Chapter 811

2013 EDITION Rules of the Road for Drivers

DUTIES TO PEDESTRIANS 811.155 Failure to stop for bus safety lights; ex- AND BICYCLES emptions; penalty 811.005 Duty to exercise due care 811.157 Report by driver of violation of ORS 811.015 Failure to obey traffic patrol member; 811.155; contents penalty 811.159 Law enforcement agency response to re- 811.017 Failure to yield to traffic patrol member; port of violation of ORS 811.155 penalty 811.160 Interference with rail fixed guideway sys- 811.020 Passing stopped vehicle at crosswalk; tem operation; penalty penalty 811.165 Failure to stop for passenger loading of 811.025 Failure to yield to pedestrian on sidewalk; public transit vehicle; penalty penalty 811.167 Failure to yield right of way to transit 811.028 Failure to stop and remain stopped for bus; rules; penalty pedestrian; penalty 811.030 Driving through safety zone; penalty OPEN CONTAINER VIOLATIONS 811.035 Failure to stop and remain stopped for 811.170 Violation of open container law; penalty pedestrian who is blind; penalty DISPOSING OF HUMAN WASTE 811.050 Failure to yield to rider on bicycle lane; penalty 811.172 Improperly disposing of human waste; penalty 811.055 Failure to yield to bicyclist on sidewalk; penalty DRIVING WHILE 811.060 Vehicular assault of bicyclist or pedes- SUSPENDED OR REVOKED trian; penalty 811.175 Violation driving while suspended or re- 811.065 Unsafe passing of person operating bicy- voked; penalties cle; penalty 811.180 Affirmative defenses SPEED 811.182 Criminal driving while suspended or re- (Basic Rule) voked; penalties 811.100 Violation of basic speed rule; penalty DRIVER OFFENSES 811.105 Speeds that are evidence of basic rule vi- INVOLVING PASSENGERS olation 811.190 Operation with obstructing passenger; 811.108 Relationship between speed limits and penalty basic rule 811.193 Smoking in motor vehicle when child is present; penalty (Maximum Speeds) 811.195 Having passenger in trailer; penalty 811.109 Penalties for speed violations 811.200 Carrying dog on external part of vehicle; 811.111 Violating a speed limit; penalty penalty 811.124 Meaning of “children are present” in ORS 811.205 Carrying minor on external part of vehi- 811.111 cle; penalty (Racing) 811.207 Legislative findings regarding restraint of children in motor vehicles 811.125 Speed racing on highway; penalty 811.210 Failure to properly use safety belts; pen- 811.127 Organizing a speed racing event; penalty alty 811.215 Exemptions from safety belt requirements (Impeding Traffic) 811.220 Certificates of exemption from safety belt 811.130 Impeding traffic; penalty requirement CARELESS AND RECKLESS DRIVING 811.225 Failure to maintain safety belts in work- ing order; penalty 811.135 Careless driving; penalty 811.140 Reckless driving; penalty HIGHWAY WORK ZONES 811.230 Definitions; fine; notice SPECIAL SAFETY MEASURES 811.231 Reckless endangerment of highway work- 811.145 Failure to yield to emergency vehicle or ers; penalties ambulance; penalty 811.232 Refusing to obey flagger; penalty 811.147 Failure to maintain safe distance from emergency vehicle, roadside assistance 811.233 Failure to yield right of way to highway vehicle, tow vehicle or ambulance; pen- worker; penalty alty 811.150 Interference with emergency vehicle or SCHOOL ZONE PENALTIES ambulance; exemptions; penalty 811.235 Fine for traffic offenses in school zones

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GENERAL DRIVING RULES 811.380 Improper use of center lane on three-lane road; penalty (Generally) 811.385 Depriving motorcycle or moped of full 811.250 Law applicable to vehicles registered out lane; penalty of state 811.255 Permitting unlawful operation of vehicle; (Signaling) penalty 811.390 Unlawful use of lights to signal for pass- ing; penalty (Traffic Control Devices) 811.395 Appropriate signals for stopping, turning, 811.260 Appropriate driver responses to traffic changing lanes and decelerating control devices 811.400 Failure to use appropriate signal for turn, 811.265 Driver failure to obey traffic control de- lane change, stop or exit from vice; penalty roundabout; penalty 811.270 Failure to obey one-way designation; pen- 811.405 Failure to signal with lights; exceptions; alty penalty

(Right of Way) (Passing) 811.275 Failure to yield right of way at uncon- 811.410 Unsafe passing on left; penalty trolled intersection; penalty 811.415 Unsafe passing on right; penalty 811.277 Failure to yield right of way at uncon- 811.420 Passing in no passing zone; exceptions; trolled T intersection; penalty penalty 811.280 Failure of driver entering roadway to 811.425 Failure of slower driver to yield to over- yield right of way; penalty taking vehicle; penalty 811.285 Failure of merging driver to yield right of way; penalty (Prohibited Places) 811.290 Obstructing cross traffic; penalty 811.430 Driving on highway divider; exceptions; 811.292 Failure to yield right of way within penalty roundabout; exception; penalty 811.435 Operation of motor vehicle on bicycle trail; exemptions; penalty (Driving on the Right) 811.440 When motor vehicles may operate on bi- 811.295 Failure to drive on right; exceptions; cycle lane penalty 811.445 Use of throughway when prohibited; pen- alty 811.300 Failure to drive on right of approaching vehicle; exceptions; penalty 811.450 Violation of posted truck routes; defense; penalty 811.305 Driving on left on curve or grade or at intersection or rail crossing; exceptions; penalty (Rail Crossings) 811.310 Crossing center line on two-way, four-lane 811.455 Failure to stop for railroad signal; penalty road; exceptions; penalty 811.460 Failure to follow rail crossing procedures 811.315 Failure of slow driver to drive on right; for high-risk vehicles; application; penalty exceptions; penalty 811.462 Failure of operator of commercial motor 811.320 Failure to drive to right on divided high- vehicle to slow down and check tracks; way; exceptions; penalty penalty 811.325 Failure to keep camper, trailer or truck 811.465 Exemptions from high-risk vehicle rail in right lane; exceptions; penalty crossing procedures 811.470 Improper movement of heavy equipment 811.330 Driving wrong way around traffic island; across rail crossing; application; penalty penalty 811.475 Obstructing rail crossing; penalty (Turning) (Miscellaneous) 811.335 Unlawful or unsignaled turn; penalty 811.480 Illegal backing; penalty 811.340 Improperly executed left turn; penalty 811.483 Safety corridors; penalty 811.345 Failure to use special left turn lane; pen- alty 811.485 Following too closely; penalty 811.346 Misuse of special left turn lane; penalty 811.490 Improper opening or leaving open of ve- hicle door; penalty 811.350 Dangerous left turn; penalty 811.492 Engine braking; penalty; exception 811.355 Improperly executed right turn; penalty 811.495 Unlawful coasting on downgrade; excep- 811.360 When vehicle turn permitted at stop light; tion; penalty improper turn at stop light; penalty 811.500 Unlawful stop or deceleration; penalty 811.365 Illegal U-turn; penalty 811.505 Failure to stop when emerging from alley, driveway or building; penalty (Lane Use) 811.507 Operating motor vehicle while using mo- 811.370 Failure to drive within lane; exception; bile communication device; exceptions; penalty penalty 811.375 Unlawful or unsignaled change of lane; 811.510 Dangerous operation around livestock; penalty penalty

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811.512 Unlawfully operating low-speed vehicle on 811.607 Program placards; rules highway; penalty 811.609 Family placards 811.513 Unlawfully operating medium-speed elec- 811.611 Foreign visitor placard tric vehicle on highway; penalty 811.612 Maintenance of privileges after relocation 811.514 Unlawfully operating racing activity vehi- cle on highway; penalty 811.613 Wheelchair User placard; rules 811.615 Unlawful parking in space reserved for USE OF LIGHTS AND WARNINGS persons with disabilities; exceptions; pen- alty (Lights) 811.617 Blocking parking space reserved for per- 811.515 When lights must be displayed; kind of sons with disabilities; penalty light; number; direction; use on certain vehicles 811.620 Removal of vehicle illegally parked in space reserved for persons with disabili- 811.520 Unlawful use or failure to use lights; ties penalty 811.625 Unlawful use of disabled person parking 811.525 Exemptions from requirements for use of permit; penalty lights 811.627 Use of invalid disabled person parking 811.526 Safety campaign for use of headlights permit; penalty 811.630 Misuse of program placard; penalty (Flares) 811.632 Appointment of volunteers to issue cita- 811.530 Failure to post warnings for disabled ve- tions hicle; application; penalty 811.635 Privileges granted by disabled person OBEYING POLICE parking permit other than program plac- ard 811.535 Failing to obey police officer; penalty 811.637 Privileges granted by program placards 811.540 Fleeing or attempting to elude police offi- cer; penalty ACCIDENTS PARKING, STOPPING AND STANDING (Duties) (Generally) 811.700 Failure to perform duties of driver when property is damaged; penalty 811.550 Places where stopping, standing and parking prohibited 811.705 Failure to perform duties of driver to in- jured persons; penalty 811.555 Illegal stopping, standing or parking; af- firmative defense; penalty 811.706 Money damages resulting from violation of ORS 811.700 or 811.705 811.560 Exemptions from prohibitions on stopping, standing or parking 811.707 Crime classification for violation of ORS 811.705 811.565 Dangerous movement of stopped, standing or parked vehicle; penalty 811.710 Failure to perform duties of driver when animal is injured; penalty 811.570 Improperly positioning parallel parked ve- 811.715 Failure to perform duties of witness to hicle; exception; affirmative defense; pen- accident; penalty alty 811.717 Failure to remove motor vehicle from 811.575 Violation of posted parking restrictions roadway; penalty on state highways; affirmative defense; penalty (Reports) 811.580 Parking vehicle on state highway for vending purposes; penalty 811.720 When accident must be reported to De- partment of Transportation 811.585 Failure to secure motor vehicle; affirma- 811.725 Driver failure to report accident to De- tive defense; penalty partment of Transportation; penalty (Winter Recreation Parking Areas) 811.730 Owner failure to report accident to De- partment of Transportation; penalty 811.590 Unlawful parking in winter recreation parking area; exemptions; penalty 811.735 Failure of vehicle occupant to make acci- dent report to Department of Transporta- 811.595 Winter recreation parking permit; rules; tion; penalty fees 811.740 False accident report; penalty 811.600 Fees for winter recreation parking per- mits 811.745 When accident must be reported to police officer or law enforcement agency (Parking for Persons With Disabilities) 811.747 Definitions for ORS 811.748 and 811.750 811.602 Disabled person parking permit; content; 811.748 Driver failure to report accident to police rules officer or law enforcement agency; pen- alty 811.603 Parking identification card without pho- tograph; issuance; rules 811.750 Failure of vehicle occupant to make acci- dent report to police officer or law en- 811.604 Application for disabled person parking forcement agency; penalty permit 811.605 Contents of individual placard or decal FUNERAL PROCESSIONS 811.606 Parking permit for person with temporary 811.800 Operation of funeral vehicles with im- disability proper lights; penalty

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811.802 Failure to yield right of way to funeral 811.808 Exemption from speed limits for funeral procession; penalty escort vehicle 811.804 Intersection rules for funeral processions 811.810 Disrupting funeral procession; penalty 811.806 Exceeding maximum speed for funeral 811.812 Free passage for funeral procession vehi- procession; penalty cles

Title 59 Page 254 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.028

DUTIES TO PEDESTRIANS (2) The offense described in this section, AND BICYCLES passing a stopped vehicle at a crosswalk, is a Class B traffic violation. [1983 c.338 §546] 811.005 Duty to exercise due care. None of the provisions of the vehicle code 811.025 Failure to yield to pedestrian relieve a pedestrian from the duty to exercise on sidewalk; penalty. (1) The driver of a due care or relieve a driver from the duty to vehicle commits the offense of failure to exercise due care concerning pedestrians. yield to a pedestrian on a sidewalk if the [1983 c.338 §543] driver does not yield the right of way to any 811.010 [1983 c.338 §544; 1985 c.16 §279; 2003 c.278 pedestrian on a sidewalk. §1; repealed by 2005 c.746 §4] (2) The offense described in this section, 811.015 Failure to obey traffic patrol failure to yield to a pedestrian on a sidewalk, member; penalty. (1) The driver of a vehi- is a Class B traffic violation. [1983 c.338 §547; cle commits the offense of failure to obey a 1995 c.383 §42] traffic patrol member if: 811.028 Failure to stop and remain (a) A traffic patrol member makes a cau- stopped for pedestrian; penalty. (1) The tionary sign or signal to indicate that stu- driver of a vehicle commits the offense of dents have entered or are about to enter the failure to stop and remain stopped for a pe- crosswalk under the traffic patrol member’s destrian if the driver does not stop and re- direction; and main stopped for a pedestrian when the pedestrian is: (b) The driver does not stop and remain stopped for students who are in or entering (a) Proceeding in accordance with a traf- the crosswalk from either direction on the fic control device as provided under ORS street on which the driver is operating. 814.010 or crossing the roadway in a cross- walk; and (2) Traffic patrol members described in (b) In any of the following locations: this section are those provided under ORS 339.650 to 339.665. (A) In the lane in which the driver’s ve- hicle is traveling; (3) The offense described in this section, failure to obey a traffic patrol member, is a (B) In a lane adjacent to the lane in Class A traffic violation. [1983 c.338 §545; 1995 which the driver’s vehicle is traveling; c.383 §12; 2003 c.278 §2] (C) In the lane into which the driver’s 811.017 Failure to yield to traffic pa- vehicle is turning; trol member; penalty. (1) The driver of a (D) In a lane adjacent to the lane into vehicle commits the offense of failure to which the driver’s vehicle is turning, if the yield to a traffic patrol member if the driver driver is making a turn at an intersection fails to stop and yield the right of way to a that does not have a traffic control device traffic patrol member who: under which a pedestrian may proceed as (a) Has entered a crosswalk for the pur- provided under ORS 814.010; or pose of directing students who have entered (E) Less than six feet from the lane into or are about to enter the crosswalk; and which the driver’s vehicle is turning, if the (b) Is carrying a flag or wearing some- driver is making a turn at an intersection thing that identifies the person as a traffic that has a traffic control device under which patrol member. a pedestrian may proceed as provided under ORS 814.010. (2) For purposes of this section, “traffic patrol” has the meaning given that term in (2) For the purpose of this section, a bi- ORS 339.650. cycle lane or the part of a roadway where a vehicle stops, stands or parks that is adja- (3) The offense described in this section, cent to a lane of travel is considered to be failure to yield to a traffic patrol member, is part of that adjacent lane of travel. a Class A traffic violation. [2003 c.557 §2] (3) This section does not require a driver 811.020 Passing stopped vehicle at to stop and remain stopped for a pedestrian crosswalk; penalty. (1) The driver of a ve- under any of the following circumstances: hicle commits the offense of passing a (a) Upon a roadway with a safety island, stopped vehicle at a crosswalk if the driver: if the driver is proceeding along the half of (a) Approaches from the rear another ve- the roadway on the far side of the safety is- hicle that is stopped at a marked or an un- land from the pedestrian; or marked crosswalk at an intersection to (b) Where a pedestrian tunnel or over- permit a pedestrian to cross the roadway; head crossing has been provided at or near and a crosswalk. (b) Overtakes and passes the stopped ve- (4) For the purposes of this section, a hicle. pedestrian is crossing the roadway in a

Title 59 Page 255 (2013 Edition) 811.030 OREGON VEHICLE CODE

crosswalk when any part or extension of the bicycle or leashed animal, moves onto the pedestrian, including but not limited to any roadway with the intent to proceed. part of the pedestrian’s body, wheelchair, (4) The offense described in this section, cane, crutch or bicycle, moves onto the failure to stop and remain stopped for a pe- roadway in a crosswalk with the intent to destrian who is blind, is a Class B traffic vi- proceed. olation. [1983 c.338 §549; 1985 c.16 §280; 2003 c.278 §3; (5) The offense described in this section, 2007 c.70 §329; 2011 c.507 §2] failure to stop and remain stopped for a pe- 811.040 [1983 c.338 §550; 1985 c.16 §281; 2003 c.278 §4; repealed by 2005 c.746 §4] destrian, is a Class B traffic violation. [2005 c.746 §2; 2011 c.507 §1] 811.045 [1983 c.338 §551; 2003 c.278 §5; repealed by 2005 c.746 §4] Note: 811.028 was added to and made a part of the Oregon Vehicle Code by legislative action but was not 811.050 Failure to yield to rider on bi- added to ORS chapter 811 or any series therein. See cycle lane; penalty. (1) A person commits Preface to Oregon Revised Statutes for further explana- the offense of failure of a motor vehicle op- tion. erator to yield to a rider on a bicycle lane if 811.030 Driving through safety zone; the person is operating a motor vehicle and penalty. (1) The driver of a vehicle commits the person does not yield the right of way to the offense of driving through a safety zone a person operating a bicycle, electric assisted if the driver at any time drives through or bicycle, electric personal assistive mobility within any area or space officially set apart device, moped, motor assisted scooter or mo- within a roadway for the exclusive use of torized wheelchair upon a bicycle lane. pedestrians and which is protected or is so (2) This section does not require a person marked or indicated by adequate signs as to operating a moped to yield the right of way be plainly visible at all times while set apart to a bicycle or a motor assisted scooter if the as a safety zone. moped is operated on a bicycle lane in the (2) The offense described in this section, manner permitted under ORS 811.440. driving through a safety zone, is a Class B (3) The offense described in this section, traffic violation. [1983 c.338 §548; 1995 c.383 §43] failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a Class B 811.035 Failure to stop and remain traffic violation. [1983 c.338 §698; 1985 c.16 §336; stopped for pedestrian who is blind; pen- 1991 c.417 §4; 1997 c.400 §8; 2001 c.749 §23; 2003 c.341 §7] alty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped 811.055 Failure to yield to bicyclist on for a pedestrian who is blind if the driver sidewalk; penalty. (1) The driver of a motor violates any of the following: vehicle commits the offense of failure to yield the right of way to a bicyclist on a (a) A driver approaching a pedestrian sidewalk if the driver does not yield the right who is blind or blind and deaf, who is carry- of way to any bicyclist on a sidewalk. ing a white cane or accompanied by a dog (2) The driver of a motor vehicle is not guide, and who is crossing or about to cross in violation of this section when a bicyclist a roadway, shall stop and remain stopped is operating in violation of ORS 814.410. until the pedestrian has crossed the roadway. Nothing in this subsection relieves the driver (b) Where the movement of vehicular of a motor vehicle from the duty to exercise traffic is regulated by traffic control devices, due care. a driver approaching a pedestrian who is (3) The offense described in this section, blind or blind and deaf shall stop and remain failure to yield the right of way to a bicyclist stopped until the pedestrian has vacated the on a sidewalk, is a Class B traffic violation. roadway if the pedestrian has entered the [1983 c.338 §702; 1985 c.16 §340; 1995 c.383 §44] roadway and is carrying a white cane or is 811.060 Vehicular assault of bicyclist accompanied by a dog guide. This paragraph or pedestrian; penalty. (1) For the purposes applies notwithstanding any other provisions of this section, “recklessly” has the meaning of the vehicle code relating to traffic control given that term in ORS 161.085. devices. (2) A person commits the offense of ve- (2) This section is subject to the pro- hicular assault of a bicyclist or pedestrian if: visions and definitions relating to the rights (a) The person recklessly operates a ve- of pedestrians who are blind or blind and hicle upon a highway in a manner that re- deaf under ORS 814.110. sults in contact between the person’s vehicle (3) For the purposes of this section, a and a bicycle operated by a person, a person pedestrian is crossing the roadway when any operating a bicycle or a pedestrian; and part or extension of the pedestrian, including (b) The contact causes physical injury to but not limited to any part of the the person operating a bicycle or the pedes- pedestrian’s body, wheelchair, cane, crutch, trian.

Title 59 Page 256 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.105

(3) The offense described in this section, SPEED vehicular assault of a bicyclist or pedestrian, (Basic Rule) is a Class A misdemeanor. [2001 c.635 §5] 811.100 Violation of basic speed rule; 811.065 Unsafe passing of person op- penalty. (1) A person commits the offense of erating bicycle; penalty. (1) A driver of a violating the basic speed rule if the person motor vehicle commits the offense of unsafe drives a vehicle upon a highway at a speed passing of a person operating a bicycle if the greater than is reasonable and prudent, hav- driver violates any of the following require- ing due regard to all of the following: ments: (a) The traffic. (a) The driver of a motor vehicle may only pass a person operating a bicycle by (b) The surface and width of the highway. driving to the left of the bicycle at a safe (c) The hazard at intersections. distance and returning to the lane of travel once the motor vehicle is safely clear of the (d) Weather. overtaken bicycle. For the purposes of this (e) Visibility. paragraph, a “safe distance” means a dis- (f) Any other conditions then existing. tance that is sufficient to prevent contact with the person operating the bicycle if the (2) The following apply to the offense de- person were to fall into the driver’s lane of scribed in this section: traffic. This paragraph does not apply to a (a) The offense is as applicable on an al- driver operating a motor vehicle: ley as on any other highway. (A) In a lane that is separate from and (b) Speeds that are prima facie evidence adjacent to a designated bicycle lane; of violation of this section are established by (B) At a speed not greater than 35 miles ORS 811.105. per hour; or (c) This section and ORS 811.105 estab- (C) When the driver is passing a person lish limitation on speeds that are in addition operating a bicycle on the person’s right side to speed limits established in ORS 811.111. and the person operating the bicycle is turn- (3) Except as provided in subsection (4) ing left. of this section, violation of the basic speed (b) The driver of a motor vehicle may rule by exceeding a designated speed posted drive to the left of the center of a roadway under ORS 810.180 is punishable as provided to pass a person operating a bicycle proceed- in ORS 811.109. ing in the same direction only if the roadway (4) The offense described in this section, to the left of the center is unobstructed for violating the basic speed rule, is a Class B a sufficient distance to permit the driver to traffic violation if the person drives a vehicle pass the person operating the bicycle safely upon a highway at a speed that is not rea- and avoid interference with oncoming traffic. sonable and prudent under the circumstances This paragraph does not authorize driving on described in subsection (1) of this section the left side of the center of a roadway when even though the speed is lower than the ap- prohibited under ORS 811.295, 811.300 or propriate speed specified in ORS 811.105 as 811.310 to 811.325. prima facie evidence of violation of the basic (c) The driver of a motor vehicle that speed rule. [1983 c.338 §563; 1987 c.887 §9; 1989 c.592 passes a person operating a bicycle shall re- §4; 1991 c.728 §5; 1999 c.1051 §229; 2003 c.819 §5] turn to an authorized lane of traffic as soon 811.105 Speeds that are evidence of as practicable. basic rule violation. (1) Any speed in excess (2) Passing a person operating a bicycle of a designated speed posted by authority in a no passing zone in violation of ORS granted under ORS 810.180 is prima facie 811.420 constitutes prima facie evidence of evidence of violation of the basic speed rule commission of the offense described in this under ORS 811.100. section, unsafe passing of a person operating (2) If no designated speed is posted by a bicycle, if the passing results in injury to authority granted under ORS 810.180, any or the death of the person operating the bi- speed in excess of one of the following speeds cycle. is prima facie evidence of violation of the (3) The offense described in this section, basic speed rule: unsafe passing of a person operating a bicy- (a) Fifteen miles per hour when driving cle, is a Class B traffic violation. [2007 c.794 §2] on an alley or a narrow residential roadway. Note: 811.065 was added to and made a part of the (b) Twenty miles per hour in a business Oregon Vehicle Code by legislative action but was not district. added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explana- (c) Twenty-five miles per hour in any tion. public park.

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(d) Twenty-five miles per hour on a high- (c) 21 to 30 miles per hour in excess of way in a residence district if: the designated speed is a Class B traffic vio- (A) The residence district is not located lation. within a city; and (d) Over 30 miles per hour in excess of (B) The highway is neither an arterial the designated speed is a Class A traffic vio- nor a collector highway. lation. (4) In addition to a fine imposed under (e) Fifty-five miles per hour in locations subsection (1), (2) or (3) of this section, a not otherwise described in this section. [1983 c.338 §564; 1985 c.16 §286; 1987 c.887 §10; 1989 c.592 §5; court may order a suspension of driving 1995 c.558 §3; 1997 c.404 §5; 1997 c.438 §3; 2003 c.397 §6; privileges for up to 30 days if a person ex- 2003 c.819 §6; 2007 c.367 §3] ceeds a speed limit or designated speed by 811.106 [1995 c.558 §2; 1997 c.682 §4; 2003 c.397 §7; more than 30 miles per hour and the person 2003 c.819 §§7,7a,7b; renumbered 810.243 in 2011] has received at least one prior conviction under ORS 811.100 or 811.111 within 12 811.108 Relationship between speed months of the date of the current offense. limits and basic rule. (1) The speed limits established by ORS 811.111 do not authorize (5) Notwithstanding subsections (1) to (3) speeds higher than those required for com- of this section, if a person drives 100 miles pliance with the basic speed rule. per hour or greater when the person commits a violation described in this section, the per- (2) The basic speed rule does not author- son commits a specific fine traffic violation. ize speeds higher than those established as The presumptive fine for a violation under speed limits by ORS 811.111. [1987 c.887 §5; 2003 c.819 §8] this subsection is $1,150, and upon conviction the court shall order a suspension of driving privileges for not less than 30 days nor more (Maximum Speeds) than 90 days. 811.109 Penalties for speed violations. (6) When a court orders a suspension (1) Violation of a specific speed limit imposed under subsection (4) or (5) of this section, the under law or of a posted speed limit is pun- court shall prepare and send to the Depart- ishable as follows: ment of Transportation an order of suspen- (a) One to 10 miles per hour in excess of sion of driving privileges of the person. Upon the speed limit is a Class D traffic violation. receipt of an order under this subsection, the department shall take action as directed un- (b) 11 to 20 miles per hour in excess of der ORS 809.280. [1995 c.383 §14; 2003 c.819 §17; 2005 the speed limit is a Class C traffic violation. c.491 §1; 2011 c.597 §§96,319] (c) 21 to 30 miles per hour in excess of 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 the speed limit is a Class B traffic violation. by 2003 c.819 §§19,20] (d) Over 30 miles per hour in excess of 811.111 Violating a speed limit; pen- the speed limit is a Class A traffic violation. alty. (1) A person commits the offense of vi- (2) Notwithstanding subsection (1) of this olating a speed limit if the person: section, if the speed limit is 65 miles per (a) Drives a vehicle on an interstate hour or greater and: highway at a speed greater than 65 miles per (a) The person is exceeding the speed hour or, if a different speed is posted under limit by 10 miles per hour or less, the offense ORS 810.180 (3), at a speed greater than the is a Class C traffic violation. posted speed. (b) The person is exceeding the speed (b) Notwithstanding paragraph (a) of this limit by more than 10 miles per hour but not subsection, drives any of the following vehi- more than 20 miles per hour, the offense is cles at a speed greater than 55 miles per a Class B traffic violation. hour on any highway or, if a different speed is posted under ORS 810.180 (3), at a speed (c) The person is exceeding the speed greater than the posted speed: limit by more than 20 miles per hour, the offense is a Class A traffic violation. (A) A motor truck with a gross vehicle weight rating of more than 10,000 pounds or (3) Violation of the basic speed rule by a truck tractor with a gross vehicle weight exceeding a designated speed posted under rating of more than 8,000 pounds. ORS 810.180 is punishable as follows: (B) A school bus. (a) One to 10 miles per hour in excess of the designated speed is a Class D traffic vio- (C) A school activity vehicle. lation. (D) A worker transport bus. (b) 11 to 20 miles per hour in excess of (E) A bus operated for transporting chil- the designated speed is a Class C traffic vio- dren to and from church or an activity or lation. function authorized by a church.

Title 59 Page 258 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.125

(F) Any vehicle used in the transporta- 811.115 [1983 c.338 §566; 1985 c.420 §8; 1987 c.887 §12; tion of persons for hire by a nonprofit entity 1989 c.457 §1; 1989 c.992 §19; 1995 c.383 §17; 1999 c.359 as provided in ORS 825.017 (9). §9; repealed by 2003 c.819 §19] 811.120 [1983 c.338 §567; 1987 c.887 §13; 1995 c.383 (c) Drives a vehicle or conveyance on §18; repealed by 2003 c.819 §19] any part of the ocean shore in this state at 811.122 [1989 c.592 §2; repealed by 1991 c.728 §6] a speed greater than any of the following: 811.123 [1991 c.728 §2; 1995 c.383 §19; 1995 c.558 §4; (A) Any designated speed for ocean 1997 c.404 §6; 1997 c.438 §4; 2003 c.397 §8; repealed by shores that is established and posted under 2003 c.819 §§19,21] ORS 810.180. 811.124 Meaning of “children are pres- (B) If no designated speed is posted under ent” in ORS 811.111. For purposes of ORS ORS 810.180, 25 miles per hour. 811.111, children are present at any time and on any day when: (d) Drives a vehicle upon a highway in any city at a speed greater than a speed (1) Children are: posted by authority granted under ORS (a) Occupying or walking within a cross- 810.180 or, if no speed is posted, the follow- walk described in ORS 801.462 (1)(b); or ing: (b) Waiting on the curb or shoulder of (A) Fifteen miles per hour when driving the highway at a crosswalk described in ORS on an alley or a narrow residential roadway. 801.462 (1)(b); or (B) Twenty miles per hour in a business (2) A traffic patrol member provided un- district. der ORS 339.650 to 339.665 is present to as- (C) Twenty-five miles per hour in a pub- sist children at a crosswalk described in ORS lic park. 801.462 (1)(b). [1997 c.438 §2; 2003 c.397 §5; 2003 c.819 §§9,9a,9b] (D) Twenty-five miles per hour on a highway in a residence district if the high- (Racing) way is not an arterial highway. 811.125 Speed racing on highway; pen- (E) Sixty-five miles per hour on an inter- alty. (1) A person commits the offense of state highway. speed racing on a highway if, on a highway (F) Fifty-five miles per hour in locations in this state, the person drives a vehicle or not otherwise described in this paragraph. participates in any manner in any of the fol- (e) Drives a vehicle in a school zone at lowing in which a vehicle is involved: a speed greater than 20 miles per hour if the (a) A speed competition or contest. school zone is: (b) An acceleration contest. (A) A segment of highway described in (c) A test of physical endurance. ORS 801.462 (1)(a) and: (d) An exhibition of speed or acceler- (i) The school zone has a flashing light ation. used as a traffic control device and operated under ORS 810.243 and the flashing light in- (e) The making of a speed record. dicates that children may be arriving at or (f) A race. For purposes of this para- leaving school; or graph, racing is the use of one or more ve- (ii) If the school zone does not have a hicles in an attempt to outgain, outdistance flashing light used as a traffic control device, or prevent another vehicle from passing, to the person drives in the school zone between arrive at a given destination ahead of an- 7 a.m. and 5 p.m. on a day when school is in other vehicle or vehicles or to test the phys- session. ical stamina or endurance of drivers over long distance driving routes. (B) A crosswalk described in ORS 801.462 (1)(b) and: (g) A drag race. For purposes of this paragraph, drag racing is the operation of (i) A flashing light used as a traffic con- two or more vehicles from a point side by trol device and operated under ORS 810.243 side at accelerating speeds in a competitive indicates that children may be arriving at or attempt to outdistance each other, or the leaving school; or operation of one or more vehicles over a (ii) Children are present, as described in common selected course, from the same point ORS 811.124. to the same point for the purpose of compar- ing the relative speeds or power of acceler- (2) The offense described in this section, ation of the vehicle or vehicles within a violating a speed limit, is punishable as pro- certain distance or time limit. vided in ORS 811.109. [2003 c.819 §4; 2003 c.819 §4a; 2005 c.573 §1; 2005 c.770 §6; 2007 c.367 §4] (2) The offense described in this section, 811.112 [1987 c.887 §4; 1995 c.383 §16; repealed by speed racing on a highway, is a Class A 2003 c.819 §19] traffic violation and is applicable on any

Title 59 Page 259 (2013 Edition) 811.127 OREGON VEHICLE CODE

premises open to the public. [1983 c.338 §568; CARELESS AND RECKLESS DRIVING 1985 c.16 §287] 811.135 Careless driving; penalty. (1) A 811.127 Organizing a speed racing person commits the offense of careless driv- event; penalty. (1) Except as provided in ing if the person drives any vehicle upon a subsection (3) of this section, a person com- highway or other premises described in this mits the offense of organizing a speed racing section in a manner that endangers or would event if the person in any manner organizes be likely to endanger any person or property. a speed racing event. (2) The offense described in this section, (2) As used in this section, “speed racing event” means an event that: careless driving, applies on any premises open to the public and is a Class B traffic (a) Is preplanned and coordinated and in- violation unless commission of the offense volves two or more vehicles; contributes to an accident. If commission of (b) Includes any of the activities de- the offense contributes to an accident, the scribed in ORS 811.125 (1); and offense is a Class A traffic violation. (c) Takes place on a highway. (3) In addition to any other penalty im- (3) A person who organizes a speed rac- posed for an offense committed under this ing event is not in violation of this section section, if the court determines that the if the person has a permit from the road au- commission of the offense described in this thority for the highway on which the event section contributed to the serious physical takes place. injury or death of a vulnerable user of a public way, the court shall: (4) The offense described in this section, organizing a speed racing event, is a Class (a) Impose a sentence that requires the C felony. [2003 c.550 §2] person to: (A) Complete a traffic safety course; and (Impeding Traffic) (B) Perform between 100 and 200 hours 811.130 Impeding traffic; penalty. (1) of community service, notwithstanding ORS 137.129. The community service must include A person commits the offense of impeding activities related to driver improvement and traffic if the person drives a motor vehicle providing public education on traffic safety; or a combination of motor vehicles in a manner that impedes or blocks the normal (b) Order, but suspend on the condition and reasonable movement of traffic. that the person complete the requirements of paragraph (a) of this subsection: (2) A person is not in violation of the of- (A) A fine of up to $12,500, notwith- fense described under this section if the per- standing ORS 153.018; and son is proceeding in a manner needed for safe operation. (B) A suspension of driving privileges for one year as provided in ORS 809.280; and (3) Proceeding in a manner needed for (c) Set a hearing date up to one year safe operation includes but is not necessarily from the date of sentencing. limited to: (4) At the hearing described in subsection (a) Momentarily stopping to allow (3)(c) of this section, the court shall: oncoming traffic to pass before making a (a) If the person has successfully com- right-hand or left-hand turn. pleted the requirements described in subsec- (b) Momentarily stopping in preparation tion (3)(a) of this section, dismiss the of, or moving at an extremely slow pace penalties ordered under subsection (3)(b) of while, negotiating an exit from the road. this section; or (4) A person is not in violation of the of- (b) If the person has not successfully fense described under this section if the per- completed the requirements described in son is proceeding as part of a funeral subsection (3)(a) of this section: procession under the direction of a funeral (A) Grant the person an extension based escort vehicle or a funeral lead vehicle. on good cause shown; or (5) The offense described in this section, (B) Order the penalties under subsection impeding traffic, is a Class D traffic vio- (3)(b) of this section. lation. [1983 c.338 §569; 1985 c.16 §288; 1989 c.433 §1; (5) When a court orders a suspension 1991 c.482 §18; 1995 c.383 §45] under subsection (4) of this section, the court

Title 59 Page 260 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.150 shall prepare and send to the Department of ambulance, is a Class B traffic violation. Transportation an order of suspension of [1983 c.338 §582; 1985 c.16 §289; 1995 c.383 §46] driving privileges of the person. Upon receipt 811.147 Failure to maintain safe dis- of an order under this subsection, the de- tance from emergency vehicle, roadside partment shall take action as directed under assistance vehicle, tow vehicle or ambu- ORS 809.280. lance; penalty. (1) As used in this section, “roadside assistance vehicle” means a vehi- (6) The police officer issuing the citation cle with warning lights that responds to re- for an offense under this section shall note quests for repair assistance from motorists on the citation if the cited offense appears to with disabled vehicles. have contributed to the serious physical in- (2) A person operating a motor vehicle jury or death of a vulnerable user of a public commits the offense of failure to maintain a way. [1983 c.338 §570; 1995 c.383 §20; 2007 c.784 §3; 2011 safe distance from an emergency vehicle, c.355 §11; 2011 c.423 §1] roadside assistance vehicle, tow vehicle or 811.140 Reckless driving; penalty. (1) ambulance if the person approaches an A person commits the offense of reckless emergency vehicle, roadside assistance vehi- driving if the person recklessly drives a ve- cle, tow vehicle or ambulance that is stopped hicle upon a highway or other premises de- and is displaying required warning lights and scribed in this section in a manner that the person: endangers the safety of persons or property. (a) On a highway having two or more lanes for traffic in a single direction, fails to: (2) The use of the term “recklessly” in this section is as defined in ORS 161.085. (A) Make a lane change to a lane not adjacent to that of the emergency vehicle, (3) The offense described in this section, roadside assistance vehicle, tow vehicle or reckless driving, is a Class A misdemeanor ambulance; or and is applicable upon any premises open to (B) Reduce the speed of the motor vehicle the public. [1983 c.338 §571] to a speed that is at least five miles per hour under the speed limit established in ORS SPECIAL SAFETY MEASURES 811.111 or a designated speed posted under 811.145 Failure to yield to emergency ORS 810.180, if making a lane change is un- vehicle or ambulance; penalty. (1) A per- safe. son commits the offense of failure to yield to (b) On a two directional, two-lane high- an emergency vehicle or ambulance if an way, fails to reduce the speed of the motor ambulance or emergency vehicle that is us- vehicle to a speed that is at least five miles ing a visual or audible signal in a manner per hour under the speed limit established in described under ORS 820.300 and 820.320 ap- ORS 811.111 or a designated speed posted proaches the vehicle the person is operating under ORS 810.180. and the person does not do all of the follow- ing: (3) The offense described in this section, failure to maintain a safe distance from an (a) Yield the right of way to the ambu- emergency vehicle, roadside assistance vehi- lance or emergency vehicle. cle, tow vehicle or ambulance, is a Class B (b) Immediately drive to a position as traffic violation. [2003 c.42 §2; 2009 c.198 §1; 2010 near as possible and parallel to the right- c.30 §17] hand edge or curb of the roadway clear of Note: 811.147 was added to and made a part of the any intersection. Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See (c) Stop and remain in such position until Preface to Oregon Revised Statutes for further explana- the emergency vehicle or ambulance has tion. passed. 811.150 Interference with emergency (2) A person is not in violation of this vehicle or ambulance; exemptions; pen- section if the person is acting as otherwise alty. (1) A person commits the offense of in- directed by a police officer. terference with an emergency vehicle or (3) This section does not relieve the ambulance if the person does any of the fol- driver of an emergency vehicle or ambulance lowing: from the duty to drive with due regard for (a) Drives a vehicle following at a dis- the safety of all persons using the highway, tance closer than 500 feet any emergency nor does this section protect the driver of vehicle or ambulance that is traveling in re- any such vehicle from the consequence of an sponse to a fire alarm or emergency. arbitrary exercise of the right of way granted (b) Drives or parks a vehicle in a manner under this section. that interferes with the emergency vehicle (4) The offense described in this section, or ambulance responding to a fire alarm or failure to yield to an emergency vehicle or emergency.

Title 59 Page 261 (2013 Edition) 811.155 OREGON VEHICLE CODE

(c) Drives over an unprotected hose of a (a) The date and time of day of the al- fire department laid down on any highway, leged violation; private road or driveway to be used at any (b) The name of the street on which the fire, alarm of fire or emergency. bus was traveling at the time of the alleged (2) The following exemptions apply to violation and either the approximate address this section: or the name of the closest intersecting (a) Nothing in this section prohibits a street; driver of an emergency vehicle or ambulance (c) The direction in which the bus was from following within 500 feet of an emer- traveling and the direction in which the ve- gency vehicle or ambulance traveling in re- hicle alleged to have committed the violation sponse to a fire alarm or emergency or from was traveling; driving into or parking a vehicle in the area or vicinity where such vehicles have stopped (d) The weather conditions, including in response to an alarm or emergency. visibility, at the time of the alleged violation; and (b) Nothing in this section prevents any person from driving over an unprotected hose (e) The following information about the of a fire department if the person first ob- vehicle alleged to have committed the vio- tains the permission of a fire department of- lation: ficial or police officer at the scene of the (A) Number and state of issuance of the fire, alarm of fire or emergency. registration plate; and (3) The offense described in this section, (B) Whether the vehicle is a sedan, sta- interference with an emergency vehicle or tion wagon, van, truck, bus, motorcycle or ambulance, is a Class B traffic violation. other type of vehicle. [1983 c.338 §584; 1985 c.16 §291; 1985 c.190 §1; 1995 c.383 §47] (3) In addition to the information re- 811.155 Failure to stop for bus safety quired by subsection (2) of this section, the lights; exemptions; penalty. (1) A driver report may contain any other identifying in- commits the offense of failure to stop for bus formation, including but not limited to color safety lights if the driver meets or overtakes of the vehicle, that the reporting bus driver from either direction any vehicle that is has about the vehicle or the driver of the stopped on a roadway and that is operating vehicle alleged to have committed the vio- red bus safety lights described under ORS lation. [1987 c.654 §2] 816.260 and the driver does not: 811.159 Law enforcement agency re- (a) Stop before reaching the vehicle; and sponse to report of violation of ORS 811.155. Upon receipt of a report containing (b) Remain standing until the bus safety the information required by ORS 811.157 (2), lights are no longer operating. the law enforcement agency shall determine (2) The following apply to the offense de- the name and address of the registered owner scribed in this section: of the vehicle and shall send the registered (a) The offense described in this section owner a letter informing the owner that the does not apply if the vehicle operating the vehicle was observed violating ORS 811.155. bus safety lights is not permitted under ORS The letter shall include, at a minimum, in- 816.350 and 816.360 to operate red bus safety formation from the report filed under ORS lights. 811.157 specifying the time and place of the (b) A driver need not comply with this alleged violation. [1987 c.654 §3] section if the vehicle operating red bus 811.160 Interference with rail fixed safety lights is stopped on a different guideway system operation; penalty. (1) roadway. A person commits the offense of interference (3) The offense described in this section, with rail fixed guideway system operation if failure to stop for bus safety lights, is a Class the person does any of the following: A traffic violation. [1983 c.338 §583; 1985 c.16 §290] (a) Drives any vehicle in front of a rail 811.157 Report by driver of violation fixed guideway system vehicle upon a track of ORS 811.155; contents. (1) The driver of and the person fails to remove the person’s a school bus, worker transport bus or a bus vehicle from the track as soon as practicable issued a permit under ORS 818.260 may re- after signal from the operator of the rail port a violation of ORS 811.155 to the local fixed guideway system vehicle. law enforcement agency having jurisdiction (b) Drives a vehicle upon or across rail over the area where the violation is alleged fixed guideway system tracks within an to have occurred. intersection in front of a rail fixed guideway (2) A report under subsection (1) of this system vehicle when the rail fixed guideway section shall be made within 72 hours of the system vehicle has started to cross the alleged violation and shall contain: intersection.

Title 59 Page 262 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.170

(c) Overtakes or passes upon the left any 811.167 Failure to yield right of way rail fixed guideway system vehicle proceed- to transit bus; rules; penalty. (1) A person ing in the same direction whether actually in commits the offense of failure to yield the motion or temporarily at rest. This para- right of way to a transit bus entering traffic graph does not apply on one-way streets or if the person does not yield the right of way on streets where the tracks are so located as to a transit bus when: to prevent compliance. (a) A yield sign as described in subsec- (2) This section applies to any rail fixed tion (2) of this section is displayed on the guideway system vehicle that is any device back of the transit bus; traveling exclusively upon rails when upon (b) The person is operating a vehicle that or crossing a highway but does not apply to is overtaking the transit bus from the rear cars or trains propelled or moved by steam of the transit bus; and engine or by diesel engine. (c) The transit bus, after stopping to re- (3) The offense described in this section, ceive or discharge passengers, is signaling an interference with rail fixed guideway system intention to enter the traffic lane occupied operation, is a Class B traffic violation. [1983 by the person. c.338 §585; 1995 c.383 §48; 2001 c.522 §3] (2) The yield sign referred to in subsec- 811.165 Failure to stop for passenger tion (1)(a) of this section shall warn a person loading of public transit vehicle; penalty. operating a motor vehicle approaching the (1) A person commits the offense of failure rear of a transit bus that the person must to stop for passenger loading of a public yield when the transit bus is entering traffic. transit vehicle if the person is the driver of The yield sign shall be illuminated by a a vehicle overtaking a public transit vehicle flashing light when the bus is signaling an described in this section that is stopped or intention to enter a traffic lane after stop- about to stop for the purpose of receiving or ping to receive or discharge passengers. The discharging any passenger and the person Oregon Transportation Commission shall does not: adopt by rule the message on the yield sign, (a) Stop the overtaking vehicle to the specifications for the size, shape, color, let- rear of the nearest running board or door of tering and illumination of the sign and spec- the public transit vehicle; and ifications for the placement of the sign on a transit bus. (b) Keep the vehicle stationary until all passengers have boarded or alighted there- (3) This section does not relieve a driver from and reached a place of safety. of a transit bus from the duty to drive with due regard for the safety of all persons using (2) This section applies to the following the roadway. public transit vehicles: (4) As used in this section, “transit bus” (a) Commercial buses; and means a commercial bus operated by a city (b) Rail fixed guideway system vehicles. or a county, a mass transit district estab- lished under ORS 267.010 to 267.390 or a (3) A person is not in violation of this transportation district established under ORS section if the person passes a public transit 267.510 to 267.650. vehicle: (5) The offense described in this section, (a) Upon the left of any public transit failure to yield the right of way to a transit vehicle described in this section on a one- bus entering traffic, is a Class D traffic vio- way street; or lation. [1997 c.509 §2; 2013 c.202 §1] (b) At a speed not greater than is rea- sonable and proper and with due caution for OPEN CONTAINER VIOLATIONS the safety of pedestrians when: 811.170 Violation of open container (A) The public transit vehicle has stopped law; penalty. (1) A person commits the of- at the curb; or fense of violation of the open container law (B) Any area or space has been officially in a motor vehicle if the person does any of set apart within the roadway for the exclu- the following: sive use of pedestrians and the area or space (a) Drinks any alcoholic liquor in a mo- is so protected or marked or indicated by tor vehicle when the vehicle is upon a high- adequate signs as to be plainly visible at all way. times while set apart as a safety zone. (b) Possesses on one’s person, while in a (4) The offense described in this section, motor vehicle upon a highway, any bottle, failure to stop for passenger loading of public can or other receptacle containing any alco- transit vehicle, is a Class B traffic violation. holic liquor, which has been opened, or a [1983 c.338 §586; 1985 c.16 §292; 1995 c.383 §49; 2001 c.522 seal broken, or the contents of which have §4] been partially removed.

Title 59 Page 263 (2013 Edition) 811.172 OREGON VEHICLE CODE

(c) Keeps in a motor vehicle when the mit issued under ORS 807.240, including any vehicle is upon any highway, any bottle, can limitations placed on the permit under ORS or other receptacle containing any alcoholic 813.510. liquor, which has been opened, or a seal (c) Drives a commercial motor vehicle broken, or the contents of which have been upon a highway during a period when the partially removed. The following apply to person’s driving privileges or commercial this paragraph: driving privileges have been suspended or (A) This paragraph applies only to the revoked in this state or any other jurisdic- registered owner of any motor vehicle or, if tion. the registered owner is not then present in (2) Affirmative defenses to the offense the vehicle, to the driver of the vehicle. described in this section are established un- (B) This paragraph does not apply if the der ORS 811.180. bottle, can or other receptacle is kept in the (3) The offense described in this section trunk of the vehicle, or kept in some other is applicable upon any premises open to the area of the vehicle not normally occupied by public. the driver or passengers if the vehicle is not equipped with a trunk. (4) The offense described in this section, (C) For purposes of this paragraph, a violation driving while suspended or revoked, utility compartment or glove compartment is is a Class A traffic violation except as oth- erwise provided in ORS 811.182. [1983 c.338 considered within the area occupied by the §598; 1985 c.16 §304; 1987 c.730 §1; 1987 c.801 §9; 1989 driver and passengers. c.171 §91; 1989 c.636 §45; 1997 c.249 §228; 1999 c.1051 §90; (D) This paragraph does not apply to the 2009 c.395 §10] living quarters of a camper or motor home. 811.180 Affirmative defenses. The fol- (2) The offense described in this section lowing establishes affirmative defenses in does not apply to passengers in a motor ve- prosecutions for driving while suspended or hicle operated by a common carrier and used revoked in violation of ORS 811.175 or primarily to carry passengers for hire. 811.182 and describes when the affirmative (3) The offense described in this section, defenses are not available: violation of the open container law in a mo- (1) In addition to other defenses provided tor vehicle, is a Class B traffic violation. by law, including but not limited to ORS [1983 c.338 §597; 1985 c.16 §303; 2001 c.827 §10] 161.200, it is an affirmative defense to the offenses described in ORS 811.175 and DISPOSING OF HUMAN WASTE 811.182 that: 811.172 Improperly disposing of hu- (a) An injury or immediate threat of in- man waste; penalty. (1) A person commits jury to a human being or animal, and the the offense of improperly disposing of human urgency of the circumstances made it neces- waste if the person is operating or riding in sary for the defendant to drive a motor vehi- a motor vehicle and the person throws, puts cle at the time and place in question; or or otherwise leaves a container of urine or (b) The defendant had not received notice other human waste on or beside the highway. of the defendant’s suspension or revocation (2) The offense described in this section, or been informed of the suspension or revo- improperly disposing of human waste, is a cation by a trial judge who ordered a sus- Class A misdemeanor. [1999 c.670 §2; 2011 c.597 pension or revocation of the defendant’s §305] driving privileges or right to apply. (2) The affirmative defenses described in DRIVING WHILE SUSPENDED subsection (1)(b) of this section are not OR REVOKED available to a defendant under the circum- 811.175 Violation driving while sus- stances described in this subsection. Any of pended or revoked; penalties. (1) A person the evidence specified in this subsection may commits the offense of violation driving be offered in the prosecution’s case in chief. while suspended or revoked if the person This subsection applies if any of the follow- does any of the following: ing circumstances exist: (a) Drives a motor vehicle upon a high- (a) The defendant refused to sign a re- way during a period when the person’s driv- ceipt for the certified mail containing the ing privileges or right to apply for driving notice of suspension or revocation. privileges have been suspended or revoked in (b) The notice of suspension or revoca- this state by a court or by the Department tion could not be delivered to the defendant of Transportation. because the defendant failed to comply with (b) Drives a motor vehicle outside the the requirements under ORS 807.560 to no- limitations of a probationary permit issued tify the Department of Transportation of a under ORS 807.270 or a hardship driver per- change of address or residence.

Title 59 Page 264 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.182

(c) At a previous court appearance, the (B) 0.04 percent or more by weight if the defendant had been informed by a trial judge person was driving a commercial motor ve- that the judge was ordering a suspension or hicle; or revocation of the defendant’s driving privi- (C) Any amount if the person was under leges or right to apply. 21 years of age. (d) The defendant had actual knowledge (d) A suspension of a commercial driver of the suspension or revocation by any means license under ORS 809.413 (1) resulting from prior to the time the defendant was stopped failure to perform the duties of a driver un- on the current charge. der ORS 811.700 while driving a commercial (e) The defendant was provided with no- motor vehicle. tice of intent to suspend under ORS 813.100. [1983 c.338 §599; 1985 c.16 §305; 1985 c.672 §18; 1985 c.744 (e) A suspension of a commercial driver §1; 1987 c.138 §2; 1987 c.158 §168; 1987 c.730 §20; 1987 license under ORS 809.413 (12) where the c.801 §10; 1997 c.249 §229] person’s commercial driving privileges have been suspended or revoked by the other ju- 811.182 Criminal driving while sus- risdiction for failure of or refusal to take a pended or revoked; penalties. (1) A person chemical test to determine the alcoholic commits the offense of criminal driving while content of the person’s blood under a statute suspended or revoked if the person violates that is substantially similar to ORS 813.100. ORS 811.175 and the suspension or revoca- tion is one described in this section, or if the (f) A suspension of a commercial driver hardship or probationary permit violated is license under ORS 809.404. based upon a suspension or revocation de- (g) A revocation resulting from habitual scribed in subsection (3) or (4) of this sec- offender status under ORS 809.640. tion. (h) A suspension resulting from any (2) Affirmative defenses to the offense crime punishable as a felony with proof of a described in this section are established un- material element involving the operation of der ORS 811.180. a motor vehicle, other than a crime described (3) The offense described in this section, in subsection (3) of this section. criminal driving while suspended or revoked, (i) A suspension for failure to perform is a Class B felony if the suspension or re- the duties of a driver under ORS 811.705. vocation resulted from any degree of murder, manslaughter, criminally negligent homicide (j) A suspension for reckless driving un- or assault resulting from the operation of a der ORS 811.140. motor vehicle, if the suspension or revoca- (k) A suspension for fleeing or attempting tion resulted from aggravated vehicular to elude a police officer under ORS 811.540. homicide or aggravated driving while sus- (L) A suspension or revocation resulting pended or revoked or if the revocation re- from misdemeanor driving while under the sulted from a conviction for felony driving influence of intoxicants under ORS 813.010. while under the influence of intoxicants. (m) A suspension for use of a commercial (4) The offense described in this section, motor vehicle in the commission of a crime criminal driving while suspended or revoked, punishable as a felony. is a Class A misdemeanor if the suspension or revocation is any of the following: (5) In addition to any other sentence that may be imposed, if a person is convicted of (a) A suspension under ORS 809.411 (2) the offense described in this section and the resulting from commission by the driver of underlying suspension resulted from driving any degree of recklessly endangering another while under the influence of intoxicants, the person, menacing or criminal mischief, re- court shall impose a minimum fine of at least sulting from the operation of a motor vehi- $1,000 if it is the person’s first conviction for cle. criminal driving while suspended or revoked (b) A revocation under ORS 809.409 (4) and a minimum fine of at least $2,000 if it is resulting from perjury or the making of a the person’s second or subsequent conviction. false affidavit to the Department of Trans- (6)(a) The Oregon Criminal Justice Com- portation. mission shall classify a violation of this sec- (c) A suspension under ORS 813.410 re- tion that is a felony as crime category 4 of sulting from refusal to take a test prescribed the rules of the commission. in ORS 813.100 or for taking a breath or (b) Notwithstanding paragraph (a) of this blood test the result of which discloses a subsection, the commission shall classify a blood alcohol content of: violation of this section that is a felony as (A) 0.08 percent or more by weight if the crime category 6 of the rules of the commis- person was not driving a commercial motor sion, if the suspension or revocation resulted vehicle; from:

Title 59 Page 265 (2013 Edition) 811.182 OREGON VEHICLE CODE

(A) Any degree of murder, manslaughter person’s blood under a statute that is substantially or criminally negligent homicide or an as- similar to ORS 813.100. sault that causes serious physical injury, re- (f) A suspension of a commercial driver license sulting from the operation of a motor under ORS 809.404. vehicle; or (g) A revocation resulting from habitual offender status under ORS 809.640. (B) Aggravated vehicular homicide or ag- (h) A suspension resulting from any crime punish- gravated driving while suspended or revoked. able as a felony with proof of a material element in- [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10; 1991 volving the operation of a motor vehicle, other than a c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 crime described in subsection (3) of this section. c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13; 2009 c.783 §14; (i) A suspension for failure to perform the duties 2011 c.597 §97; 2013 c.649 §3] of a driver under ORS 811.705. Note 1: The amendments to ORS 811.182 by section (j) A suspension for reckless driving under ORS 3, chapter 649, Oregon Laws 2013, apply to sentences 811.140. imposed on or after August 1, 2013, but do not apply to (k) A suspension for fleeing or attempting to elude certain persons originally sentenced before August 1, a police officer under ORS 811.540. 2013, and who are resentenced on or after August 1, 2013. See section 4, chapter 649, Oregon Laws 2013. The (L) A suspension or revocation resulting from mis- text that applies to sentences imposed before August 1, demeanor driving while under the influence of intox- 2013, and to certain persons resentenced on or after icants under ORS 813.010. August 1, 2013, is set forth for the user’s convenience. (m) A suspension for use of a commercial motor 811.182. (1) A person commits the offense of crimi- vehicle in the commission of a crime punishable as a nal driving while suspended or revoked if the person felony. violates ORS 811.175 and the suspension or revocation (5) In addition to any other sentence that may be is one described in this section, or if the hardship or imposed, if a person is convicted of the offense de- probationary permit violated is based upon a suspension scribed in this section and the underlying suspension or revocation described in subsection (3) or (4) of this resulted from driving while under the influence of in- section. toxicants, the court shall impose a minimum fine of at (2) Affirmative defenses to the offense described in least $1,000 if it is the person’s first conviction for this section are established under ORS 811.180. criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s sec- (3) The offense described in this section, criminal ond or subsequent conviction. driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree (6) The Oregon Criminal Justice Commission shall of murder, manslaughter, criminally negligent homicide classify a violation of this section that is a felony as or assault resulting from the operation of a motor ve- crime category 6 of the rules of the Oregon Criminal hicle, if the suspension or revocation resulted from ag- Justice Commission. gravated vehicular homicide or aggravated driving Note 2: Section 4, chapter 649, Oregon Laws 2013, while suspended or revoked or if the revocation resulted provides: from a conviction for felony driving while under the influence of intoxicants. Sec. 4. (1) The amendments to ORS 811.182 by sec- tion 3 of this 2013 Act apply to sentences imposed on (4) The offense described in this section, criminal or after August 1, 2013. driving while suspended or revoked, is a Class A mis- demeanor if the suspension or revocation is any of the (2) Notwithstanding subsection (1) of this section, following: the amendments to ORS 811.182 by section 3 of this 2013 Act do not apply to persons who were originally sen- (a) A suspension under ORS 809.411 (2) resulting tenced before August 1, 2013, and who are subsequently from commission by the driver of any degree of reck- resentenced on or after August 1, 2013, as the result of lessly endangering another person, menacing or crimi- an appellate decision or a post-conviction relief pro- nal mischief, resulting from the operation of a motor ceeding or for any other reason. [2013 c.649 §4] vehicle. Note 3: The amendments to 811.182 by section 26, (b) A revocation under ORS 809.409 (4) resulting chapter 237, Oregon Laws 2013, become operative July from perjury or the making of a false affidavit to the 8, 2015. See section 50, chapter 237, Oregon Laws 2013. Department of Transportation. The text that is operative on and after July 8, 2015, is (c) A suspension under ORS 813.410 resulting from set forth for the user’s convenience. refusal to take a test prescribed in ORS 813.100 or for 811.182. (1) A person commits the offense of crimi- taking a breath or blood test the result of which dis- nal driving while suspended or revoked if the person closes a blood alcohol content of: violates ORS 811.175 and the suspension or revocation (A) 0.08 percent or more by weight if the person is one described in this section, or if the hardship or was not driving a commercial motor vehicle; probationary permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this (B) 0.04 percent or more by weight if the person section. was driving a commercial motor vehicle; or (2) Affirmative defenses to the offense described in (C) Any amount if the person was under 21 years this section are established under ORS 811.180. of age. (3) The offense described in this section, criminal (d) A suspension of a commercial driver license driving while suspended or revoked, is a Class B felony under ORS 809.413 (1) resulting from failure to perform if the suspension or revocation resulted from any degree the duties of a driver under ORS 811.700 while driving of murder, manslaughter, criminally negligent homicide a commercial motor vehicle. or assault resulting from the operation of a motor ve- (e) A suspension of a commercial driver license hicle, if the suspension or revocation resulted from ag- under ORS 809.413 (12) where the person’s commercial gravated vehicular homicide or aggravated driving driving privileges have been suspended or revoked by while suspended or revoked or if the revocation resulted the other jurisdiction for failure of or refusal to take a from a conviction for felony driving while under the chemical test to determine the alcoholic content of the influence of intoxicants.

Title 59 Page 266 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.195

(4) The offense described in this section, criminal serious physical injury, resulting from the operation of driving while suspended or revoked, is a Class A mis- a motor vehicle; or demeanor if the suspension or revocation is any of the (B) Aggravated vehicular homicide or aggravated following: driving while suspended or revoked. (a) A suspension under ORS 809.411 (2) resulting 811.185 [1983 c.338 §600; 1985 c.16 §306; repealed by from commission by the driver of any degree of reck- 1991 c.208 §1] lessly endangering another person, menacing or crimi- nal mischief, resulting from the operation of a motor vehicle. DRIVER OFFENSES INVOLVING (b) A revocation under ORS 809.409 (4) resulting PASSENGERS from perjury or the making of a false affidavit to the Department of Transportation. 811.190 Operation with obstructing (c) A suspension under ORS 813.410 resulting from passenger; penalty. (1) A person commits refusal to take a test prescribed in ORS 813.100 or for the offense of driver operation with ob- taking a breath or blood test the result of which dis- structing passenger if the person is operating closes a blood alcohol content of: a vehicle when another person is in the (A) 0.08 percent or more by weight if the person operator’s lap or in the operator’s embrace. was not driving a commercial motor vehicle; (B) 0.04 percent or more by weight if the person (2) The offense described in this section, was driving a commercial motor vehicle; or driver operation with obstructing passenger, is a Class D traffic violation. [1983 c.338 §601; (C) Any amount if the person was under 21 years 1995 c.383 §50] of age. (d) A suspension of commercial driving privileges 811.193 Smoking in motor vehicle under ORS 809.510 resulting from failure to perform the when child is present; penalty. (1)(a) A duties of a driver under ORS 811.700. person commits the offense of smoking in a (e) A suspension of commercial driving privileges motor vehicle if the person smokes in a mo- under ORS 809.510 (6) where the person’s commercial tor vehicle while a person under 18 years of driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a age is in the motor vehicle. chemical test to determine the alcoholic content of the (b) As used in this subsection, “smokes” person’s blood under a statute that is substantially similar to ORS 813.100. means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, (f) A suspension of commercial driving privileges under ORS 809.520. regulated narcotic or other combustible sub- stance. (g) A revocation resulting from habitual offender status under ORS 809.640. (2) Notwithstanding ORS 810.410, a po- (h) A suspension resulting from any crime punish- lice officer may enforce this section only if able as a felony with proof of a material element in- the police officer has already stopped and volving the operation of a motor vehicle, other than a detained the driver operating the motor ve- crime described in subsection (3) of this section. hicle for a separate traffic violation or other (i) A suspension for failure to perform the duties offense. of a driver under ORS 811.705. (3) Smoking in a motor vehicle is a: (j) A suspension for reckless driving under ORS 811.140. (a) Class D traffic violation for a first of- (k) A suspension for fleeing or attempting to elude fense. a police officer under ORS 811.540. (b) Class C traffic violation for a second (L) A suspension or revocation resulting from mis- or subsequent offense. [2013 c.361 §2] demeanor driving while under the influence of intox- icants under ORS 813.010. Note: 811.193 was added to and made a part of the Oregon Vehicle Code by legislative action but was not (m) A suspension for use of a motor vehicle in the added to ORS chapter 811 or any series therein. See commission of a crime punishable as a felony. Preface to Oregon Revised Statutes for further explana- (5) In addition to any other sentence that may be tion. imposed, if a person is convicted of the offense de- scribed in this section and the underlying suspension 811.195 Having passenger in trailer; resulted from driving while under the influence of in- penalty. (1) A person commits the offense of toxicants, the court shall impose a minimum fine of at having a passenger in a trailer if the person least $1,000 if it is the person’s first conviction for operates a vehicle on a highway while tow- criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s sec- ing any type of trailer that contains a pas- ond or subsequent conviction. senger. (6)(a) The Oregon Criminal Justice Commission (2) This section does not apply if the shall classify a violation of this section that is a felony person is operating any of the following ve- as crime category 4 of the rules of the commission. hicles: (b) Notwithstanding paragraph (a) of this subsec- tion, the commission shall classify a violation of this (a) A commercial bus trailer. section that is a felony as crime category 6 of the rules (b) An independently steered trailer. of the commission, if the suspension or revocation re- sulted from: (c) A trailer towed with a fifth wheel (A) Any degree of murder, manslaughter or hitch if the trailer is equipped with all of the criminally negligent homicide or an assault that causes following:

Title 59 Page 267 (2013 Edition) 811.200 OREGON VEHICLE CODE

(A) Safety glazing materials that meet (ii) The minor has a hunting license. the standards established under ORS 815.040 (4) The offense described in this section, wherever there are windows or doors with carrying a minor on an external part of a windows on the vehicle. motor vehicle, is a Class B traffic violation. (B) An auditory or visual signaling de- [1983 c.338 §604; 1995 c.383 §53; 2003 c.107 §1] vice that a passenger inside the vehicle can 811.207 Legislative findings regarding use to gain the attention of the motor vehi- restraint of children in motor vehicles. cle driver towing the vehicle. The Legislative Assembly finds that: (C) At least one unobstructed exit capa- ble of being opened from both the interior (1) Oregon drivers look to the law in de- and exterior of the vehicle. ciding how to restrain and protect children in motor vehicles. (3) The offense described in this section, passenger in trailer, is a Class D traffic vio- (2) The proper restraint of children in lation. [1983 c.338 §602; 1985 c.16 §307; 1995 c.383 §51; motor vehicles will reduce the number of 2003 c.158 §7] children killed in motor vehicle accidents and reduce the severity of injuries to chil- 811.200 Carrying dog on external part dren who survive motor vehicle accidents. of vehicle; penalty. (1) A person commits [2007 c.601 §1] the offense of carrying a dog on the external Note: 811.207 was enacted into law by the Legisla- part of a vehicle if the person carries a dog tive Assembly but was not added to or made a part of upon the hood, fender, running board or the Oregon Vehicle Code or any chapter or series other external part of any automobile or therein by legislative action. See Preface to Oregon Re- truck that is upon a highway unless the dog vised Statutes for further explanation. is protected by framework, carrier or other 811.210 Failure to properly use safety device sufficient to keep it from falling from belts; penalty. (1)(a) Except as provided in the vehicle. ORS 811.215, a person commits the offense (2) The offense described in this section, of failure to properly use safety belts if the carrying dog on external part of vehicle, is person: a Class D traffic violation. [1983 c.338 §603; 1995 (A) Operates a motor vehicle on the c.383 §52] highways of this state and is not properly 811.205 Carrying minor on external secured with a safety belt or safety harness part of vehicle; penalty. (1) A person com- as required by subsection (2) of this section. mits the offense of carrying a minor on an (B) Is the parent, legal guardian or per- external part of a motor vehicle if the person son with legal responsibility for the safety carries any person under 18 years of age and welfare of a child who is under 16 years upon the hood, fender, running board or of age and the child, while operating on other external part of any motor vehicle that public lands a Class I, Class II or Class IV is upon a highway. all-terrain vehicle that is not registered un- (2) For purposes of this section, the open der ORS 803.420, is not properly secured with bed of a motor vehicle is an external part of a safety belt or safety harness. a motor vehicle. (C) Is the parent, legal guardian or per- (3) A person does not commit the offense son with legal responsibility for the safety described in this section if the person: and welfare of a child who is under 16 years (a) Is carrying a minor in the open bed of age and the child, while operating on of a motor vehicle and the minor is secured public lands a Class II all-terrain vehicle with a safety belt or safety harness that registered under ORS 803.420, is not properly complies with rules adopted under ORS secured with a safety belt or safety harness 815.055; as required by subsection (2) of this section. (b) Is operating the motor vehicle in an (D) Operates a motor vehicle on the organized parade; or highways of this state with a passenger who (c) Is carrying a minor who is seated on is under 16 years of age and the passenger is the floor of the open bed of a motor vehicle not properly secured with a child safety sys- in which all available passenger seats are tem, safety belt or safety harness as required occupied by minors, the tailgate is securely by subsection (2) of this section. closed and the minor is being transported: (E) Is the parent, legal guardian or per- (A) In the course and scope of employ- son with legal responsibility for the safety ment, provided that the minor is transported and welfare of a child who is under 16 years in compliance with law and rules regulating of age and the child, while riding on public the transport of workers; or lands in or on a Class I, Class II or Class IV (B)(i) Between a hunting camp and a all-terrain vehicle that is not registered un- hunting site or between hunting sites during der ORS 803.420, is not properly secured with hunting season; and a safety belt or safety harness.

Title 59 Page 268 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.215

(F) Is the parent, legal guardian or per- safety belt or safety harness that meets re- son with legal responsibility for the safety quirements under ORS 815.055. and welfare of a child who is under 16 years (e) Notwithstanding paragraphs (b) and of age and the child, while riding on public (c) of this subsection, a person who is eight lands in or on a Class II all-terrain vehicle years of age or older need not be secured registered under ORS 803.420, is not properly with a child safety system but must be prop- secured with a safety belt or safety harness erly secured with a safety belt or safety har- as required by subsection (2) of this section. ness that meets requirements under ORS (G) Is a passenger in a privately owned 815.055. commercial vehicle, as defined in ORS (3) The requirements of subsection (2)(c) 801.210, that is designed and used for the of this section do not apply: transportation of 15 or fewer persons, in- cluding the driver, and the person is 16 years (a) If the rear seat of a vehicle is not of age or older and is responsible for another equipped with shoulder belts, provided the passenger who is not properly secured with person is secured by a lap belt; or a child safety system as required under sub- (b) If the child is properly secured with section (2)(a), (b) or (c) of this section. a child safety system that meets the mini- (H) Is a passenger in a motor vehicle be- mum standards and specifications established ing operated on the highways of this state by the department under ORS 815.055 for who is 16 years of age or older and who is child safety systems designed for children not properly secured with a safety belt or weighing more than 40 pounds. safety harness as required by subsection (2) (4) The offense described in this section, of this section. failure to properly use safety belts, is a Class D traffic violation. [1985 c.16 §309; 1985 c.619 §1; (b) As used in this subsection, “public 1991 c.2 §1; 1993 c.153 §1; 1993 c.751 §112; 2001 c.679 §1; lands” includes privately owned land that is 2003 c.159 §1; 2005 c.244 §2; 2007 c.601 §2; 2009 c.498 §1; open to the general public for the use of all- 2010 c.30 §10; 2011 c.300 §1; 2011 c.360 §17] terrain vehicles as the result of funding from the All-Terrain Vehicle Account under ORS 811.215 Exemptions from safety belt 390.560. requirements. ORS 811.210 does not apply to: (2) To comply with this section: (1) Privately owned commercial vehicles (a) A person who is under one year of that are being used for the transportation of age, regardless of weight, or a person who persons for compensation or profit. The ex- weighs 20 pounds or less must be properly emption in this subsection does not apply to secured with a child safety system in a rear- any of the following: facing position. (a) Motor carriers, as defined in ORS (b) A person who weighs 40 pounds or 825.005, when operating in interstate com- less must be properly secured with a child merce. safety system that meets the minimum stan- (b) Vehicles designed and used for the dards and specifications established by the transportation of 15 or fewer persons, in- Department of Transportation under ORS cluding the driver, except that the operator 815.055 for child safety systems designed for of a vehicle described in this paragraph is children weighing 40 pounds or less. not required to: (c) Except as provided in subsection (3) (A) Be properly secured with a safety of this section, a person who weighs more belt or safety harness as required by ORS than 40 pounds and who is four feet nine 811.210 if the operator is a taxicab operator; inches or shorter must be properly secured or with a child safety system that elevates the person so that a safety belt or safety harness (B) Ensure that a passenger is properly properly fits the person. As used in this par- secured with a child safety system as de- agraph, “properly fits” means the lap belt of scribed in ORS 811.210 (2)(a), (b) or (c). the safety belt or safety harness is positioned (2) Any vehicle not required to be low across the thighs and the shoulder belt equipped with safety belts or safety har- is positioned over the collarbone and away nesses at the time the vehicle was manufac- from the neck. The child safety system shall tured, unless safety belts or safety harnesses meet the minimum standards and specifica- have been installed in the vehicle. tions established by the department under (3) Any vehicle exempted by ORS 815.080 ORS 815.055 for child safety systems de- from requirements to be equipped upon sale signed for children who are four feet nine with safety belts or safety harnesses. inches or shorter. (4) Any person for whom a certificate is (d) A person who is taller than four feet issued by the Department of Transportation nine inches must be properly secured with a under ORS 811.220.

Title 59 Page 269 (2013 Edition) 811.220 OREGON VEHICLE CODE

(5) Any person who is a passenger in a HIGHWAY WORK ZONES vehicle if all seating positions in the vehicle 811.230 Definitions; fine; notice. (1) As are occupied by other persons. used in ORS 811.230, 811.231, 811.232 and (6) Any person who is being transported 811.233: while in the custody of a police officer or (a) “Flagger” means a person who con- any law enforcement agency. trols the movement of vehicular traffic (7) Any person who is delivering newspa- through construction projects using sign, pers or mail in the regular course of work. hand or flag signals. (8) Any person who is riding in an am- (b) “Highway work zone” means an area bulance for the purpose of administering identified by advance warning where road medical aid to another person in the ambu- construction, repair or maintenance work is lance, if being secured by a safety belt or being done by highway workers on or adja- safety harness would substantially inhibit the cent to a highway, regardless of whether or administration of medical aid. not highway workers are actually present. As used in this paragraph, “road construc- (9) Any person who is reading utility tion, repair or maintenance work” includes, meters in the regular course of work. but is not limited to, the setting up and dis- (10) Any person who is employed to op- mantling of advance warning systems. erate a vehicle owned by a mass transit dis- (c) “Highway worker” means an em- trict while the vehicle is being used for the ployee of a government agency, private con- transportation of passengers in the public tractor or utility company working in a transportation system of the district. highway work zone. (11) Any person who is collecting solid (2)(a) The presumptive fine for a person waste or recyclable materials in the regular convicted of an offense that is listed in sub- course of work. [1985 c.619 §3; 1987 c.138 §3; 1991 section (3)(a) or (b) of this section and that c.2 §2; 1997 c.509 §3; 1999 c.1057 §4; 2003 c.589 §5; 2005 is committed in a highway work zone is the c.244 §1; 2005 c.770 §8; 2007 c.200 §1; 2007 c.601 §3] presumptive fine for the offense established 811.220 Certificates of exemption from under ORS 153.020. safety belt requirement. The Director of (b) The minimum fine for a person con- Transportation shall issue a certificate of victed of a misdemeanor offense that is listed exemption required under ORS 811.215 for in subsection (3)(c) to (g) of this section and any person on whose behalf a statement that is committed in a highway work zone is signed by a physician is presented to the 20 percent of the maximum fine established Department of Transportation. For a for the offense. physician’s statement to qualify under this (c) The minimum fine for a person con- section, the physician giving the statement victed of a felony offense that is listed in must set forth reasons in the statement why subsection (3)(c) to (g) of this section and use of a child safety system, safety belt or that is committed in a highway work zone is safety harness by the person would be im- two percent of the maximum fine established practical or harmful to the person by reason for the offense. of physical condition, medical problem or (3) This section applies to the following body size. [1985 c.16 §310; 1985 c.619 §4; 1991 c.2 §3; offenses if committed in a highway work 1995 c.79 §372; 2001 c.104 §306] zone: 811.225 Failure to maintain safety (a) Class A or Class B traffic violations. belts in working order; penalty. (1) The (b) Class C or Class D traffic violations registered owner of a motor vehicle commits related to exceeding a legal speed. the offense of failure of an owner to maintain safety belts in working order if: (c) Reckless driving, as defined in ORS 811.140. (a) The vehicle is equipped with safety belts or safety harnesses that meet the stan- (d) Driving while under the influence of dards established under ORS 815.055; and intoxicants, as defined in ORS 813.010. (b) The owner fails to maintain the safety (e) Failure to perform the duties of a belts or safety harnesses in a condition that driver involved in an accident or collision, will enable occupants of all seating positions as described in ORS 811.700 or 811.705. equipped with safety belts or safety har- (f) Criminal driving while suspended or nesses to use the belts or harnesses. revoked, as defined in ORS 811.182. (2) The offense described in this section, (g) Fleeing or attempting to elude a po- failure of an owner to maintain safety belts lice officer, as defined in ORS 811.540. in working order, is a Class C traffic vio- (4) When a highway work zone is cre- lation. [1991 c.2 §5; 1995 c.383 §118; 2003 c.158 §10] ated, the agency, contractor or company re-

Title 59 Page 270 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.255 sponsible for the work may post signs (c) If signs authorized by ORS 810.245 are designed to give motorists notice of the pro- posted, the minimum fine for a person con- visions of this section. [1995 c.253 §2; 1997 c.843 victed of a felony offense that is listed in §3; 1999 c.1051 §292; 2011 c.597 §114] subsection (2)(c) to (g) of this section and 811.231 Reckless endangerment of that is committed in a school zone is two highway workers; penalties. (1) A person percent of the maximum fine established for commits the offense of reckless endanger- the offense. ment of highway workers if the person drives (2) This section applies to the following a motor vehicle in a highway work zone in offenses if committed in a school zone: such a manner as to endanger persons or (a) Class A or Class B traffic violations. property or if the person removes, evades or intentionally strikes a traffic control device (b) Class C or Class D traffic violations in a highway work zone. related to exceeding a legal speed. (2) Reckless endangerment of highway (c) Reckless driving, as defined in ORS workers is a Class A misdemeanor. In addi- 811.140. tion to any other penalty, a person convicted (d) Driving while under the influence of of reckless endangerment of highway work- intoxicants, as defined in ORS 813.010. ers is subject to suspension of driving privi- (e) Failure to perform the duties of a leges as provided in ORS 809.411 (6). [1995 driver involved in an accident or collision, c.253 §3; 1997 c.83 §4; 2001 c.176 §7; 2003 c.402 §38] as described in ORS 811.700 or 811.705. 811.232 Refusing to obey flagger; pen- (f) Criminal driving while suspended or alty. (1) A person commits the offense of re- revoked, as defined in ORS 811.182. fusing to obey a flagger if the person intentionally and unreasonably disobeys a (g) Fleeing or attempting to elude a po- lawful order by a flagger relating to driving lice officer, as defined in ORS 811.540. a motor vehicle in a highway work zone. (3) For purposes of this section, a traffic (2) Refusing to obey a flagger is a Class offense occurs in a school zone if the offense A traffic violation. [1995 c.253 §4] occurs while the motor vehicle is in a school zone, notice of the school zone is indicated 811.233 Failure to yield right of way plainly by traffic control devices conforming to highway worker; penalty. (1) A person to the requirements established under ORS commits the offense of failure to yield the 810.200 and posted under authority granted right of way to a highway worker who is a by ORS 810.210 and: pedestrian if the person is operating a motor vehicle in a highway work zone and does not (a) Children are present as described in yield the right of way to a highway worker ORS 811.124; or who is a pedestrian. (b) A flashing light used as a traffic con- (2) The provisions of ORS 814.040 and trol device and operated under ORS 810.243 814.070 regarding pedestrians do not apply to indicates that children may be arriving at or pedestrians described in subsection (1) of this leaving school. [1997 c.682 §3; 1999 c.1051 §293; 2003 section. c.397 §9; 2011 c.597 §115] (3) The offense described in this section, GENERAL DRIVING RULES failure to yield the right of way to a highway worker who is a pedestrian, is a Class B (Generally) traffic violation. [1997 c.843 §2] 811.250 Law applicable to vehicles registered out of state. Any out-of-state SCHOOL ZONE PENALTIES registered vehicle is subject to all laws, rules and regulations governing the operation of 811.235 Fine for traffic offenses in such vehicles on the highways of this state. school zones. (1)(a) If signs authorized by [1983 c.338 §606; 1985 c.401 §15] ORS 810.245 are posted, the presumptive fine for a person charged with an offense that is 811.255 Permitting unlawful operation listed in subsection (2)(a) or (b) of this sec- of vehicle; penalty. (1) A person who is an tion and that is committed in a school zone owner, lessor or lessee of a motor vehicle or shall be the amount established under ORS who employs or otherwise directs the driver 153.020 for the offense. of a motor vehicle, commits the offense of permitting the unlawful operation of a vehi- (b) If signs authorized by ORS 810.245 are cle if the person knowingly permits or re- posted, the minimum fine for a person con- quires the operation of the vehicle in victed of a misdemeanor offense that is listed violation of any of the following: in subsection (2)(c) to (g) of this section and that is committed in a school zone is 20 per- (a) The rules of the road. cent of the maximum fine established for the (b) The laws governing equipment of mo- offense. tor vehicles.

Title 59 Page 271 (2013 Edition) 811.260 OREGON VEHICLE CODE

(c) The laws governing weight of motor near side of the intersection, or if there is vehicles. no marked crosswalk, then before entering (d) The laws governing operator driving the intersection. If a driver cannot stop in privileges. safety, the driver may drive cautiously through the intersection. (e) The laws governing registration or ti- tling of vehicles. (6) Steady yellow bicycle signal. A bicyclist facing a steady yellow bicycle signal (2) The offense described in this section, is thereby warned that the related right of permitting unlawful operation of a vehicle, is way is being terminated and that a red bicy- a Class B traffic violation. [1983 c.338 §607] cle signal will be shown immediately. A bicyclist facing a steady yellow bicycle signal (Traffic Control Devices) shall stop at a clearly marked stop line, but if none, shall stop before entering the 811.260 Appropriate driver responses marked crosswalk on the near side of the to traffic control devices. Except as pro- intersection, or if there is no marked cross- vided in ORS 811.265 (2), a driver is in vio- walk, then before entering the intersection. lation of ORS 811.265 if the driver makes a If a bicyclist cannot stop in safety, the response to traffic control devices that is not bicyclist may proceed cautiously through the permitted under the following: intersection. (1) Green signal. A driver facing a green (7) Steady circular red signal. A driver light may proceed straight through or turn facing a steady circular red signal light alone right or left unless a sign at that place pro- shall stop at a clearly marked stop line, but hibits either turn. A driver shall yield the if none, before entering the marked cross- right of way to other vehicles within the walk on the near side of the intersection, or intersection at the time the green light is if there is no marked crosswalk, then before shown. entering the intersection. The driver shall (2) Green arrow. A driver facing a green remain stopped until a green light is shown arrow signal light, shown alone or in combi- except when the driver is permitted to make nation with another signal, may cautiously a turn under ORS 811.360. enter the intersection only to make the (8) Steady red arrow signal. A driver fac- movement indicated by such arrow or such ing a steady red arrow signal, alone or in other movement as is permitted by other combination with other signal indications, signals shown at the same time. may not enter the intersection to make the (3) Green bicycle signal. A bicyclist fac- movement indicated by the red arrow signal. ing a green bicycle signal may proceed Unless entering the intersection to make straight through or turn right or left unless some other movement which is permitted by a sign at that place prohibits either turn. another signal, a driver facing a steady red The bicyclist shall yield the right of way to arrow signal shall stop at a clearly marked other vehicles within the intersection at the stop line, but if none, before entering the time the green bicycle signal is shown. marked crosswalk on the near side of the (4) Steady circular yellow signal. A intersection, or if there is no marked cross- driver facing a steady circular yellow signal walk, then before entering the intersection. light is thereby warned that the related right The vehicle shall remain stopped until a of way is being terminated and that a red or green light is shown except when the driver flashing red light will be shown immediately. is permitted to make a turn under ORS A driver facing the light shall stop at a 811.360. clearly marked stop line, but if none, shall (9) Steady red bicycle signal. A bicyclist stop before entering the marked crosswalk facing a steady red bicycle signal shall stop on the near side of the intersection, or if at a clearly marked stop line, but if none, there is no marked crosswalk, then before before entering the marked crosswalk on the entering the intersection. If a driver cannot near side of the intersection, or if there is stop in safety, the driver may drive cau- no marked crosswalk, then before entering tiously through the intersection. the intersection. The bicyclist shall remain (5) Steady yellow arrow signal. A driver stopped until a green bicycle signal is shown facing a steady yellow arrow signal, alone or except when the bicyclist is permitted to in combination with other signal indications, make a turn under ORS 811.360. is thereby warned that the related right of (10) Traffic control devices at places way is being terminated. Unless entering the other than intersections. If a traffic control intersection to make a movement permitted device that is a signal is erected and main- by another signal, a driver facing a steady tained at a place other than an intersection, yellow arrow signal shall stop at a clearly the provisions of this section relating to sig- marked stop line, but if none, shall stop be- nals shall be applicable. A required stop shall fore entering the marked crosswalk on the be made at a sign or marking on the roadway

Title 59 Page 272 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.275 indicating where the stop shall be made, but the intersection or approaching so closely as in the absence of such sign or marking the to constitute an immediate hazard during the stop shall be made at the signal. time when the driver is moving across or (11) Flashing red signal. When a driver within the intersection. approaches a flashing red light used in a (16) Yield signs. A driver approaching a traffic control device or with a traffic sign, yield sign shall slow the driver’s vehicle to the driver shall stop at a clearly marked stop a speed reasonable for the existing conditions line, but if none, before entering the marked and if necessary for safety, shall stop at a crosswalk on the near side of the inter- line as required for stop signs under this section, or if there is no marked crosswalk, section, and shall yield the right of way to then at the point nearest the intersecting any vehicles in the intersection or approach- roadway where the driver has a view of ap- ing so closely as to constitute an immediate proaching traffic on the intersecting roadway hazard. [1983 c.338 §609; 1989 c.539 §1; 1997 c.507 §6; before entering it. The right to proceed shall 2003 c.278 §6; 2011 c.168 §1] be subject to the rules applicable after mak- 811.265 Driver failure to obey traffic ing a stop at a stop sign. This subsection control device; penalty. (1) A person com- does not apply at railroad grade crossings. mits the offense of driver failure to obey a Conduct of a driver approaching a railroad traffic control device if the person drives a grade crossing is governed by ORS 811.455. vehicle and the person does any of the fol- (12) Flashing circular yellow signal. lowing: When a driver approaches a flashing circular (a) Fails to obey the directions of any yellow light used as a signal in a traffic traffic control device. control device or with a traffic sign, the driver may proceed through the intersection (b) Fails to obey any specific traffic con- or past the signal only with caution. This trol device described in ORS 811.260 in the subsection does not apply at railroad grade manner required by that section. crossings. Conduct of a driver approaching a (2) A person is not subject to this section railroad grade crossing is governed by ORS if the person is doing any of the following: 811.455. (a) Following the directions of a police (13) Flashing yellow arrow signal. A officer. driver facing a flashing yellow arrow signal, (b) Driving an emergency vehicle or am- alone or in combination with other signal bulance in accordance with the privileges indications, may cautiously enter the inter- granted those vehicles under ORS 820.300. section only to make the movement indicated by the flashing yellow arrow signal or the (c) Properly executing a turn on a red movement permitted by other signals shown light as authorized under ORS 811.360. at the same time. A driver shall yield the (d) Driving in a funeral procession led by right of way to other vehicles within the a funeral lead vehicle or under the direction intersection at the time the flashing yellow of the driver of a funeral escort vehicle. arrow signal is shown. In addition, a driver (3) The offense described in this section, turning left shall yield the right of way to driver failure to obey a traffic control device, other vehicles approaching from the opposite is a Class B traffic violation. [1983 c.338 §608; direction so closely as to constitute an im- 1991 c.482 §13] mediate hazard during the time when the turning vehicle is moving across or within 811.270 Failure to obey one-way desig- the intersection. nation; penalty. (1) A person commits the offense of failure to obey a one-way desig- (14) Lane direction control signals. When nation if the person is operating a vehicle lane direction control signals are placed over and the person proceeds upon a roadway the individual lanes of a highway, a person designated for one-way traffic in a direction may drive a vehicle in any lane over which other than that indicated by a traffic control a green signal light is shown, but may not device. enter or travel in any lane over which a red signal light is shown. (2) The offense described in this section, failure to obey a one-way designation, is a (15) Stop signs. A driver approaching a Class B traffic violation. [1983 c.338 §610] stop sign shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the inter- (Right of Way) section or, if there is no marked crosswalk, 811.275 Failure to yield right of way then at the point nearest the intersecting at uncontrolled intersection; penalty. (1) roadway where the driver has a view of ap- A person commits the offense of failure to proaching traffic on the intersecting roadway yield the right of way at an uncontrolled before entering it. After stopping, the driver intersection if the person is operating a mo- shall yield the right of way to any vehicle in tor vehicle that is approaching an uncon-

Title 59 Page 273 (2013 Edition) 811.277 OREGON VEHICLE CODE trolled highway intersection and the person entered or crossed so closely as to constitute does not look out for and give right of way an immediate hazard. to any driver on the right simultaneously (2) This section does not apply where the approaching a given point, regardless of movement of traffic is otherwise directed by which driver first reaches and enters the a traffic control device or a driver of a fu- intersection. neral escort vehicle. (2) This section is subject to the de- (3) The offense described in this section, scribed provisions of the following sections: failure of driver entering roadway to yield (a) The provisions of ORS 811.260, relat- right of way, is a Class B traffic violation. ing to stop signs and yield signs. [1983 c.338 §612; 1991 c.482 §14; 1995 c.383 §54] (b) The provisions of ORS 811.285, relat- 811.285 Failure of merging driver to ing to the requirements to yield the right of yield right of way; penalty. (1) A person way upon entering a freeway or other ar- commits the offense of failure of a merging terial highway. driver to yield the right of way if the person (c) The provisions of ORS 811.277, relat- is operating a vehicle that is entering a ing to the right of way at an uncontrolled T freeway or other arterial highway where an intersection. acceleration or merging lane is provided for the operator’s use and the operator does not (3) A person entering an intersection at look out for and give right of way to vehicles an unlawful speed shall forfeit any right of on the freeway or other arterial highway. way the person would otherwise have under subsection (1) of this section. (2) The offense described in this section, failure of a merging driver to yield the right (4) The offense described in this section, of way, is a Class B traffic violation. [1983 failure to yield right of way at an uncon- c.338 §613; 1995 c.383 §55] trolled intersection, is a Class B traffic vio- lation. [1983 c.338 §611; 1985 c.16 §311; 1987 c.138 §4; 811.290 Obstructing cross traffic; pen- 2003 c.183 §3] alty. (1) A person commits the offense of ob- structing cross traffic if the person is 811.277 Failure to yield right of way operating a vehicle and the person enters an at uncontrolled T intersection; penalty. intersection or a marked crosswalk when (1) A person commits the offense of failure there is not sufficient space on the other side to yield the right of way at an uncontrolled of the intersection or crosswalk to accom- T intersection if the person is operating a modate the vehicle without obstructing the motor vehicle on a highway that ends at an passage of other vehicles or pedestrians. uncontrolled T intersection and the person does not yield the right of way to any driver (2) The offense described in this section who is on the highway at the top of the T applies whether or not a traffic control de- intersection. vice indicates to proceed. (2) As used in this section and ORS (3) The offense described in this section, 811.275: obstructing cross traffic, is a Class D traffic (a) “T intersection” means an inter- violation. [1983 c.338 §614; 1995 c.383 §56] section at which one highway is perpendic- 811.292 Failure to yield right of way ular to another and at which one of the within roundabout; exception; penalty. (1) highways ends. A person commits the offense of failure to (b) “Top of the T intersection” means the yield right of way within a roundabout if the highway that does not end at the junction of person operates a motor vehicle upon a two highways. multilane circulatory roadway and: (3) The offense described in this section, (a) Overtakes or passes a commercial failure to yield the right of way at an un- motor vehicle; controlled T intersection, is a Class B traffic (b) Drives alongside a commercial motor violation. [2003 c.183 §2] vehicle; or 811.280 Failure of driver entering (c) Does not yield the right of way to a roadway to yield right of way; penalty. (1) second vehicle lawfully exiting the A person commits the offense of failure of a roundabout from a position ahead and to the driver entering a roadway to yield the right left of the person’s vehicle. of way if the person: (2) This section does not apply if a traffic (a) Is operating a vehicle that is about to control device indicates that the operator of enter or cross a roadway from any private a motor vehicle should take other action. road, driveway, alley or place other than an- other roadway; and (3) The offense described in this section, failure to yield right of way within a (b) Does not yield the right of way to any roundabout, is a Class C traffic violation. vehicle approaching on the roadway to be [2001 c.464 §5; 2011 c.85 §1]

Title 59 Page 274 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.310

Note: 811.292 was added to and made a part of the 811.305 Driving on left on curve or Oregon Vehicle Code by legislative action but was not grade or at intersection or rail crossing; added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explana- exceptions; penalty. (1) A person commits tion. the offense of driving on the left on a curve or grade or at an intersection or rail cross- ing if the person is operating a vehicle upon (Driving on the Right) any two-way roadway where traffic is per- 811.295 Failure to drive on right; ex- mitted to move in both directions simultane- ceptions; penalty. (1) A person commits the ously and the person drives on the left side offense of failure to drive on the right if the of the center of the roadway: person is operating a vehicle on a roadway (a) Upon any part of a grade or upon a of sufficient width and the person does not curve in the roadway where the driver’s view drive on the right half of the roadway. is obstructed for such a distance as to create (2) A person is not required to drive on a hazard in the event another vehicle might the right side of the roadway by this section approach from the opposite direction; under any of the following circumstances: (b) When approaching an intersection or (a) When overtaking and passing another railroad grade crossing where the driver’s vehicle proceeding in the same direction un- view is obstructed for such a distance as to der the rules governing this movement in create a hazard in the event another vehicle ORS 811.410 to 811.425 or 811.808. might approach from the opposite direction; (b) When preparing to turn left in an or intersection, alley or private road or (c) At any intersection or railroad grade driveway. crossing. (c) When an obstruction or condition ex- (2) This section does not prohibit a per- ists making it necessary to drive to the left son from driving on the left side of the cen- of the center of the roadway, provided that ter of a roadway under the following a driver doing so shall yield the right of way circumstances: to all vehicles traveling in the proper direc- (a) When the right half of the roadway is tion upon the unobstructed portion of the obstructed or closed to traffic while under roadway within a distance as to constitute construction or repair; or an immediate hazard. (b) When a driver makes a lawful left (d) Upon a roadway divided into three turn. marked lanes for traffic under the rules ap- plicable on the roadway under ORS 811.380. (3) The offense described in this section, driving on the left on a curve or grade or at (e) Upon a roadway restricted to one-way an intersection or rail crossing, is a Class B traffic. traffic violation. [1983 c.338 §617] (3) The offense described in this section, 811.310 Crossing center line on two- failure to drive on the right, is a Class B way, four-lane road; exceptions; penalty. traffic violation. [1983 c.338 §615; 1991 c.482 §15] (1) A person commits the offense of crossing 811.300 Failure to drive on right of the center line on a two-way, four-lane road approaching vehicle; exceptions; penalty. if the person is operating a vehicle on a (1) A person commits the offense of failure two-way roadway that has four or more lanes to drive on the right of an approaching vehi- for moving traffic and the person drives to cle if the person is operating a vehicle upon the left of the center line of the roadway. a roadway having width for not more than (2) A person is not prohibited from driv- one lane of traffic in each direction and the ing to the left of the center line of a roadway person does not: by this section under the following circum- (a) Pass to the right of any other vehicle stances: proceeding on the roadway in the opposite (a) When authorized by a traffic control direction; and device designating certain lanes to the left (b) Give to the other at least one-half of side of the center of the roadway for use by the main traveled portion of the roadway as traffic. nearly as possible. (b) When an obstruction or condition ex- (2) This section does not apply to a per- ists making it necessary to drive to the left son operating a vehicle as otherwise directed of the center of the roadway, provided that by a traffic control device. a driver doing so shall yield the right of way (3) The offense described in this section, to all vehicles traveling in the proper direc- failure to drive on the right of an approach- tion upon the unobstructed portion of the ing vehicle, is a Class B traffic violation. roadway within a distance as to constitute [1983 c.338 §616] an immediate hazard.

Title 59 Page 275 (2013 Edition) 811.315 OREGON VEHICLE CODE

(c) When making a left turn at an inter- tion. This subsection applies to all of the section, alley or private road or driveway. following vehicles: (3) The offense described in this section, (a) Any camper. crossing the center line on a two-way, four- (b) Any vehicle with a trailer. lane road, is a Class B traffic violation. [1983 c.338 §618] (c) Any vehicle with a registration weight of 10,000 pounds or more. 811.315 Failure of slow driver to drive on right; exceptions; penalty. (1) A person (2) This section does not require the de- commits the offense of failure of a slow scribed vehicles to be driven in the right driver to drive on the right if the person is lane under any of the following circum- operating a vehicle upon a roadway at less stances: than the normal speed of traffic at the time (a) When overtaking and passing another and place and under the conditions then ex- vehicle proceeding in the same direction un- isting and the person fails to drive: der the rules governing this movement in (a) In the right-hand lane available for ORS 811.410 to 811.425 when such movement traffic; or can be made without interfering with the passage of other vehicles. (b) As close as practicable to the right- hand curb or edge of the roadway. (b) When preparing to turn left. (2) This section does not apply under any (c) When reasonably necessary in re- of the following circumstances: sponse to emergency conditions. (a) When overtaking and passing another (d) To avoid actual or potential traffic vehicle proceeding in the same direction un- moving onto the right lane from an acceler- der the rules governing passing in ORS ation or merging lane. 811.410 to 811.425. (e) When necessary to follow traffic con- (b) When preparing to turn left at an trol devices that direct use of a lane other intersection, alley or private road or than the right lane. driveway. (3) The offense described in this section, (3) The offense described in this section, failure to keep camper, trailer or truck in failure of slow driver to drive on the right, the right lane, is a Class B traffic violation. is a Class B traffic violation. [1983 c.338 §619; [1983 c.338 §621; 1989 c.723 §18; 1995 c.383 §58; 2005 c.770 1995 c.383 §57] §7] 811.320 Failure to drive to right on 811.330 Driving wrong way around divided highway; exceptions; penalty. (1) traffic island; penalty. (1) A person com- A person commits the offense of failure to mits the offense of driving the wrong way drive to the right on a divided highway if the around a traffic island if the person is oper- person is operating a vehicle upon a highway ating a vehicle and the person drives the ve- divided into two or more roadways by means hicle around a rotary traffic island in any of an intervening space or by a physical bar- direction except to the right of the island. rier or clearly indicated dividing section so (2) The offense described in this section, constructed as to impede vehicular traffic driving the wrong way around a traffic is- and the person does not drive only upon the land, is a Class B traffic violation. [1983 c.338 right-hand roadway. §622] (2) This section does not apply if a person is operating a vehicle in accordance with (Turning) traffic control devices or the directions of a 811.335 Unlawful or unsignaled turn; police officer that differ from the require- penalty. (1) A person commits the offense of ments of this section. making an unlawful or unsignaled turn if the (3) The offense described in this section, person is operating a vehicle upon a highway failure to drive to the right on a divided and the person turns the vehicle right or left highway, is a Class B traffic violation. [1983 when: c.338 §620] (a) The movement cannot be made with 811.325 Failure to keep camper, trailer reasonable safety; or or truck in right lane; exceptions; pen- alty. (1) A person commits the offense of (b) The person fails to give an appropri- failure to keep a camper, trailer or truck in ate signal continuously during not less than the right lane if the person is operating any the last 100 feet traveled by the vehicle be- of the vehicles described in this subsection fore turning. and the person does not drive in the right (2) Appropriate signals for use while lane of all roadways having two or more turning are as designated under ORS 811.395 lanes for traffic proceeding in a single direc- and 811.400.

Title 59 Page 276 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.360

(3) The offense described in this section, 811.350 Dangerous left turn; penalty. making an unlawful or unsignaled turn, is a (1) A person commits the offense of making Class D traffic violation. [1983 c.338 §623; 1995 a dangerous left turn if the person: c.383 §59] (a) Is operating a vehicle; 811.340 Improperly executed left turn; (b) Intends to turn the vehicle to the left penalty. (1) A person commits the offense of within an intersection or into an alley, pri- making an improperly executed left turn if vate road, driveway or place from a highway; the person operates a vehicle and is intend- and ing to turn the vehicle to the left and the person does not: (c) Does not yield the right of way to a vehicle approaching from the opposite direc- (a) Approach the turn in the extreme tion that is within the intersection or so left-hand lane lawfully available to traffic close as to constitute an immediate hazard. moving in the direction of travel of the turning vehicle; (2) The offense described in this section, dangerous left turn, is a Class B traffic vio- (b) Make the left turn to the left of the lation. [1983 c.338 §626; 1985 c.16 §313] center of the intersection whenever practi- cable; and 811.355 Improperly executed right (c) Except as otherwise allowed by ORS turn; penalty. (1) A person commits the of- 811.346, leave the intersection or other lo- fense of making an improperly executed right cation in the extreme left-hand lane lawfully turn if the person is operating a vehicle, is available to traffic moving in the same di- intending to turn the vehicle to the right and rection as such vehicle on the roadway being does not proceed as close as practicable to entered. the right-hand curb or edge of the roadway: (2) The offense described in this section, (a) In making the approach for a right improperly executing a left turn, is a Class turn; and B traffic violation. [1983 c.338 §624; 1985 c.16 §312; (b) In making the right turn. 1995 c.383 §60; 1997 c.468 §3] (2) The offense described in this section, 811.345 Failure to use special left turn improperly executed right turn, is a Class B lane; penalty. (1) A person commits the of- traffic violation. [1983 c.338 §627; 1995 c.383 §62] fense of failure to use a special left turn lane if the person is operating a vehicle where a 811.360 When vehicle turn permitted special lane for making left turns by drivers at stop light; improper turn at stop light; proceeding in opposite directions has been penalty. (1) The driver of a vehicle, subject indicated by traffic control devices and the to this section, who is intending to turn at person turns the vehicle left from any other an intersection where there is a traffic con- lane. trol device showing a steady circular red signal, a steady red bicycle signal or a steady (2) The offense described in this section, red arrow signal may do any of the following failure to use special left turn lane, is a without violating ORS 811.260 and 811.265: Class B traffic violation. [1983 c.338 §625; 1995 c.383 §61] (a) Make a right turn into a two-way street. 811.346 Misuse of special left turn lane; penalty. (1) A person commits the of- (b) Make a right or left turn into a one- fense of misuse of a special left turn lane if way street in the direction of traffic upon the the person uses a special left turn lane for one-way street. anything other than making a left turn ei- (2) A person commits the offense of im- ther into or from the special left turn lane. proper turn at a stop light if the person does (2) A person who turns into a special left any of the following while making a turn turn lane from an alley, driveway or other described in this section: entrance to the highway that has the special (a) Fails to stop at the light as required. left turn lane is in violation of this section if the person does anything other than stop (b) Fails to exercise care to avoid an ac- in the lane and merge into traffic in the lane cident. immediately to the right of the person’s ve- (c) Disobeys the directions of a traffic hicle. control device or a police officer that pro- (3) As used in ORS 811.345 and this sec- hibits the turn. tion, a “special left turn lane” is a median (d) Fails to yield the right of way to lane that is marked for left turns by drivers traffic lawfully within the intersection or proceeding in opposite directions. approaching so close as to constitute an im- (4) The offense described in this section, mediate hazard. misuse of a special left turn lane, is a Class (3) A driver who is making a turn de- B traffic violation. [1997 c.468 §2] scribed in this section is also subject to the

Title 59 Page 277 (2013 Edition) 811.365 OREGON VEHICLE CODE

requirements under ORS 811.028 to stop for 811.375 Unlawful or unsignaled change a pedestrian while making the turn. of lane; penalty. (1) A person commits the (4) The offense described in this section, offense of unlawful or unsignaled change of improper turn at a stop light, is a Class B lanes if the person is operating a vehicle upon a highway and the person changes traffic violation. [1983 c.338 §628; 1997 c.507 §7; 2003 c.278 §7; 2005 c.746 §3; 2011 c.168 §2] lanes by moving to the right or left upon the highway when: 811.365 Illegal U-turn; penalty. (1) A (a) The movement cannot be made with person commits the offense of making an il- reasonable safety; or legal U-turn if the person is operating a ve- hicle and the person turns the vehicle so as (b) The driver fails to give an appropriate to proceed in the opposite direction in any signal continuously during not less than the of the following places: last 100 feet traveled by the vehicle before changing lanes. (a) Within an intersection where traffic is controlled by an electrical signal. This (2) Appropriate signals for use while paragraph does not apply where posted oth- changing lanes are as designated under ORS erwise. 811.395 and 811.400. (b) Upon a highway within the limits of (3) The offense described in this section, an incorporated city between intersections. unlawful or unsignaled change of lane, is a Class D traffic violation. [1983 c.338 §631; 1995 (c) At any place upon a highway where c.383 §64] the vehicle cannot be seen by another driver 811.380 Improper use of center lane on approaching from either direction within a three-lane road; penalty. (1) A person distance of: commits the offense of improper use of the (A) 500 feet within the incorporated lim- center lane on a three-lane road if the person its of a city; or is operating a vehicle upon a roadway di- vided into three clearly marked lanes for (B) 1,000 feet outside a city. traffic with two-way movement of traffic (2) The offense described in this section, permitted on the roadway and the person illegal U-turn, is a Class C traffic violation operates the vehicle in the center lane under unless commission of the offense contributes any circumstances other than as permitted to an accident. If commission of the offense under the following: contributes to an accident, the offense is a (a) The driver may drive in the center Class B traffic violation. [1983 c.338 §629; 1995 lane when the center lane is allocated ex- c.383 §63] clusively to traffic moving in the same di- rection that the driver is proceeding by a (Lane Use) traffic control device directing the lane allo- cation. 811.370 Failure to drive within lane; exception; penalty. (1) Except as provided (b) The driver may drive in the center in subsection (2) of this section, a person lane when the driver is overtaking and pass- commits the offense of failure to drive within ing a vehicle proceeding in the same direc- a lane if the person is operating a vehicle tion and the center lane is clear of traffic upon a roadway that is divided into two or within a safe distance. more clearly marked lanes for traffic and the (c) The driver may drive in the center driver does not: lane when making a left turn. (a) Operate the vehicle as nearly as (2) The offense described in this section, practicable entirely within a single lane; and improper use of center lane on three-lane road, is a Class B traffic violation. [1983 c.338 (b) Refrain from moving from that lane §632] until the driver has first made certain that the movement can be made with safety. 811.385 Depriving motorcycle or moped of full lane; penalty. (1) A person (2) A person who operates a commercial commits the offense of depriving a motorcy- motor vehicle within a multilane roundabout cle or moped of a full lane if the person op- that is divided into two or more clearly erates a motor vehicle upon a roadway laned marked lanes for traffic may operate the for traffic in a manner that prevents a moped commercial motor vehicle in more than one operator or motorcyclist from full use of a lane when it is not practicable to remain lane. entirely within one lane. (2) This section does not apply to opera- (3) The offense described in this section, tors of motorcycles or mopeds whose use of failure to drive within a lane, is a Class B lanes is controlled by ORS 814.240 and traffic violation. [1983 c.338 §630; 2011 c.85 §2] 814.250.

Title 59 Page 278 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.410

(3) The offense described in this section, commits the offense of failure to use an ap- depriving a motorcycle or moped of a full propriate signal for a turn, lane change or lane, is a Class B traffic violation. [1983 c.338 stop or for an exit from a roundabout if the §685] person does not make the appropriate signal under ORS 811.395 by use of signal lamps or (Signaling) hand signals and the person is operating a 811.390 Unlawful use of lights to sig- vehicle that is: nal for passing; penalty. (1) A person com- (a) Turning, changing lanes, stopping or mits the offense of unlawful use of lights to suddenly decelerating; or signal for passing if the person is operating (b) Exiting from any position within a a vehicle and the person flashes any lights roundabout. as a courtesy or “do pass” signal to other drivers approaching from the rear. (2) This section does not authorize the use of only hand signals to signal a turn, (2) The offense described in this section, change of lane, stop or deceleration when the unlawful use of lights to signal for passing, use of signal lights is required under ORS is a Class D traffic violation. [1983 c.338 §633; 1995 c.383 §65] 811.405. 811.395 Appropriate signals for stop- (3) The offense described in this section, ping, turning, changing lanes and decel- failure to use appropriate signal for a turn, erating. This section establishes appropriate lane change or stop or for an exit from a roundabout, is a Class B traffic violation. signals, for purposes of the vehicle code, for [1983 c.338 §634; 1995 c.383 §66; 2001 c.464 §6] use when signals are required while stop- ping, turning, changing lanes or suddenly 811.405 Failure to signal with lights; decelerating a vehicle. This section does not exceptions; penalty. (1) A person commits authorize the use of only hand and arm sig- the offense of failure to signal with lights nals when the use of signal lights is required when required if a person is operating a ve- under ORS 811.405. Vehicle lighting equip- hicle and does not use the vehicle lighting ment described in this section is vehicle equipment described under ORS 811.395 to lighting equipment for which standards are signal when turning, changing lanes, stop- established under ORS 816.100 and 816.120. ping or suddenly decelerating under any of Appropriate signals are as follows: the following circumstances: (1) To indicate a left turn either of the (a) During limited visibility conditions. following: (b) At any time the person is operating (a) Hand and arm extended horizontally a vehicle or combination of vehicles in which from the left side of the vehicle. the distance from the center of the top of the (b) Activation of front and rear turn sig- steering post to the left outside limit of the nal lights on the left side of the vehicle. body, cab or load of the vehicle is greater than 24 inches. (2) To indicate a right turn either of the following: (c) At any time the person is operating a vehicle or combination of vehicles in which (a) Hand and arm extended upward from the distance from the center of the top of the the left side of the vehicle. A person who is steering post to the rear limit of the body or operating a bicycle is not in violation of this load is greater than 14 feet. paragraph if the person signals a right turn by extending the person’s right hand and arm (2) This section does not require the horizontally. driver of a moped or bicycle that is not equipped with lighting equipment to use (b) Activation of front and rear turn sig- lighting equipment when required by this nal lights on the right side of the vehicle. section. A driver of such moped or bicycle (3) To indicate a stop or a decrease in shall signal by means of appropriate hand speed either of the following: and arm signals described under ORS 811.395 (a) Hand and arm extended downward without violation of this section. from the left side of the vehicle; or (3) The offense described in this section, (b) Activation of brake lights on the ve- failure to signal with lights when required, hicle. is a Class D traffic violation. [1983 c.338 §636; 1985 c.16 §315; 1995 c.383 §67] (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 (Passing) lane is made. [1983 c.338 §635; 1985 c.16 §314] 811.410 Unsafe passing on left; pen- 811.400 Failure to use appropriate sig- alty. (1) A person commits the offense of nal for turn, lane change, stop or exit unsafe passing on the left if the person vio- from roundabout; penalty. (1) A person lates any of the following requirements con-

Title 59 Page 279 (2013 Edition) 811.415 OREGON VEHICLE CODE cerning the overtaking and passing of (B) The paved portion of the highway is vehicles: of sufficient width to allow two or more (a) The driver of a vehicle that is over- lanes of vehicles to proceed lawfully in the taking any other vehicle proceeding in the same direction as the overtaking vehicle; and same direction shall pass to the left of the (C) The roadway ahead of the overtaking other vehicle at a safe distance and shall not vehicle is unobstructed for a sufficient dis- again drive to the right side of the roadway tance to permit passage by the overtaking until safely clear of the overtaken vehicle. vehicle to be made in safety. (b) Except when overtaking and passing (b) Overtaking and passing upon the on the right is permitted under ORS 811.415, right is permitted if the overtaken vehicle is the driver of an overtaken vehicle shall give proceeding along a roadway in the left lane way to the right in favor of an overtaking of two or more clearly marked lanes allo- vehicle and shall not increase the speed of cated exclusively to vehicular traffic moving the overtaken vehicle until completely in the same direction as the overtaking passed by the overtaking vehicle. driver. (c) The driver of a vehicle shall not drive (c) Overtaking and passing upon the to the left side of the center of the roadway right is permitted if the overtaking vehicle in overtaking and passing a vehicle proceed- is a bicycle that may safely make the passage ing in the same direction unless the left side under the existing conditions. is clearly visible and is free of oncoming (3) The offense described in this section, traffic for a sufficient distance ahead to per- unsafe passing on the right, is a Class B mit the overtaking and passing to be com- traffic violation. [1983 c.338 §638; 1987 c.158 §169; pleted without interfering with the operation 2005 c.316 §1] of a vehicle approaching from the opposite 811.420 Passing in no passing zone; direction or a vehicle overtaken. exceptions; penalty. (1) A person commits (d) An overtaking vehicle shall return to the offense of passing in a no passing zone an authorized lane of traffic as soon as prac- if the person drives a vehicle on the left side ticable. of a roadway in a no passing zone that has (2) This section does not authorize driv- been established and designated to prohibit ing on the left side of the center of the road such movements by appropriate signs or when prohibited under the following: markings posted on the roadway. (a) Limitations on driving on the left of (2) The authority to establish and post no the center of a roadway under ORS 811.305. passing zones for purposes of this section is established under ORS 810.120. (b) Passing in a no passing zone under ORS 811.420. (3) The provisions of this section do not apply under any of the following circum- (c) ORS 811.295, 811.300 and 811.310 to stances: 811.325 that require driving on the right. (a) When a driver turns left into or from (3) The offense described in this section, an alley, intersection, private road or unsafe passing on the left, is a Class B traffic driveway. violation. [1983 c.338 §637; 1987 c.158 §168a] (b) When an obstruction or condition ex- 811.415 Unsafe passing on right; pen- ists making it necessary to drive to the left alty. (1) A person commits the offense of of the center of the roadway provided that a unsafe passing on the right if the person: driver doing so shall yield the right of way to all vehicles traveling in the proper direc- (a) Drives a vehicle to overtake and pass tion upon the unobstructed portion of the upon the right of another vehicle at any time roadway within a distance that would con- not permitted under this section. stitute an immediate hazard. (b) Drives a vehicle to overtake and pass (4) The offense described in this section, upon the right of another vehicle at any time passing in a no passing zone, is a Class B by driving off the paved portion of the high- traffic violation. [1983 c.338 §639; 1985 c.16 §316] way. 811.425 Failure of slower driver to (2) For purposes of this section, a person yield to overtaking vehicle; penalty. (1) A may drive a vehicle to overtake and pass person commits the offense of failure of a upon the right of another vehicle under any slower driver to yield to overtaking vehicle of the following circumstances: if the person is driving a vehicle and the (a) Overtaking and passing upon the person fails to move the person’s vehicle off right is permitted if: the main traveled portion of the highway (A) The overtaken vehicle is making or into an area sufficient for safe turnout when: the driver has signaled an intention to make (a) The driver of the overtaken vehicle is a left turn; proceeding at a speed less than a speed es-

Title 59 Page 280 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.450 tablished in ORS 811.105 as prima facie evi- 811.440 When motor vehicles may op- dence of violation of the basic speed rule; erate on bicycle lane. This section provides (b) The driver of the overtaking vehicle exemptions from the prohibitions under ORS is proceeding at a speed in conformity with 811.435 and 814.210 against operating motor ORS 811.105; vehicles on bicycle lanes and paths. The fol- lowing vehicles are not subject to ORS (c) The highway is a two directional, 811.435 and 814.210 under the circumstances two-lane highway; and described: (d) There is no clear lane for passing (1) A person may operate a moped on a available to the driver of the overtaking ve- bicycle lane that is immediately adjacent to hicle. the roadway only while the moped is being (2) This section does not apply to the exclusively powered by human power. driver of a vehicle in a funeral procession. (2) A person may operate a motor vehicle (3) The offense described in this section, upon a bicycle lane when: failure of a slower driver to yield to over- (a) Making a turn; taking vehicle, is a Class B traffic violation. [1983 c.338 §640; 1991 c.482 §16; 1995 c.383 §68; 2001 c.104 (b) Entering or leaving an alley, private §307; 2003 c.819 §15] road or driveway; or (c) Required in the course of official (Prohibited Places) duty. 811.430 Driving on highway divider; (3) An implement of husbandry may mo- exceptions; penalty. (1) A person commits mentarily cross into a bicycle lane to permit the offense of driving on a highway divider other vehicles to overtake and pass the im- if the person drives a vehicle over, across or plement of husbandry. within a dividing space, barrier or section (4) A person may operate a motorized that is an intervening space, physical barrier wheelchair on a bicycle lane or path. or clearly indicated dividing section so con- structed as to impede vehicular traffic and (5) A person may operate a motor as- that divides a highway into two or more sisted scooter on a bicycle lane or path. roadways. (6) A person may operate an electric (2) For purposes of this section, a “divid- personal assistive mobility device on a bicy- ing space” includes pavement markings of cle lane or path. [1983 c.338 §645; 1991 c.417 §1; 2001 solid double yellow lines with yellow cross- c.749 §24; 2003 c.341 §8] hatching between the double yellow lines. 811.445 Use of throughway when pro- (3) This section does not apply when the hibited; penalty. (1) A person commits the movement of a vehicle that is otherwise pro- offense of use of a throughway when prohib- hibited by this section is made: ited if any use restrictions or prohibitions are posted by appropriate signs giving notice (a) At an authorized crossover or inter- thereof and the person violates any re- section; or striction or prohibition so posted. (b) At the specific direction of a road (2) The authority to impose restrictions authority. and prohibitions for purposes of this section (4) The offense described in this section, is granted under ORS 810.020. driving on a highway divider, is a Class B (3) The offense described in this section, traffic violation. [1983 c.338 §642; 2011 c.330 §25] use of throughway when prohibited, is a 811.435 Operation of motor vehicle on Class D traffic violation. [1983 c.338 §646; 1995 bicycle trail; exemptions; penalty. (1) A c.383 §69] person commits the offense of operation of a 811.450 Violation of posted truck motor vehicle on a bicycle trail if the person routes; defense; penalty. (1) A person com- operates a motor vehicle upon a bicycle lane mits the offense of violation of posted truck or a bicycle path. routes if appropriate signs designating truck (2) Exemptions to this section are pro- routes are posted and the person does not vided under ORS 811.440. operate a vehicle in compliance with the posted requirements. (3) This section is not applicable to mopeds. ORS 811.440 and 814.210 control the (2) Authority to establish and change operation and use of mopeds on bicycle lanes truck routes for purposes of this section is and paths. established in ORS 810.040. (4) The offense described in this section, (3) It is a defense to a charge of violation operation of a motor vehicle on a bicycle of this section if the person so charged can trail, is a Class B traffic violation. [1983 c.338 establish that the person could not reach the §643] person’s destination without traveling upon

Title 59 Page 281 (2013 Edition) 811.455 OREGON VEHICLE CODE

the street, road or highway prohibited under marked stop line, not less than 15 feet nor the posted requirements. more than 50 feet from the nearest rail of the (4) The offense described in this section, railroad or rail fixed guideway system. violation of posted truck routes, is a Class (b) While so stopped, listening and look- B traffic violation. [1983 c.338 §647; 1985 c.393 §39; ing in both directions along the tracks for 1995 c.383 §70] approaching trains or rail fixed guideway system vehicles and for signals indicating (Rail Crossings) approaching trains or rail fixed guideway system vehicles. 811.455 Failure to stop for railroad signal; penalty. (1) A person commits the (c) Proceeding across the tracks after offense of failure to stop for a railroad signal stopping only when such movement can be if the person fails to comply with any of the performed safely in the gear of the motor following requirements: vehicle that does not require manually changing gears while proceeding. (a) A person who is driving a vehicle must stop the vehicle at a clearly marked (d) Proceeding across the tracks without stop line on the near side of a railroad manually changing gears. crossing or, if there is no clearly marked (2) This section applies to the following stop line, not less than 15 feet nor more than vehicles when moved across railroad or rail 50 feet from the nearest rail of the crossing fixed guideway system tracks: under any of the following circumstances: (a) A school bus. (A) When a clearly visible electric or (b) A school activity vehicle with a mechanical signal is given by a device that loaded weight of 10,000 pounds or more. warns of the immediate approach of a rail- road train. (c) A worker transport bus. (B) Upon the lowering of a crossing gate. (d) Any bus operated for transporting children to and from church or an activity (C) When a signal given by a flagger or or function authorized by a church. police officer indicates the approach or pas- sage of a railroad train. (e) Any vehicle used in the transporta- tion of persons for hire by a nonprofit entity (D) When an approaching train is clearly as provided under ORS 825.017 (9). visible and because of its nearness to the crossing is an immediate hazard. (f) A commercial bus. (E) When an audible signal is given by (g) A motor vehicle carrying as a cargo an approaching railroad train because its or part of a cargo any explosive substance, speed or nearness to the crossing is an im- inflammable liquids, corrosives or similar mediate hazard. substances or any cargo that the Department of Transportation determines to be hazard- (b) A driver who has stopped for the ous. For purposes of this paragraph, the de- passing of a train at a railroad grade cross- partment may only determine a substance to ing in accordance with the provisions of this be hazardous by rule. Any rules adopted by section shall not proceed across the railroad the department to determine hazardous sub- tracks until the driver can do so safely. stances must be consistent with substances (c) A person shall not drive any vehicle classified as hazardous by the United States through, around or under a crossing gate or Secretary of Transportation. barrier at a railroad crossing while the gate (h) A tank vehicle, whether loaded or or barrier is closed or is being opened or empty, used for the transportation of any closed. hazardous material. (2) The offense described in this section, (3) Exemptions to this section are pro- failure to stop for a railroad signal, is a vided under ORS 811.465. Class B traffic violation. [1983 c.338 §648; 1985 c.16 §317; 1995 c.383 §71; 1997 c.249 §232; 2001 c.492 §3] (4) The offense described in this section, failure to follow rail crossing procedures for 811.460 Failure to follow rail crossing high-risk vehicles, is a Class B traffic vio- procedures for high-risk vehicles; appli- lation. [1983 c.338 §649; 1985 c.16 §318; 1985 c.420 §9; cation; penalty. (1) A person commits the 1989 c.992 §20; 1995 c.383 §72; 1995 c.733 §49; 2001 c.104 offense of failure to follow rail crossing pro- §308; 2001 c.492 §4; 2001 c.522 §5] cedures for high-risk vehicles if the person 811.462 Failure of operator of com- takes any vehicle described in this section mercial motor vehicle to slow down and across any railroad or rail fixed guideway check tracks; penalty. (1) A person com- system tracks at grade without doing all of mits the offense of failure of the operator of the following: a commercial motor vehicle to slow down (a) Stopping the vehicle at a clearly and check that tracks are clear of an ap- marked stop line or, if there is not a clearly proaching train if the person:

Title 59 Page 282 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.470

(a) Is operating a commercial motor ve- (b) Tank vehicles, whether loaded or hicle that is not required by ORS 811.460 to empty, used to transport hazardous materi- stop before reaching a rail crossing; als; (b) Is approaching a rail crossing at (c) Vehicles transporting any hazardous grade; and material requiring the vehicle to be plac- (c) Fails to slow down and check that the arded; or tracks are clear of an approaching train be- (d) High-risk vehicles described in ORS fore proceeding across the railroad tracks. 811.460 that are not otherwise described in this subsection, when operating in interstate (2) The offense described in this section, commerce. failure of the operator of a commercial motor vehicle to slow down and check that tracks (7) Except when a train or rail fixed are clear of an approaching train, is a Class guideway system vehicle is approaching, the B traffic violation. [2001 c.492 §7] driver of a commercial bus is not required to stop at crossings where the Department of 811.465 Exemptions from high-risk ve- Transportation has determined and plainly hicle rail crossing procedures. This section marked that no stop need be made. [1983 c.338 establishes exemptions from the special §650; 1985 c.420 §10; 2001 c.522 §6; 2003 c.589 §6; 2009 crossing procedures established for high-risk c.551 §2] vehicles under ORS 811.460. The exemptions 811.470 Improper movement of heavy are partial or complete as described in the equipment across rail crossing; applica- following: tion; penalty. (1) A person commits the of- (1) The vehicles are not required to com- fense of improper movement of heavy ply with the procedures at a crossing of a equipment across a rail crossing if the per- street or highway and rail fixed guideway son operates or moves any equipment de- system tracks if: scribed in this section upon or across any tracks at a railroad or rail fixed guideway (a) The rail fixed guideway system vehi- system grade crossing without complying cles operate within and parallel to the right with any of the following: of way of a street or highway; and (a) Before moving across the tracks, the (b) All vehicle movements are controlled person must give notice of an intended by traffic control devices. crossing to a responsible officer of the rail- (2) The vehicles are not required to com- road or rail fixed guideway system in time ply with the procedures when crossing any for protection to be given. railway tracks upon which operation has (b) Where the railroad or rail fixed been abandoned and for which the Depart- guideway system has provided a flagger, the ment of Transportation has plainly marked person operating or moving such equipment that no stop need be made. shall obey the direction of the flagger. (3) The vehicles are not required to com- (c) The person operating or moving such ply with the procedures when crossing in- equipment must do all of the following: dustry track crossings across which train (A) The person must stop before making operations are required by law to be con- the crossing at a clearly marked line or, if ducted under flag protection. there is no clearly marked line, not less than (4) The vehicles are not required to com- 15 feet nor more than 50 feet from the near- est rail. ply with the procedures when crossing in- dustry track crossings within business (B) While so stopped, the person must districts. look and listen in both directions along the tracks for approaching trains. (5) Vehicles are not required to comply with the procedures when crossing any (C) The person shall not proceed across crossing where an officer directs traffic to the tracks unless the crossing can be made proceed or where an operating traffic control safely. signal indicates that other traffic may pro- (2) This section applies to the operation ceed. of movement across railroad or rail fixed (6) Vehicles are not required to comply guideway system tracks of any crawler-type with the procedures when crossing any tractor, steam shovel, derrick, roller or any crossing protected by crossing gates. The ex- equipment or structure having a normal op- emption under this subsection does not apply erating speed of 10 miles per hour or less or a vertical body or load clearance of less than to: one-half inch per foot of the distance be- (a) School buses or school activity vehi- tween any two adjacent axles or in any event cles that are required to stop at crossings of less than nine inches, measured above the with crossing gates under ORS 811.460; level surface of a roadway.

Title 59 Page 283 (2013 Edition) 811.475 OREGON VEHICLE CODE

(3) The offense described in this section, (c) The minimum fine for a person con- improper movement of heavy equipment victed of a felony offense that is listed in across a rail crossing, is a Class B traffic vi- subsection (3)(c) to (g) of this section and olation. [1983 c.338 §651; 1985 c.16 §319; 1995 c.383 §73; that is committed in a safety corridor is two 1997 c.249 §233; 2001 c.522 §7] percent of the maximum fine established for 811.475 Obstructing rail crossing; pen- the offense. alty. (1) A person commits the offense of ob- (3) This section applies to the following structing a rail crossing if the person is offenses if committed in the designated safety operating a vehicle and the person does ei- corridors: ther of the following: (a) Class A or Class B traffic violations. (a) Drives onto any railroad or rail fixed (b) Class C or Class D traffic violations guideway system grade crossing when there related to exceeding a legal speed. is not sufficient space on the other side of (c) Reckless driving, as defined in ORS the railroad or rail fixed guideway system 811.140. grade crossing to accommodate the vehicle the person is operating without obstructing (d) Driving while under the influence of the passage of other vehicles, pedestrians, intoxicants, as defined in ORS 813.010. railroad trains or rail fixed guideway system (e) Failure to perform the duties of a vehicles; or driver involved in an accident or collision, (b) While driving a commercial motor as described in ORS 811.700 or 811.705. vehicle, fails to negotiate the rail crossing (f) Criminal driving while suspended or because of insufficient undercarriage clear- revoked, as defined in ORS 811.182. ance. (g) Fleeing or attempting to elude a po- (2) The offense described in this section lice officer, as defined in ORS 811.540. [1999 is applicable whether or not a traffic control c.1071 §5; 1999 c.1071 §5a; 2001 c.421 §1; 2003 c.100 §3; device indicates to proceed. 2007 c.124 §1; 2011 c.597 §116] (3) The offense described in this section, 811.485 Following too closely; penalty. obstructing rail crossings, is a Class B traffic (1) A person commits the offense of following violation. [1983 c.338 §652; 1995 c.383 §74; 2001 c.492 too closely if the person does any of the fol- §5; 2001 c.522 §8] lowing: (a) Drives a motor vehicle so as to follow (Miscellaneous) another vehicle more closely than is reason- able and prudent, having due regard for the 811.480 Illegal backing; penalty. (1) A speed of the vehicles and the traffic upon, person commits the offense of illegal backing and condition of, the highway. if the person backs a vehicle the person is (b) Drives a truck, commercial bus or driving when it is not safe to do so or when motor vehicle drawing another vehicle when it causes interference with other traffic upon traveling upon a roadway outside of a busi- a highway. ness or residence district or upon a freeway (2) The offense described in this section, within the corporate limits of a city and fol- illegal backing, is a Class D traffic violation. lows another truck, commercial bus or motor [1983 c.338 §653; 1995 c.383 §75] vehicle drawing another vehicle without, 811.483 Safety corridors; penalty. (1) when conditions permit, leaving sufficient The Department of Transportation shall post space so that an overtaking vehicle may en- signs in safety corridors chosen by the de- ter and occupy the space without danger. partment indicating that fines for traffic of- This paragraph does not prevent a truck, fenses committed in those safety corridors commercial bus or motor vehicle drawing will be doubled. another vehicle from overtaking and passing a vehicle or combination of vehicles. (2)(a) The presumptive fine for a person (c) Drives a motor vehicle when traveling charged with an offense that is listed in sub- upon a roadway outside of a business or res- section (3)(a) or (b) of this section and that idence district or upon a freeway within the is committed in a safety corridor chosen by corporate limits of a city in a caravan or the department under subsection (1) of this motorcade whether or not towing another section shall be the amount established un- vehicle without operating the vehicle so as der ORS 153.020. to leave sufficient space between vehicles to (b) The minimum fine for a person con- enable a vehicle to enter and occupy the victed of a misdemeanor offense that is listed space without danger. in subsection (3)(c) to (g) of this section and (2) This section does not apply in the that is committed in a safety corridor is 20 case of a funeral procession. Except for the percent of the maximum fine established for funeral lead vehicle, vehicles participating in the offense. a funeral procession shall follow the preced-

Title 59 Page 284 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.507 ing vehicle as closely as is reasonable and (2) Appropriate signals for the purpose of safe. this section are as designated under ORS (3) The offense described in this section, 811.395 and 811.400. following too closely, is a Class B traffic vi- (3) The offense described in this section, olation. [1983 c.338 §654; 1991 c.482 §20; 2007 c.794 §5] unlawful stop or deceleration, is a Class B traffic violation. [1983 c.338 §657; 1995 c.383 §77] 811.490 Improper opening or leaving open of vehicle door; penalty. (1) A person 811.505 Failure to stop when emerging commits the offense of improper opening or from alley, driveway or building; penalty. leaving open a vehicle door if the person (1) A person commits the offense of failure does any of the following: to stop when emerging from an alley, driveway or building if the person is operat- (a) Opens any door of a vehicle unless ing a vehicle that is emerging from an alley, and until it is reasonably safe to do so and building, private road or driveway in a busi- it can be done without interference with the ness or residence district and the person movement of traffic, or with pedestrians and does not stop the vehicle as follows: bicycles on sidewalks or shoulders. (a) If there is a sidewalk or sidewalk (b) Leaves a door open on the side of a area, the person must stop the vehicle before vehicle available to traffic, or to pedestrians driving onto the sidewalk or sidewalk area. or bicycles on sidewalks or shoulders for a (b) If there is no sidewalk or sidewalk period of time longer than necessary to load area, the person must stop at the point or unload passengers. nearest the roadway to be entered where the (2) The offense described in this section, driver has a view of approaching traffic. improper opening or leaving open a vehicle (2) The offense described in this section, door, is a Class D traffic violation. [1983 c.338 failure to stop when emerging from an alley, §655; 1985 c.16 §320] driveway or building, is a Class B traffic vi- 811.492 Engine braking; penalty; ex- olation. [1983 c.338 §658; 1985 c.16 §322; 1995 c.383 §78] ception. (1) A person commits the offense of 811.507 Operating motor vehicle while engine braking if the person is operating a using mobile communication device; ex- motor vehicle on a highway and uses an ceptions; penalty. (1) As used in this sec- unmuffled engine brake. tion: (2) The offense described in this section, (a) “Hands-free accessory” means an at- engine braking, is a Class A traffic violation. tachment or built-in feature for or an addi- tion to a mobile communication device, (3) A person is not in violation of this whether or not permanently installed in a section if the person uses an unmuffled en- motor vehicle, that when used allows a per- gine brake in an emergency situation to son to maintain both hands on the steering avoid imminent danger to a person or to wheel. property. [1993 c.314 §7] (b) “Mobile communication device” 811.495 Unlawful coasting on down- means a text messaging device or a wireless, grade; exception; penalty. (1) A person two-way communication device designed to commits the offense of unlawful coasting on receive and transmit voice or text commu- a downgrade if the person is the driver of a nication. vehicle on a downgrade and the person (2) A person commits the offense of op- coasts with the gears or transmission of the erating a motor vehicle while using a mobile motor vehicle in neutral or with the clutch communication device if the person, while disengaged. operating a motor vehicle on a highway, uses (2) This section does not apply to the a mobile communication device. driver of a motorized bicycle. (3) This section does not apply to a per- (3) The offense described in this section, son who activates or deactivates a mobile unlawful coasting on a downgrade, is a Class communication device or a function of the D traffic violation. [1983 c.338 §656; 1985 c.16 §321; device or who uses the device for voice com- 1995 c.383 §76] munication if the person: 811.500 Unlawful stop or deceleration; (a) Is summoning medical or other emer- penalty. (1) A person commits the offense of gency help if no other person in the vehicle unlawful stop or deceleration if the person is is capable of summoning help; operating a vehicle and the person stops or (b) Is using a mobile communication de- suddenly decreases the speed of the vehicle vice for the purpose of farming or agricul- without first giving an appropriate signal to tural operations; the driver immediately to the rear when (c) Is operating an ambulance or emer- there is opportunity to give the signal. gency vehicle;

Title 59 Page 285 (2013 Edition) 811.510 OREGON VEHICLE CODE

(d) Is 18 years of age or older and is us- (b) If a person riding or leading livestock ing a hands-free accessory; upon a highway gives a distress signal to an (e) Is operating a motor vehicle while approaching driver by raising a hand, the providing public safety services or emergency driver must promptly stop the driver’s vehi- services; cle, unless movement forward is necessary to avoid an accident, and, if requested, shall (f) Is operating a motor vehicle while turn off the engine until the livestock is un- acting in the scope of the person’s employ- der control. ment as a public safety officer, as defined in ORS 348.270; (c) A driver shall yield the right of way to livestock being driven on a highway. (g) Is operating a tow vehicle or roadside assistance vehicle while acting in the scope (2) This section is only applicable if the of the person’s employment; livestock is an animal of the species of horses, mules, donkeys, cattle, swine, sheep (h) Holds a valid amateur radio operator or goats. license issued or any other license issued by the Federal Communications Commission (3) The offense described in this section, and is operating an amateur radio; dangerous operation around livestock, is a Class B traffic violation. [1983 c.338 §666] (i) Is operating a two-way radio device that transmits radio communication trans- 811.512 Unlawfully operating low- mitted by a station operating on an author- speed vehicle on highway; penalty. (1) A ized frequency within the citizens’ or family person commits the offense of unlawfully op- radio service bands in accordance with rules erating a low-speed vehicle on a highway if of the Federal Communications Commission; the person operates a low-speed vehicle on a (j) Is operating a vehicle owned or con- highway that has a speed limit or posted tracted by a utility for the purpose of in- speed of more than 35 miles per hour. stalling, repairing, maintaining, operating or (2) Notwithstanding subsection (1) of this upgrading utility service, including but not section, a city or county may adopt an ordi- limited to natural gas, electricity, water or nance allowing operation of low-speed vehi- telecommunications, while acting in the cles on city streets or county roads that have scope of the person’s employment; or speed limits or posted speeds of more than (k) Is using a function of the mobile 35 miles per hour. communication device that allows for only (3) The offense described in this section, one-way voice communication while the per- unlawfully operating a low-speed vehicle on son is: a highway, is a Class B traffic violation. [2001 c.293 §8] (A) Operating a motor vehicle in the scope of the person’s employment; 811.513 Unlawfully operating medium- speed electric vehicle on highway; pen- (B) Providing transit services; or alty. (1) A person commits the offense of (C) Participating in public safety or unlawfully operating a medium-speed electric emergency service activities. vehicle on a highway if the person operates (4) The offense described in this section, a medium-speed electric vehicle on a high- operating a motor vehicle while using a mo- way with a posted speed limit that is greater bile communication device, is a Class C traf- than 45 miles per hour. fic violation. (2) Notwithstanding subsection (1) of this (5) The Department of Transportation section, a city or county may adopt an ordi- shall place signs on state highways to notify nance allowing operation of medium-speed drivers that violation of this section is sub- electric vehicles on city streets or county ject to a maximum fine of $500. [2007 c.870 §2; roads that have speed limits or posted speeds 2009 c.834 §1; 2011 c.530 §1; 2013 c.757 §1] of more than 45 miles per hour. Note: 811.507 was added to and made a part of the (3) The offense described in this section, Oregon Vehicle Code by legislative action but was not unlawfully operating a medium-speed electric added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explana- vehicle on a highway, is a Class B traffic vi- tion. olation. [2009 c.865 §13] Note: 811.513 was added to and made a part of the 811.510 Dangerous operation around Oregon Vehicle Code by legislative action but was not livestock; penalty. (1) A person commits the added to ORS chapter 811 or any series therein. See offense of dangerous operation around live- Preface to Oregon Revised Statutes for further explana- stock if the person is operating a vehicle tion. upon a highway and the person fails to do 811.514 Unlawfully operating racing any of the following: activity vehicle on highway; penalty. (1) (a) A driver shall use caution when ap- A person commits the offense of unlawfully proaching or passing a person riding, leading operating a racing activity vehicle on a or herding livestock on the highway. highway if the person operates a racing ac-

Title 59 Page 286 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.515 tivity vehicle on a highway that has a speed (5) Tow vehicle warning lights on tow limit or posted speed that is greater than 55 vehicles shall be activated when the tow ve- miles per hour. hicles are engaged in connecting with other (2) The offense described in this section, vehicles and drawing such vehicles onto unlawfully operating a racing activity vehi- highways or while servicing disabled vehi- cle on a highway, is a Class B traffic vio- cles. lation. [2007 c.693 §3c] (6) When limited visibility conditions ex- Note: 811.514 was added to and made a part of the ist a person shall use a distribution of light Oregon Vehicle Code by legislative action but was not or composite beam that is directed suffi- added to ORS chapter 811 or any series therein. See ciently high and that is of such intensity so Preface to Oregon Revised Statutes for further explana- tion. as to reveal persons and vehicles on the highway at a safe distance in advance of the vehicle. A person violates this subsection if USE OF LIGHTS AND WARNINGS the person does not comply with the follow- (Lights) ing: 811.515 When lights must be dis- (a) Whenever the driver of a vehicle ap- played; kind of light; number; direction; proaches an oncoming vehicle within 500 use on certain vehicles. This section estab- feet, the driver must use a distribution of lishes requirements for ORS 811.520. Except light or composite beam so aimed that the where an exemption under ORS 811.525 spe- glaring rays are not projected into the eyes cifically provides otherwise, a vehicle that of the oncoming driver. The use of the low does not comply with this section is in vio- beams of the vehicle headlight system is in lation of ORS 811.520. Where specific types compliance with this paragraph at all times of lighting equipment are mentioned in this regardless of road contour and loading of the section, those types are types described in vehicle. ORS 816.040 to 816.290. The requirements (b) Except when in the act of overtaking under this section are as follows: or passing, a driver of a vehicle following (1) Subject to any other provision of this another vehicle within 350 feet to the rear section, any lighting equipment a vehicle is must use the low beams of the vehicle head- required to be equipped with under ORS light system. 816.040 to 816.290 must be displayed when (7) When a vehicle is upon a highway a the vehicle is upon a highway within this person shall light not more than a total of state at any time limited visibility conditions four lights at any one time that are mounted exist. The provisions of this subsection apply on the front of a vehicle and that each proj- during the times stated when the required ects a beam of intensity greater than 300 visibility is measured on a straight, level un- candlepower. lighted highway. (8)(a) A light, other than a headlight, (2) Parking lights and lights other than that projects a beam of light of an intensity clearance, identification and marker lights greater than 300 candlepower shall not be that are mounted on the front of a vehicle operated on a vehicle: and are designed to be displayed primarily (A) Unless the beam is so directed that when the vehicle is parked shall not be no part of the high intensity portion of the lighted when a vehicle is driven upon a beam will strike the level of the roadway on highway at times when limited visibility which the vehicle stands at a distance of conditions exist except when: more than 75 feet from the vehicle; or (a) The lights are being used as turn sig- (B) Except as provided in paragraph (b) nals; or of this subsection, when use of the low (b) The headlights are also lighted at the beams of the vehicle headlight system is re- same time. quired under subsection (6) of this section. (3) Any vehicle parked or stopped upon (b) Notwithstanding paragraph (a)(B) of a roadway or shoulder adjacent thereto, this subsection, a light, other than a head- whether attended or unattended, during light, may be lighted on a motorcycle pro- times when limited visibility conditions exist vided that the intensity of the light does not must display parking lights. exceed the intensity of the low beams of the (4) All vehicles not specifically required headlight system. A motorcycle may not be by ORS 816.320 to be equipped with lighting operated with more than two lights, other equipment shall at times when limited visi- than headlights, under this paragraph. bility conditions exist display exempt-vehicle (9) A spotlight shall not be lighted upon safety lighting equipment. This section in- approaching another vehicle unless the spot- cludes, but is not limited to, animal drawn light is so aimed and used so that no part of vehicles and vehicles exempted from required the high-intensity portion of the beam will lighting equipment under ORS 816.340. be directed to the left of the prolongation of

Title 59 Page 287 (2013 Edition) 811.520 OREGON VEHICLE CODE

the extreme left side of the vehicle upon (15) A pilot vehicle warning light may be which it is mounted, more than 100 feet activated only when the vehicle equipped ahead of the vehicle. with the light is an escort accompanying a (10) Auxiliary lights mounted higher than motor vehicle carrying or towing a load of a 54 inches shall not be lighted when the ve- size or description not permitted under ORS hicle is used on a highway. 818.020, 818.060, 818.090 or 818.160. (11) A back-up light shall not be lighted (16) Fire company warning lights author- when the vehicle is in forward motion. ized under a permit granted under ORS 818.250 may be used by the persons author- (12) Bus safety lights shall only be oper- ized under the permit while being driven to ated in accordance with the following: a fire station or fire location in response to (a) The lights may be operated when the a fire alarm. Fire company warning lights vehicle is stopping or has stopped for the authorized under ORS 811.800 may be used purpose of loading or unloading students who by funeral escort vehicle or funeral lead ve- are going to or from any school or authorized hicle drivers while driving in a funeral proc- school activity or function. ession. The lights shall be covered or (b) The lights may be operated when the otherwise concealed when not being dis- vehicle is stopping or has stopped for the played as provided in this subsection. purpose of loading or unloading workers (17) Any lighted headlights upon a from worker transport buses. parked vehicle shall be dimmed. (c) The lights may be operated when the (18) Commercial vehicle warning lights vehicle is stopping or has stopped for the may be used only: purpose of loading or unloading children be- ing transported to or from religious services (a) To warn operators of other vehicles or an activity or function authorized by a of the presence of a traffic hazard requiring religious organization. the exercise of unusual care in approaching, (d) The lights may be operated when the overtaking or passing the commercial vehi- vehicle is stopping or has stopped in a place cle; and that obstructs other drivers’ ability to see (b) When the commercial vehicle is being the bus safety lights on another vehicle. used for commercial purposes and the vehicle (e) Notwithstanding any other paragraph is: of this subsection, the lights shall not be op- (A) Stopped, parked or left standing at a erated if the vehicle is stopping or has commercial or work site; or stopped at an intersection where traffic is controlled by electrical traffic control sig- (B) In a highway work zone as defined in nals, other than flashing signals, or by a po- ORS 811.230. [1983 c.338 §660; 1985 c.71 §7; 1989 c.402 lice officer. §1; 1991 c.482 §19; 2003 c.118 §2; 2003 c.245 §1] (f) Notwithstanding any other paragraph 811.520 Unlawful use or failure to use of this subsection, the lights shall not be op- lights; penalty. (1) A person commits the erated if the vehicle is stopping or has offense of unlawful use or failure to use stopped at a loading or unloading area where lights if the person does any of the following: the vehicle is completely off the roadway. (a) Drives or moves on any highway any (13)(a) Hazard lights shall be used for the vehicle at a time when vehicle lighting is purpose of warning the operators of other required to be operated or is prohibited from vehicles of the presence of a vehicular traffic being operated under ORS 811.515 and oper- hazard requiring the exercise of unusual care ates or fails to operate lighting equipment as in approaching, overtaking or passing. required under ORS 811.515. (b) Hazard lights shall be used by the (b) Owns a vehicle or combination of ve- first and last vehicles in a funeral proc- hicles and causes or knowingly permits the ession. vehicle or combination of vehicles to be (14) Mail delivery lights may be used driven or moved on any highway at a time only while in active service transporting when ORS 811.515 requires or prohibits the United States mail for the purpose of warn- operation of vehicle lighting equipment ing other vehicle operators of the vehicle’s without compliance with the requirements presence and to exercise caution in ap- under ORS 811.515. proaching, overtaking or passing. A vehicle (c) Drives any vehicle in a funeral proc- with mail delivery lights is in compliance ession without using the low beam head- with this subsection if the lights are flashed continuously while the vehicle is in motion lights. in active service transporting mail or if the (2) The application of this section is sub- lights are actuated by application of the ser- ject to the exemptions from this section es- vice brake while the vehicle is parked. tablished under ORS 811.525.

Title 59 Page 288 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.530

(3) The offense described in this section, (a) Public vehicle warning lights. unlawful use of or failure to use lights, is a (b) Pilot vehicle warning lights. Class B traffic violation, except that vio- lation of ORS 811.515 (3), (4), (13) or (17) or (c) Tow vehicle warning lights. subsection (1)(c) of this section is a Class D (d) Police lights. traffic violation. [1983 c.338 §659; 1985 c.16 §323; (e) Warning lights on vehicles at the 1991 c.482 §21; 1995 c.383 §21] scene of an actual or potential release of 811.525 Exemptions from require- hazardous materials, as described in ORS ments for use of lights. This section estab- 816.280. lishes exemptions from ORS 811.515 and (f) Warning lights on vehicles being used 811.520. The exemptions under this section by medical examiners to reach the scene of are in addition to any exemptions under ORS an accident or of a death investigation, as 801.026. The exemptions established under described in ORS 816.280. this section are partial or complete as de- scribed in the following: (g) Commercial vehicle warning lights. (1) ORS 811.515 and 811.520 shall not be (7) Requirements for use of motorcycle construed to prohibit the use of additional and moped headlights are under ORS 814.320. parts and accessories on any vehicle not in- (8) Requirements for lighting equipment consistent with the provisions of those for an electric personal assistive mobility sections. 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; (2) Except for the provisions relating to 2003 c.341 §9] exempt-vehicle safety lighting equipment, ORS 811.515 and 811.520 do not apply to any 811.526 Safety campaign for use of of the following: headlights. The Department of Transporta- tion shall conduct a safety campaign to edu- (a) Road machinery. cate people about the advantages of using (b) Road rollers. headlights in fog or rain or when driving on (c) Farm tractors. a single lane highway. The campaign shall include, but need not be limited to, encour- (d) Antique motor vehicles that are aging people to drive with headlights on un- maintained as a collector’s item and used for der the specified conditions. [1997 c.464 §1] exhibitions, parades, club activities and simi- Note: 811.526 was enacted into law by the Legisla- lar uses, but not used primarily for the tive Assembly but was not added to or made a part of transportation of persons or property. the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Re- (3) Whenever motor and other vehicles vised Statutes for further explanation. are operated in combination during the time that lights are required, any lighting equip- ment, except the taillight, which by reason (Flares) of its location on a vehicle of the combina- 811.530 Failure to post warnings for tion would be obscured by another vehicle disabled vehicle; application; penalty. (1) of the combination, need not be lighted. This A person commits the offense of failure to subsection shall not affect the requirement post warnings for a disabled vehicle if the that lighted clearance lights be displayed on person is the driver, or other person in the front of the foremost vehicle required to charge of a vehicle subject to this section, have clearance lights nor the requirement and the person does not cause the placement that all lights on the rear of the rearmost of such roadside vehicle warning devices as vehicle of the combination be lighted. the Department of Transportation may re- (4) Lighting equipment on bicycles shall quire under ORS 815.035 when the vehicle is be lighted as required under ORS 815.280. disabled during limited visibility conditions and cannot immediately be removed from the (5) Parked or stopped vehicles are not main traveled portion of a highway outside required to display parking lights if the road of a business district or residence district. authority for the highway provides by ordi- nance or resolution that no lights need be (2) This section applies only to the fol- displayed upon a vehicle parked on the high- lowing vehicles: way in accordance with legal parking regu- (a) School buses. lations where there is sufficient light to (b) School activity vehicles. render clearly discernible any person or ob- ject within a distance of 500 feet from the (c) Worker transport buses. highway. (d) Vehicles used in transportation of (6) Nothing under ORS 811.515 and persons for hire by a nonprofit entity as pro- 811.520 limits the ability to use the following vided in ORS 825.017 (9). lights with any other lights during the day (e) A bus being operated for transporting or at night: children to and from religious services or an

Title 59 Page 289 (2013 Edition) 811.535 OREGON VEHICLE CODE activity or function authorized by the reli- cer, is applicable upon any premises open to gious organization. the public and: (f) Commercial buses. (a) Is a Class C felony if committed as (g) Motor trucks with a registration described in subsection (1)(b)(A) of this sec- weight in excess of 8,000 pounds. tion; or (h) Trailers with a registration weight in (b) Is a Class A misdemeanor if commit- excess of 8,000 pounds. ted as described in subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991 c.655 §1; 1997 c.532 §1; (3) Requirements to be equipped with 1997 c.860 §1] roadside vehicle warning devices are con- tained in ORS 815.285. PARKING, STOPPING AND STANDING (4) The offense described in this section, (Generally) failure to post warnings for a disabled vehi- cle, is a Class B traffic violation. [1983 c.338 811.550 Places where stopping, stand- §662; 1985 c.16 §325; 1985 c.420 §11; 1989 c.992 §21] ing and parking prohibited. This section establishes places where stopping, standing OBEYING POLICE and parking a vehicle are prohibited for pur- poses of the penalties under ORS 811.555. 811.535 Failing to obey police officer; Except as provided under an exemption in penalty. (1) A person commits the offense of ORS 811.560, a person is in violation of ORS failing to obey a police officer if the person 811.555 if a person parks, stops or leaves refuses or fails to comply with any lawful standing a vehicle in any of the following order, signal or direction of a police officer places: who: (1) Upon a roadway outside a business (a) Is displaying the police officer’s star district or residence district, whether at- or badge; and tended or unattended, when it is practicable (b) Has lawful authority to direct, control to stop, park or leave the vehicle standing or regulate traffic. off the roadway. Exemptions under ORS (2) The offense described in this section, 811.560 (1), (7) and (9) are applicable to this failing to obey a police officer, is a Class B subsection. traffic violation. [1983 c.338 §663; 1995 c.383 §79] (2) On a shoulder, whether attended or 811.540 Fleeing or attempting to elude unattended, unless a clear and unobstructed police officer; penalty. (1) A person com- width of the roadway opposite the standing mits the crime of fleeing or attempting to vehicle is left for the passage of other vehi- elude a police officer if: cles and the standing vehicle is visible from a distance of 200 feet in each direction upon (a) The person is operating a motor vehi- the roadway or the person, at least 200 feet cle; and in each direction upon the roadway, warns (b) A police officer who is in uniform and approaching motorists of the standing vehicle prominently displaying the police officer’s by use of flaggers, flags, signs or other sig- badge of office or operating a vehicle appro- nals. Exemptions under ORS 811.560 (9) are priately marked showing it to be an official applicable to this subsection. police vehicle gives a visual or audible signal (3) On the roadway side of a vehicle to bring the vehicle to a stop, including any stopped or parked at the edge or curb of a signal by hand, voice, emergency light or si- highway. Exemptions under ORS 811.560 (7) ren, and either: are applicable to this subsection. (A) The person, while still in the vehicle, (4) On a sidewalk. Exemptions under knowingly flees or attempts to elude a pur- ORS 811.560 (4) to (7) are applicable to this suing police officer; or subsection. (B) The person gets out of the vehicle (5) Within an intersection. Exemptions and knowingly flees or attempts to elude the under ORS 811.560 (4) to (7) are applicable police officer. to this subsection. (2) It is an affirmative defense to a pros- (6) On a crosswalk. Exemptions under ecution of a person under this section that, ORS 811.560 (4) to (7) are applicable to this after a police officer operating a vehicle not subsection. marked as an official police vehicle signaled (7) Between a safety zone and the adja- the person to bring the person’s vehicle to a cent curb or within 30 feet of points on the stop, the person proceeded lawfully to an curb immediately opposite the ends of a area the person reasonably believed was safety zone, unless a different length is indi- necessary to reach before stopping. cated by signs and markings. For purposes (3) The offense described in this section, of this subsection the safety zone must be an fleeing or attempting to elude a police offi- area or space officially set apart within a

Title 59 Page 290 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.560 roadway for the exclusive use of pedestrians under ORS 811.560 (2) and (4) to (7) are ap- and which is protected or is so marked or plicable to this subsection. indicated by adequate signs as to be plainly (20) At any place where traffic control visible at all times while set apart as a safety devices prohibit standing. Exemptions under zone. Exemptions under ORS 811.560 (4) to ORS 811.560 (2) and (4) to (7) are applicable (7) are applicable to this subsection. to this subsection. (8) Alongside or opposite a street exca- (21) Within 50 feet of the nearest rail of vation or obstruction when stopping, stand- a railroad or rail fixed guideway system ing or parking would obstruct traffic. crossing. Exemptions under ORS 811.560 (3) Exemptions under ORS 811.560 (4) to (7) are to (7) are applicable to this subsection. applicable to this subsection. (22) At any place where traffic control (9) Upon a bridge or other elevated devices prohibit parking. Exemptions under structure upon a highway. Exemptions un- ORS 811.560 (3) to (7) are applicable to this der ORS 811.560 (4) to (8) are applicable to subsection. this subsection. (23) On a bicycle lane. Exemptions under (10) Within a highway tunnel. Ex- ORS 811.560 are applicable to this subsec- emptions under ORS 811.560 (4) to (7) are tion. applicable to this subsection. (24) On a bicycle path. Exemptions under (11) On any railroad or rail fixed ORS 811.560 are applicable to this subsec- guideway system tracks or within seven and tion. [1983 c.338 §669; 1985 c.21 §1; 1985 c.334 §1; 1989 one-half feet of the nearest rail at a time c.433 §2; 1997 c.249 §234; 2001 c.522 §9] when the parking of vehicles would conflict with operations or repair of the tracks. Ex- 811.555 Illegal stopping, standing or emptions under ORS 811.560 (4) to (7) are parking; affirmative defense; penalty. (1) applicable to this subsection. A person commits the offense of illegal stop- ping, standing or parking if: (12) On a throughway. Exemptions under ORS 811.560 (4) to (7) are applicable to this (a) The person stops, parks or leaves subsection. standing a vehicle in a place where such stopping, parking or standing is prohibited (13) In the area between roadways of a under ORS 811.550; or divided highway, including crossovers. Ex- emptions under ORS 811.560 (4) to (7) are (b) The person is the owner of an unat- applicable to this subsection. tended vehicle parked in a place where such parking is prohibited under ORS 811.550. (14) At any place where traffic control devices prohibit stopping. Exemptions under (2) Exemptions from this section are es- ORS 811.560 (4) to (7) are applicable to this tablished under ORS 811.560. subsection. (3) A police officer, under authority (15) In front of a public or private granted by ORS 810.430, may move or require driveway. Exemptions under ORS 811.560 (2) to be moved a vehicle that is stopped, parked and (4) to (7) are applicable to this subsec- or left standing in violation of this section. tion. (4) It is an affirmative defense to a pros- (16) Within 10 feet of a fire hydrant. Ex- ecution of the owner of a vehicle under sub- emptions under ORS 811.560 (2) and (4) to (7) section (1)(b) of this section that the use of are applicable to this subsection. the vehicle was not authorized by the owner, either expressly or by implication. (17) Within 20 feet of a crosswalk at an intersection. Exemptions under ORS 811.560 (5) The offense described by this section, (2) and (4) to (7) are applicable to this sub- illegal stopping, standing or parking, is a section. Class D traffic violation. [1983 c.338 §668; 1987 c.687 §4] (18) Within 50 feet upon the approach to an official flashing signal, stop sign, yield 811.560 Exemptions from prohibitions sign or traffic control device located at the on stopping, standing or parking. This side of the roadway if the standing or park- section provides exemptions from ORS ing of a vehicle will obstruct the view of any 811.550 and 811.555. The following ex- traffic control device located at the side of emptions are applicable as provided under the roadway. Exemptions under ORS 811.560 ORS 811.550: (2) and (4) to (7) are applicable to this sub- (1) When applicable, this subsection ex- section. empts school buses or worker transport (19) Within 15 feet of the driveway en- buses stopped on a roadway to load or unload trance to a fire station and on the side of a workers or children, providing that the street opposite the entrance to a fire station, flashing school bus safety lights on the bus within 75 feet of the entrance. Exemptions are operating.

Title 59 Page 291 (2013 Edition) 811.565 OREGON VEHICLE CODE

(2) When applicable, this subsection ex- 811.570 Improperly positioning parallel empts vehicles stopped, standing or parked parked vehicle; exception; affirmative de- momentarily to pick up or discharge a pas- fense; penalty. (1) A person commits the of- senger. fense of improperly positioning a parallel (3) When applicable, this subsection ex- parked vehicle if: empts vehicles stopped, standing or parked (a) The person stops or parks a vehicle momentarily for the purpose of and while on a highway where parallel parking is per- actually engaged in loading or unloading mitted and the vehicle is not parked in ac- property or passengers. cordance with the following: (4) When applicable, this subsection ex- (A) Upon a two-way highway, the vehicle empts vehicles owned or operated by the shall be positioned so that the right-hand state, a county or city when stopping, stand- wheels are parallel to and within 12 inches ing or parking is necessary to perform main- of the right curb or, if none, as close as pos- tenance or repair work on the roadway. sible to the right edge of the right shoulder. (5) When applicable, this subsection ex- (B) On a one-way highway where parallel empts vehicles from the prohibitions and parking is permitted on either side, a vehicle penalties when the driver’s disregard of the parked or stopped on the right side shall be prohibitions is necessary to avoid conflict positioned in accordance with the require- with other traffic. ments of subparagraph (A) of this paragraph (6) When applicable, this subsection ex- and a vehicle parked or stopped on the left empts vehicles acting in compliance with law side shall be positioned so that the left-hand or at the direction of a police officer or a wheels are parallel to and within 12 inches traffic control device. of the left curb or, if none, as close as possi- ble to the left edge of the left shoulder. (7) When applicable, this subsection ex- empts the driver of a vehicle that is disabled (C) Where marked parking spaces are in such manner and to such extent that the provided, a vehicle shall be positioned so driver cannot avoid stopping or temporarily that it faces in the direction in which vehi- leaving the disabled vehicle in a prohibited cles in the adjacent lane of the roadway are position. required to travel and so that the wheels are within the parking space markings which are (8) When applicable, this subsection ex- parallel to the curb or, if none, to the edge empts vehicles owned or operated by the of the shoulder; or State Department of Fish and Wildlife when (b) The person is the owner of an unat- stopping, standing or parking is necessary to tended vehicle parked on a highway in vio- enable employees to release fish. lation of paragraph (a) of this subsection. (9) When applicable, this subsection ex- (2) The provisions of this section do not empts vehicles momentarily stopped to allow apply to the driver of a vehicle that is disa- oncoming traffic to pass before making a bled in such manner and to such extent that right-hand or left-hand turn or momentarily the driver cannot avoid stopping or tempo- stopped in preparation for or while negotiat- rarily leaving the disabled vehicle in a posi- ing an exit from the road. tion prohibited by this section. (10) When applicable, this subsection ex- (3) A police officer, under authority empts commercial vehicles that are stopped, granted by ORS 810.430, may move or require standing or parked when stopping, standing to be moved a vehicle that is parked in vio- or parking is necessary to engage in any ac- lation of this section. tivity associated with the collection of solid (4) It is an affirmative defense to a pros- waste, recyclable material or yard debris, as ecution of the owner of a vehicle under sub- those terms are defined in ORS 459.005. [1983 section (1)(b) of this section that the use of c.338 §670; 1985 c.334 §2; 1989 c.433 §3; 2013 c.250 §1] the vehicle was not authorized by the owner, 811.565 Dangerous movement of either expressly or by implication. stopped, standing or parked vehicle; pen- (5) The offense described in this section, alty. (1) A person commits the offense of improperly positioning a parallel parked ve- dangerous movement of a stopped, standing hicle, is a Class D traffic violation. [1983 c.338 or parked vehicle if the person moves a ve- §671; 1987 c.687 §5] hicle so stopped, standing or parked when the movement cannot be made with reason- 811.575 Violation of posted parking able safety. restrictions on state highways; affirma- tive defense; penalty. (1) A person commits (2) The offense described in this section, the offense of violation of posted parking re- dangerous movement of a stopped, standing strictions on state highways if appropriate or parked vehicle, is a Class B traffic vio- signs or markings are posted giving notice lation. [1983 c.338 §675; 1995 c.383 §80] of any regulations, restrictions or prohibi-

Title 59 Page 292 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.595 tions on the parking, stopping or standing of (3) The offense described in this section, vehicles on a state highway and: failure to secure a motor vehicle, is a Class (a) The person parks, stops or stands a D traffic violation. [1983 c.338 §676; 1985 c.16 §326; vehicle on a state highway in violation of 1987 c.687 §7; 1995 c.383 §81] any such regulations, restrictions or prohibi- tions; or (Winter Recreation Parking Areas) (b) The person is the owner of an unat- 811.590 Unlawful parking in winter tended vehicle parked on a state highway in recreation parking area; exemptions; violation of any such regulations, restrictions penalty. (1) A person commits the offense of or prohibitions. unlawful parking in a winter recreation parking area if the person parks a vehicle in (2) Authority to impose restrictions, reg- a location designated as a winter recreation ulations and prohibitions on parking, stop- parking area under ORS 810.170 at any time ping or standing of vehicles on state from November 1 of any year to April 30 of highways is established under ORS 810.160. the next year and the vehicle is not display- (3) It is an affirmative defense to a pros- ing a winter recreation parking permit issued ecution of the owner of a vehicle under sub- under ORS 811.595. section (1)(b) of this section that the use of (2) Unless the police officer issuing the the vehicle was not authorized by the owner, citation witnesses the parking of the vehicle, either expressly or by implication. a rebuttable presumption exists that a vehi- (4) The offense described in this section, cle parked in violation of this section was violation of posted parking restrictions on parked by the registered owner of the vehi- state highways, is a Class D traffic violation. cle. If the parking of the vehicle is witnessed [1983 c.338 §672; 1987 c.687 §6] by the police officer, the operator of the ve- 811.580 Parking vehicle on state high- hicle is in violation of this section. way for vending purposes; penalty. (1) A (3) In addition to those vehicles display- driver commits the offense of unlawful park- ing a winter recreation parking permit, the ing for vending purposes if the person parks following vehicles are not subject to the or leaves standing a vehicle on a right of prohibition or penalty under this section: way of a state highway for the purpose of (a) A vehicle owned and operated by the advertising, selling or offering merchandise United States, another state or a political for sale except pursuant to written agree- subdivision thereof. ment with the Department of Transportation. (b) A vehicle owned and operated by this (2) The offense described in this section, state or by any city, district or political sub- unlawful parking for vending purposes is a division thereof. Class D traffic violation. [1983 c.338 §674] (c) A vehicle owned by a resident of an- 811.585 Failure to secure motor vehi- other state if the vehicle displays a winter cle; affirmative defense; penalty. (1) A area parking permit issued in accordance person commits the offense of failure to se- with the laws of the state in which the cure a motor vehicle if the person is driving owner of the vehicle resides and that is sim- or is in charge of a motor vehicle and: ilar to the winter recreation parking permit (a) The person permits the vehicle to issued under ORS 811.595. The exemption stand unattended on a highway without first under this paragraph is only granted to the doing all of the following: extent that a similar exemption or privilege (A) Stopping the engine. is granted under the laws of the other state for vehicles displaying a winter recreation (B) Turning the front wheels to the curb parking permit issued under ORS 811.595. or side of the highway when standing upon any grade. (4) The offense described in this section, unlawful parking in a winter recreation (C) Locking the ignition. parking area, is a specific fine traffic vio- (D) Removing the key from the ignition. lation. The presumptive fine for unlawful parking in a winter recreation parking area (E) Effectively setting the brake on the is $30. [1983 c.338 §678; 1999 c.1010 §1; 2007 c.810 §6; vehicle; or 2011 c.597 §98] (b) The person is the owner of an unat- 811.595 Winter recreation parking tended motor vehicle parked on a highway in permit; rules; fees. A winter recreation violation of paragraph (a) of this subsection. parking permit is a vehicle permit that is is- (2) It is an affirmative defense to a pros- sued as evidence of a grant of authority to ecution of the owner of a vehicle under sub- park a vehicle in a winter recreation parking section (1)(b) of this section that the use of location established under ORS 810.170 with- the vehicle was not authorized by the owner, out violation of ORS 811.590. The Depart- either expressly or by implication. ment of Transportation shall establish a

Title 59 Page 293 (2013 Edition) 811.600 OREGON VEHICLE CODE program for the issuance of winter recre- portation to be affixed to a golf cart or sub- ation parking permits under this section. The stantially similar vehicle; program established by the department shall (b) An individual placard described in comply with all of the following: ORS 811.605; (1) The department shall adopt rules nec- (c) A program placard issued by the de- essary for the issuance and administration partment under ORS 811.607; of winter recreation parking permits. The rules shall be adopted under ORS chapter (d) A family placard issued by the de- 183. partment under ORS 811.609; (2) The department shall include all of (e) A foreign visitor placard issued by the the following in the rules adopted under this department under ORS 811.611; and section: (f) A “Wheelchair User” placard or decal (a) The type of permit. issued by the department under ORS 811.613. (b) The manner in which the permit is to (2) The department shall issue a disabled be issued. person parking permit in the form of a decal (c) The manner of displaying the permit or individual placard to any person who sub- on a vehicle. mits an application that complies with ORS 811.604. Nothing in this section prohibits the (d) Procedures for issuance of permits by department from issuing a decal or individual persons appointed by the department. placard to a person who has disabled veteran (3) Vehicle permits issued under this registration plates issued under ORS 805.100 section shall be transferable from vehicle to and who qualifies for the decal or placard. vehicle. (3) Except as otherwise provided in this (4) The fees for issuance of winter recre- subsection, the department may not issue ation parking permits are as provided under more than one individual placard to an ap- ORS 811.600. [1983 c.338 §679; 1985 c.16 §327] plicant. The department may issue a replace- 811.600 Fees for winter recreation ment placard upon receipt of proof parking permits. The Oregon Transporta- satisfactory to the department that the ori- tion Commission shall set the fees for issu- ginal placard has been lost, mutilated or de- ance of a winter recreation parking permit stroyed. The department may issue a issued under ORS 811.595 by rule. The com- temporary duplicate permit to a person who mission shall consider recommendations of needs a duplicate permit for travel purposes. the Winter Recreation Advisory Committee A temporary duplicate permit shall be valid in setting the fees under this section. The for 30 days. The department shall adopt rules fees established for issuance of winter recre- governing application for and issuance of ation parking permits shall be designed to temporary duplicate permits. Nothing in this cover the costs of enforcing the requirement subsection prohibits issuance of an individual for winter recreation parking permits and of placard to a person who has been issued a removing snow from winter recreation park- decal. ing locations designated under ORS 810.170, (4) Permits issued under this section, but may not exceed the following: other than temporary duplicate permits, may (1) For winter recreation parking permits be renewed by mail. valid for a period of one day, $5. (5) Permits for use on vehicles that are (2) For winter recreation parking permits regularly used as part of a program for the valid for a period of three consecutive days, transportation of persons with disabilities $10. are issued as provided in ORS 811.607. (3) For winter recreation parking permits (6) Except as provided in subsection (7) valid for a period of one year beginning each of this section, the department shall deter- November, $30. [1983 c.338 §684(1); 1985 c.16 §329(1); mine the form, size and content of any decal 1985 c.139 §5(1); 1993 c.245 §1; 1997 c.583 §7; 1999 c.1010 or placard issued under this section and shall §2] adopt rules governing their issuance, display and use as necessary to carry out this sec- (Parking for Persons With Disabilities) tion. 811.602 Disabled person parking per- (7)(a) Except as provided in paragraph (b) mit; content; rules. (1) A disabled person of this subsection, the department may not parking permit is a means of identifying ve- require a decal or placard issued under this hicles being used to exercise the parking section to an individual or a family to con- privileges described in ORS 811.635. The fol- tain any identifying information about the lowing are disabled person parking permits: person to whom the decal or placard is is- (a) A special decal described in ORS sued, including any of the following: 811.605 issued by the Department of Trans- (A) Name;

Title 59 Page 294 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.607

(B) Address; described in subsection (1) of this section; (C) Telephone number; and (D) Social Security number; (3) The number of a current, valid driver license, golf cart driver permit, identification (E) Driver license number; card or parking identification card issued to (F) Golf cart driver permit number; the applicant by the department. [1987 c.187 §8; 1989 c.243 §6; 1991 c.741 §2; 1995 c.462 §2; 1999 c.582 (G) Identification card number; §16; 2001 c.827 §13; 2007 c.70 §331; 2008 c.1 §30; 2009 c.238 (H) Passport or visa number; or §1] (I) Photograph. 811.605 Contents of individual placard or decal. (1) An applicant for an individual (b) The department may require a decal placard or decal issued by the Department or placard issued under this section to an of Transportation under ORS 811.602 must individual or a family to contain not more have a driver license, a disability golf cart than four digits of the driver license or driver permit, an identification card or a identification card number of the person to parking identification card issued by the de- whom the decal or placard is issued. [1987 partment. The placard or decal shall be valid c.187 §7; 1989 c.243 §2; 1991 c.741 §1; 1993 c.751 §66; 1995 c.462 §1; 2001 c.827 §11; 2005 c.406 §1; 2007 c.70 §330; 2007 so long as the license, permit, identification c.468 §5] card or parking identification card is valid and may be renewed when the license, per- 811.603 Parking identification card mit or card is renewed. without photograph; issuance; rules. (1) The Department of Transportation shall issue (2) An individual placard or decal shall a parking identification card without a pho- contain an expiration date that is visible tograph to an applicant for a disabled person from outside the vehicle when the placard or parking permit if the applicant does not have decal is displayed on or in the vehicle. The a driver license, a driver permit or an iden- expiration date shall be the same as the ex- tification card issued by the department un- piration date of the driver license, golf cart der ORS 807.400 and if the applicant submits driver permit, identification card or parking a statement from a physician that it would identification card of the holder of the plac- be impractical or harmful to the applicant, ard. [1989 c.243 §4; 2005 c.406 §2; 2008 c.1 §31] because of medical or physical condition, to 811.606 Parking permit for person appear at an office of the department and be with temporary disability. The Department photographed for an identification card. of Transportation may issue a placard show- (2) The department shall determine by ing an expiration date not to exceed six rule the terms, conditions and requirements months after the date of issuance for use by of a parking identification card issued under persons with temporary disabilities upon this section except that the department may submission by the applicant of a certificate not require either that an applicant appear described in ORS 811.604 except that it cer- personally in order to receive or renew a tifies that the applicant has a temporary dis- card or that the card contain a photograph. ability for less than four years. An applicant [1991 c.741 §2b; 2001 c.827 §12; 2008 c.1 §29] for a temporary disabled person parking per- mit need not have a driver license, a driver 811.604 Application for disabled person permit, an identification card or a parking parking permit. Application for issuance or identification card. [1987 c.187 §9; 1987 c.296 §4; renewal of a disabled person parking permit 1989 c.243 §7; 1991 c.741 §3; 1993 c.741 §85; 2001 c.827 §14; in the form of an individual placard or decal 2005 c.406 §3; 2007 c.70 §332; 2008 c.1 §32] issued under ORS 811.602 shall include: 811.607 Program placards; rules. The (1) A certificate, signed and dated within Department of Transportation shall issue six months preceding the date of application, disabled person parking permits in the form by a licensed physician, a certified nurse of program placards for use on vehicles that practitioner or a licensed physician assistant are regularly used as part of a program for to the Department of Transportation that the the transportation of persons with disabili- applicant is a person with a disability or a ties or by an adult foster home. All the fol- certificate, signed and dated within six lowing apply to placards issued under this months preceding the date of application, by section: a licensed optometrist that the applicant is a person with a disability because of loss of (1) The department shall determine the vision or substantial loss of visual acuity or form, size and content of the placards except visual field beyond correction; that the department shall require that a placard contain the name of the program (2) The state-issued licensing number of holding the placard and the department shall the licensed physician, certified nurse prac- require that the expiration date of a placard titioner, licensed physician assistant or li- be visible when the placard is displayed in censed optometrist who signed the certificate the vehicle.

Title 59 Page 295 (2013 Edition) 811.609 OREGON VEHICLE CODE

(2) Placards issued under this section Department of Transportation certifying that shall be valid for a period of eight years from the applicant is a person with a disability, the date of issue. Upon expiration, placards or a certificate from a licensed optometrist may be renewed in a manner determined by certifying that the applicant is a person with the department by rule. The department shall a disability because of loss of vision or sub- authorize renewal by mail of placards issued stantial loss of visual acuity or visual field under this section. beyond correction. (3) The department shall determine by (2) A disabled person parking permit is- rule how programs for the transportation of sued under this section is valid for 30 days. persons with disabilities may qualify vehicles [1997 c.680 §2; 1999 c.582 §17; 2001 c.827 §17; 2007 c.70 for placards issued under this section. [1989 §335] c.243 §5; 1991 c.741 §4; 1999 c.91 §4; 2001 c.827 §15; 2007 811.612 Maintenance of privileges after c.21 §5; 2007 c.70 §333] relocation. To maintain disabled person 811.608 [1987 c.187 §10; repealed by 1989 c.243 §18] parking privileges after relocation, a person 811.609 Family placards. The Depart- who relocates to Oregon and who holds a ment of Transportation shall issue disabled disabled person parking permit from another person parking permits in the form of family state shall obtain an Oregon disabled person placards for use on vehicles that are regu- parking permit pursuant to ORS 811.602. larly used by a family that includes more [2001 c.367 §6] than one person with a disability. All the 811.613 Wheelchair User placard; following apply to placards issued under this rules. (1) The Department of Transportation section: shall issue a “Wheelchair User” disabled (1) The department shall determine the person parking permit in the form of a form, size and content of the placards except “Wheelchair User” placard or decal for use that the department shall require that the by a person who uses a wheelchair or similar expiration date of a placard be visible when low-powered motorized or mechanically pro- the placard is displayed in the vehicle. pelled vehicle designed specifically for use by a person with a physical disability. (2) Placards issued under this section shall be valid for a period of eight years from (2) The department shall determine the the date of issue. Upon expiration, placards form, size and content of the placards or may be renewed in a manner determined by decals, except that the department shall re- the department by rule. quire that the placards or decals: (3) The department shall not issue or re- (a) Include the words “Wheelchair new a placard under this section unless a li- User.” censed physician certifies that the family (b) Have an expiration date that is visible includes at least two persons with disabili- from outside the vehicle when the placard or ties. [1991 c.741 §4b; 1999 c.91 §5; 2001 c.827 §16; 2005 c.406 §4; 2007 c.70 §334] decal is displayed on or in the vehicle. 811.610 [1985 c.246 §2; repealed by 1991 c.741 §7] (3) The department shall by rule deter- mine how a person may qualify for a 811.611 Foreign visitor placard. (1) The “Wheelchair User” placard or decal under Department of Transportation may issue a this section. disabled person parking permit in the form of a placard to a person who is visiting from (4) An applicant for a “Wheelchair a foreign country if the person presents to User” placard or decal issued by the depart- the department either a valid driver license ment under this section must have a driver or other grant of driving privileges from the license, a disability golf cart driver permit foreign country or a passport or visa showing or an identification card issued by the de- that the person is a visitor to the United partment. The placard or decal shall be valid States and presents one of the following: as long as the license, permit or identifica- (a) A valid disabled person parking per- tion card is valid and may be renewed when mit issued by the country that issued the the license, permit or identification card is visitor’s passport or visa; renewed. (b) A certificate from an official of the (5) The expiration date shall be the same agency that issues disabled person parking as the expiration date of the driver license, permits in the country that issued the disability golf cart driver permit or identifi- visitor’s passport or visa certifying that the cation card of the holder of the placard or person holds a valid disabled person parking decal. [2007 c.468 §4] permit; or Note: 811.613 was added to and made a part of the Oregon Vehicle Code by legislative action but was not (c) A certificate from a licensed physi- added to ORS chapter 811 or any series therein. See cian, a certified nurse practitioner or a li- Preface to Oregon Revised Statutes for further explana- censed physician assistant addressed to the tion.

Title 59 Page 296 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.617

811.615 Unlawful parking in space re- (b) A vehicle parked in violation of this served for persons with disabilities; ex- section may be removed and sold as provided ceptions; penalty. (1) A person commits the under ORS 811.620. offense of unlawful parking in a space re- (5)(a) Except as provided in paragraph (b) served for persons with disabilities if: of this subsection, unlawful parking in a (a) The person parks a vehicle in any space reserved for persons with disabilities parking space that is on private or public is a Class C traffic violation. property and that is marked or signed to (b) A second or subsequent conviction for provide parking for persons with disabilities unlawful parking in a space reserved for and the vehicle does not conspicuously dis- persons with disabilities is a Class A traffic play a disabled person parking permit de- violation. [1983 c.338 §680; 1985 c.16 §328; 1987 c.187 scribed in ORS 811.602 or 811.606 or a §2; 1989 c.243 §8; 1991 c.741 §11; 1993 c.195 §1; 1995 c.79 disabled parking permit issued by another §373; 1997 c.680 §4; 2001 c.367 §1; 2007 c.70 §336; 2007 jurisdiction; c.468 §6; 2011 c.597 §99] (b) The person parks a vehicle in the 811.617 Blocking parking space re- aisle required by ORS 447.233 regardless of served for persons with disabilities; pen- whether or not the vehicle displays a disa- alty. (1) A person commits the offense of bled person parking permit; or blocking a parking space reserved for per- (c) The person parks a vehicle in a park- sons with disabilities if the person: ing space that is on private or public prop- (a) Stops or parks a vehicle in such a erty and that is marked or signed way as to block access to a parking space “Wheelchair User Only” as described in ORS that is on private or public property and that 447.233 and the vehicle does not conspicu- is marked or signed to provide parking for ously display a “Wheelchair User” placard persons with disabilities; or or decal issued under ORS 811.613. (b) Places an object or allows an object (2) This section does not apply to any of to be placed in such a manner that it blocks the following: access to a parking space that is on private or public property and that is marked or (a) Momentarily parking a vehicle in a signed to provide parking for persons with parking space marked or signed for persons disabilities. with disabilities for the purposes of allowing a person with a disability to enter or leave (2)(a) Unless the police officer or other the vehicle. authorized person issuing the citation wit- nesses the stopping or parking of a vehicle (b) Any parking space that is marked or in violation of subsection (1)(a) of this sec- signed to provide parking for persons with tion, there is a rebuttable presumption that disabilities and that is subject to different the vehicle was stopped or parked by the provisions or requirements under city or registered owner of the vehicle and a cita- county ordinance if the different provisions tion issued for the violation may be placed or requirements are clearly posted. upon the vehicle. If the stopping or parking (3) Unless the police officer or other au- of the vehicle is witnessed by the police offi- thorized person issuing the citation witnesses cer or other person authorized to issue a ci- the parking of the vehicle, a rebuttable pre- tation for the offense, or if the operator is in sumption exists that a vehicle parked in vio- the vehicle, the operator of the vehicle is in lation of this section was parked by the violation of this section. registered owner of the vehicle and the cita- (b) Unless the police officer or other au- tion issued for the violation may be placed thorized person issuing the citation witnesses upon the vehicle. If the parking of the vehi- the blocking of a parking space in violation cle is witnessed by the police officer or other of subsection (1)(b) of this section, there is a person authorized to issue a citation for the rebuttable presumption that the owner or offense, the operator of the vehicle is in vio- manager of the parking lot placed or allowed lation of this section. placement of the object blocking access to (4) The penalties provided by this section the parking space and a citation may be is- shall be imposed regardless of the text or sued to the owner or manager of the parking symbol displayed on the marking or sign re- lot. If a police officer or other person issuing serving the space or aisle for persons with the citation sees a person placing an object disabilities. The penalties are in addition to in violation of subsection (1)(b) of this sec- the following: tion, the officer or other person may issue (a) A vehicle parked on private property the citation to the person seen. in violation of this section is subject to re- (3) For purposes of this section, a parking moval under ORS 98.810 and to lien and sale space includes any adjacent access aisle as under ORS 98.812. described in ORS 447.233.

Title 59 Page 297 (2013 Edition) 811.620 OREGON VEHICLE CODE

(4) The offense described in this section, exercise any privileges granted under ORS blocking a parking space reserved for per- 811.635. sons with disabilities, is a Class D traffic vi- (2) Except as provided in subsection (3) olation. [1997 c.498 §2; 2001 c.367 §2; 2007 c.70 §337; of this section, unlawful use of a disabled 2011 c.597 §99a] person parking permit is a Class C traffic 811.620 Removal of vehicle illegally violation. parked in space reserved for persons with (3) A second or subsequent conviction for disabilities. If a vehicle is illegally parked unlawful use of a disabled person parking in violation of ORS 811.615, the vehicle may permit is a Class A traffic violation. [1983 c.338 be removed and, if notice required under §681; 1987 c.187 §3; 1989 c.243 §9; 1991 c.741 §12; 1995 c.79 subsection (3) of this section is given, is §374; 2001 c.367 §3; 2007 c.70 §338; 2011 c.597 §100] subject to costs for the removal and storage of the vehicle as provided under the follow- 811.627 Use of invalid disabled person ing: parking permit; penalty. (1) A person com- mits the offense of use of an invalid disabled (1) The owner of private property may person parking permit if the person uses a have the vehicle removed from the property permit that is not a valid permit from an- in the manner provided for removal of vehi- other jurisdiction, and that: cles under ORS 98.812. (a) Has been previously reported as lost (2) Subject to subsection (3) of this sec- or stolen; tion, any state agency or political subdivision of this state may provide for the removal and (b) Has been altered; storage of the vehicle and the vehicle shall (c) Was issued to a person who is de- be subject to the following: ceased at the time of the citation; (a) The state agency or political subdivi- (d) Has not been issued under ORS sion may require payment of reasonable costs 811.602; for removal and storage of the vehicle before (e) Is a photocopy or other reproduction the vehicle is released. of a permit, regardless of the permit status; (b) If the vehicle is not claimed and any or fees required under this subsection are not (f) Is mutilated or illegible. paid within 30 days of the removal, a lien described under ORS 98.812 attaches to the (2) Unless the police officer or other au- vehicle and its contents for the reasonable thorized person issuing the citation witnesses costs for removal and storage of the vehicle the parking of the vehicle, a rebuttable pre- and contents. sumption exists that a vehicle parked in vio- lation of this section was parked by the (3) If a vehicle is removed under subsec- registered owner of the vehicle and the cita- tion (2) of this section, the tower removing tion issued for the violation may be placed the vehicle shall: upon the vehicle. If the parking of the vehi- (a) Notify the local law enforcement cle is witnessed by the police officer or other agency of the location of the vehicle within person authorized to issue a citation for the one hour after the vehicle is placed in stor- offense, the operator of the vehicle is in vio- age; and lation of this section. (b) Unless the vehicle is claimed, give (3) The offense described in this section, notice, within 10 days after the vehicle is use of an invalid disabled person parking placed in storage, to the vehicle owner or permit, is a Class A traffic violation. any other person with an interest in the ve- (4) If the court finds that a person com- hicle, as indicated by the title records. If no- mitted the offense described in this section, tice under this paragraph is given by mail, it the court shall collect the permit and return must be mailed within the 10-day period, but it to the Department of Transportation for need not be received within that period. [1983 destruction unless the person claims the c.338 §433; 1985 c.16 §227; 1993 c.233 §56; 2007 c.538 §14] permit was lost or destroyed, or the police 811.625 Unlawful use of disabled per- officer or other person authorized to issue a son parking permit; penalty. (1) A person citation for the offense collected the permit. commits the offense of unlawful use of a dis- (5) If the court finds that a person com- abled person parking permit if the person: mitted the offense described in this section (a) Is not a person with a disability and by using a permit that was mutilated or il- is not transporting the holder of a disabled legible, the court may assess any fine it deems appropriate up to the maximum person parking permit to or from the parking amount allowable for the offense. If the mu- location; and tilated or illegible permit has been replaced (b) Uses a disabled person parking permit by the department, the court may dismiss the described under ORS 811.602 or 811.606 to citation. [2001 c.367 §7; 2011 c.597 §100a]

Title 59 Page 298 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.637

811.630 Misuse of program placard; (a) Park a motor vehicle in any public penalty. (1) A person commits the offense of parking zone restricted as to the length of misuse of a program placard if the person: time permitted therein without incurring (a) Is the driver of a vehicle that is being penalties imposed for overtime parking in used as part of a program for the transpor- such zones. tation of persons with disabilities; and (b) Park a motor vehicle in any public (b) Uses a program placard described un- parking zone with metered parking without der ORS 811.607 for any purpose other than being required to pay any parking meter fee. exercising privileges granted under ORS (3) A city or county may allow any per- 811.637. son who holds a disabled person parking (2) Except as provided in subsection (3) permit to exercise the rights described in of this section, misuse of a program placard subsection (2) of this section. is a Class C traffic violation. (4) The privileges granted under subsec- (3) A second or subsequent conviction for tion (2) of this section do not include any of misuse of a program placard is a Class A the following: traffic violation. [1983 c.338 §682; 1987 c.187 §4; 1989 (a) Parking in zones where stopping, c.243 §10; 2001 c.367 §4; 2007 c.70 §339; 2011 c.597 §101] parking or standing of all motor vehicles is 811.632 Appointment of volunteers to prohibited. issue citations. (1) A law enforcement (b) Parking in the late evening or over- agency authorized to enforce parking laws night where such parking is prohibited. may appoint volunteers to issue citations for (c) Parking in zones reserved for special violations of ORS 811.615, 811.617, 811.625 types of motor vehicles or activities. and 811.630, or of ordinances dealing with parking privileges for persons with disabili- (d) Parking in zones where parking is ties. Volunteers appointed under this subsec- permitted only for 30 minutes or less. tion must be at least 21 years of age. The (e) Parking in a parking space marked or law enforcement agency appointing the vol- signed for “Wheelchair User Only,” unless unteers may establish any other qualifica- displaying a “Wheelchair User” placard or tions the agency deems desirable. decal issued under ORS 811.613. (2) Any agency appointing volunteers un- (5) In addition to other privileges granted der this section shall provide training to the under a permit, the person issued a permit, volunteers before authorizing them to issue or another person while transporting the citations. person issued the permit to or from the parking location, may use the permit to park (3) A citation issued by a volunteer ap- in a parking space that is marked or signed pointed under this section shall have the to provide parking for persons with disabili- same force and effect as a citation issued by ties without violation of ORS 811.615. [1983 a police officer for the same offense. [1991 c.338 §683; 1985 c.139 §4; 1987 c.187 §5; 1989 c.243 §11; c.741 §10; 1997 c.498 §3; 2007 c.70 §340] 2007 c.70 §341; 2007 c.468 §7] Note: 811.632 was enacted into law by the Legisla- tive Assembly but was not added to or made a part of 811.637 Privileges granted by program the Oregon Vehicle Code or any chapter or series placards. (1) Notwithstanding ORS 811.635, therein by legislative action. See Preface to Oregon Re- a program placard described under ORS vised Statutes for further explanation. 811.607 confers only the following privileges: 811.635 Privileges granted by disabled (a) It authorizes the driver of a vehicle person parking permit other than pro- that is being used as part of the program to gram placard. All of the following apply to which the placard was issued to park the the parking privileges granted to persons vehicle for three hours or less in any public with disabilities under a disabled person parking zone restricted as to the length of parking permit other than a program placard time permitted therein without incurring described in ORS 811.607: penalties for overtime parking in such zones; (1) The privileges granted under a permit (b) It authorizes the driver of a vehicle may be exercised notwithstanding ORS that is being used as part of the program to 811.575, any authority granted under ORS which the placard was issued to park the 810.160 or parking restrictions imposed by vehicle for three hours or less in any public any city or county and without violation parking zone with metered parking without thereof. being required to pay any parking meter fee; (2) Subject to the limitations under sub- and section (4) of this section, a “Wheelchair (c) It authorizes the driver of a vehicle User” placard or decal allows its holder, or that is being used as part of the program to another person while transporting its holder which the placard was issued to park the to or from the parking location, to exercise vehicle for three hours or less in any parking the following privileges: space that is marked or signed to provide

Title 59 Page 299 (2013 Edition) 811.700 OREGON VEHICLE CODE

parking for persons with disabilities without of the driver and owner of the vehicle strik- violation of ORS 811.615, so long as the ve- ing the unattended vehicle; or hicle conspicuously displays the permit. (B) Leave in a conspicuous place in the (2) The privileges granted under subsec- vehicle struck a written notice giving the tion (1) of this section do not include any of name and address of the driver and of the the following: owner of the vehicle doing the striking and (a) Parking in zones where stopping, a statement of the circumstances thereof. parking or standing of all motor vehicles is (c) If the person is the driver of any ve- prohibited. hicle involved in an accident resulting only (b) Parking in the late evening or over- in damage to fixtures or property legally night where such parking is prohibited. upon or adjacent to a highway, the person shall do all of the following: (c) Parking in zones reserved for special types of motor vehicles or activities. (A) Take reasonable steps to notify the owner or person in charge of the property of (d) Parking in zones where parking is such fact and of the driver’s name and ad- permitted only for 30 minutes or less. [1989 c.243 §13; 1999 c.779 §1; 2007 c.70 §342] dress and of the registration number of the vehicle the driver is driving. 811.640 [1983 c.338 §684(2); 1985 c.16 §329(2); 1985 c.139 §5(2); 1987 c.187 §11; 1989 c.243 §14; 1991 c.741 §5; (B) Upon request and if available, exhibit 1995 c.462 §3; 1997 c.680 §3; 1999 c.91 §6; repealed by 2001 any document issued as official evidence of c.827 §18] a grant of driving privileges to the driver. ACCIDENTS (2) The offense described in this section, failure to perform the duties of a driver when (Duties) property is damaged, is a Class A misde- 811.700 Failure to perform duties of meanor and is applicable on any premises driver when property is damaged; pen- open to the public. [1983 c.338 §572] alty. (1) A person commits the offense of 811.705 Failure to perform duties of failure to perform the duties of a driver when driver to injured persons; penalty. (1) A property is damaged if the person is the person commits the offense of failure to per- driver of any vehicle and the person does not form the duties of a driver to injured persons perform duties required under any of the fol- if the person is the driver of any vehicle in- lowing: volved in an accident that results in injury (a) If the person is the driver of any ve- or death to any person and does not do all hicle involved in an accident that results of the following: only in damage to a vehicle that is driven or (a) Immediately stop the vehicle at the attended by any other person the person scene of the accident or as close thereto as must perform all of the following duties: possible. Every stop required under this par- (A) Immediately stop the vehicle at the agraph shall be made without obstructing scene of the accident or as close thereto as traffic more than is necessary. possible. Every stop required under this sub- (b) Remain at the scene of the accident paragraph shall be made without obstructing until the driver has fulfilled all of the re- traffic more than is necessary. quirements under this subsection. (B) Remain at the scene of the accident (c) Give to the other driver or surviving until the driver has fulfilled all of the re- passenger or any person not a passenger who quirements under this paragraph. is injured as a result of the accident the (C) Give to the other driver or passenger name and address of the driver and the reg- the name and address of the driver and the istration number of the vehicle that the registration number of the vehicle that the driver is driving and the name and address driver is driving and the name and address of any other occupants of the vehicle. of any other occupants of the vehicle. (d) Upon request and if available, exhibit (D) Upon request and if available, exhibit and give to the persons injured or to the oc- and give to the occupant of or person at- cupant of or person attending any vehicle tending any vehicle damaged the number of damaged the number of any document issued any documents issued as evidence of driving as official evidence of a grant of driving privileges granted to the driver. privileges. (b) If the person is the driver of any ve- (e) Render to any person injured in the hicle that collides with any vehicle that is accident reasonable assistance, including the unattended, the person shall immediately conveying or the making of arrangements for stop and: the conveying of such person to a physician, (A) Locate and notify the operator or surgeon or hospital for medical or surgical owner of the vehicle of the name and address treatment, if it is apparent that such treat-

Title 59 Page 300 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.717 ment is necessary or if such conveying is re- 811.710 Failure to perform duties of quested by any injured person. driver when animal is injured; penalty. (1) (f) Remain at the scene of an accident A person commits the offense of failure to until a police officer has arrived and has re- perform the duties of a driver when an ani- mal is injured if the person knowingly ceived the required information, if all per- strikes and injures a domestic animal and sons required to be given information under the person does not do all of the following: paragraph (c) of this subsection are killed in the accident or are unconscious or otherwise (a) Stop at once. incapable of receiving the information. The (b) Make a reasonable effort to determine requirement of this paragraph to remain at the nature of the animal’s injuries. the scene of an accident until a police officer (c) Give reasonable attention to the ani- arrives does not apply to a driver who needs mal. immediate medical care, who needs to leave the scene in order to secure medical care for (d) Immediately report the injury to the another person injured in the accident or animal’s owner. who needs to leave the scene in order to re- (e) If unable to contact the owner of the port the accident to the authorities, so long animal, notify a police officer. as the driver who leaves takes reasonable (2) The requirements under this section steps to return to the scene or to contact the for a driver to stop and attend an injured nearest police agency. animal depend on the traffic hazards then (2)(a) Except as otherwise provided in existing. paragraph (b) of this subsection, the offense (3) The offense described in this section, described in this section, failure to perform failure to perform the duties of a driver when the duties of a driver to injured persons, is an animal is injured, is a Class B traffic vio- a Class C felony and is applicable on any lation. [1983 c.338 §574] premises open to the public. 811.715 Failure to perform duties of (b) Failure to perform the duties of a witness to accident; penalty. (1) A person driver to injured persons is a Class B felony commits the offense of failure to perform the if a person suffers serious physical injury as duties of a witness to an accident if the per- defined in ORS 161.015 or dies as a result of son: the accident. [1983 c.338 §573; 1993 c.621 §1; 2001 c.919 §1] (a) Witnesses an accident that results in injury or death to any person or causes 811.706 Money damages resulting from damage to a vehicle that is driven or at- violation of ORS 811.700 or 811.705. When tended by any person; and a person is convicted of violating ORS (b) Does not furnish to the driver or oc- 811.700 or 811.705, the court, in addition to cupant of such vehicles or injured person, any other sentence it may impose, may order the true name and address of the witness. the person to pay an amount of money equal to the amount of any damages caused by the (2) The offense described in this section, person as a result of the incident that cre- failure to perform the duties of a witness to ated the duties in ORS 811.700 or 811.705. an accident, is a Class B traffic violation. [1995 c.782 §2] [1983 c.338 §575] Note: 811.706 was enacted into law by the Legisla- 811.717 Failure to remove motor vehi- tive Assembly but was not added to or made a part of cle from roadway; penalty. (1) The driver the Oregon Vehicle Code or any chapter or series of a motor vehicle commits the offense of therein by legislative action. See Preface to Oregon Re- vised Statutes for further explanation. failure to remove a motor vehicle from the roadway if, after an accident: 811.707 Crime classification for vio- (a) A person has not suffered any appar- lation of ORS 811.705. The Oregon Criminal ent personal injury as a result of the acci- Justice Commission shall classify the crime dent; of failure to perform the duties of a driver to injured persons as crime category 8 of the (b) The motor vehicle is operable and sentencing guidelines grid of the commission does not require towing; if a person suffers serious physical injury as (c) It is safe to drive the motor vehicle defined in ORS 161.015 or dies as a result of to a location off of the roadway as close to the accident that forms the basis of the con- the accident scene as possible; and viction. [2001 c.919 §2] (d) The driver does not move the motor Note: 811.707 was enacted into law by the Legisla- vehicle to a location off of the roadway as tive Assembly but was not added to or made a part of close to the accident scene as possible. the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Re- (2) The offense described in this section, vised Statutes for further explanation. failure to remove a motor vehicle from the

Title 59 Page 301 (2013 Edition) 811.720 OREGON VEHICLE CODE roadway, is a Class C traffic violation. [2007 All Urban Consumers for All Items as pre- c.664 §4; 2008 c.10 §3] pared by the Bureau of Labor Statistics of Note: 811.717 was added to and made a part of the the United States Department of Labor or its Oregon Vehicle Code by legislative action but was not successor during the preceding 12-month pe- added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explana- riod. The amount determined under this sub- tion. section shall be rounded to the nearest $100. (4) The following are exempt from the (Reports) reporting requirements of this section: 811.720 When accident must be re- (a) Operators of snowmobiles, Class I all- ported to Department of Transportation. terrain vehicles or Class III all-terrain vehi- (1) Except as provided in subsection (4) of cles. this section, any accident occurring on a (b) A law enforcement official acting in highway or upon premises open to the public the course of official duty if the accident in- resulting in injury or death to any person is volved a law enforcement official performing subject to the reporting requirements under a lawful intervention technique or a law en- the following sections: forcement official and a person acting during (a) The reporting requirements for driv- the commission of a criminal offense. As ers under ORS 811.725. used in this paragraph: (b) The reporting requirements for occu- (A) “Law enforcement official” means a pants of vehicles in accidents under ORS person who is responsible for enforcing the 811.735. criminal laws of this state or a political sub- division of this state and who is employed or (c) The reporting requirements for own- volunteers: ers of vehicles under ORS 811.730. (i) As a peace officer commissioned by a (2) Except as provided in subsection (4) city, university that has established a police of this section, an accident occurring on a department under ORS 352.383 or 353.125, highway or upon premises open to the public port, school district, mass transit district, resulting in damage to the property of any county or county service district authorized person in excess of $1,500 is subject to the to provide law enforcement services under following reporting requirements: ORS 451.010; (a) The driver of a vehicle that has more (ii) With the Department of State Police than $1,500 damage must report the accident or the Criminal Justice Division of the De- in the manner specified under ORS 811.725. partment of Justice; (b) The owner of a vehicle that has more (iii) As an investigator of a district than $1,500 damage must report the accident attorney’s office, if the investigator is certi- in the manner specified in ORS 811.730 and fied as a peace officer in this state; or under the circumstances specified in ORS 811.730. (iv) As an authorized tribal police officer as defined in section 1, chapter 644, Oregon (c) If the property damage is to property Laws 2011. other than a vehicle involved in the accident, each driver involved in the accident must (B) “Lawful intervention technique” report the accident in the manner specified means a method by which one motor vehicle under ORS 811.725 and each owner of a ve- causes, or attempts to cause, another motor hicle involved in the accident must report vehicle to stop. [1983 c.338 §576; 1987 c.258 §11; 1993 the accident in the manner specified in ORS c.614 §1; 1997 c.279 §1; 2001 c.827 §7; 2003 c.531 §1; 2005 811.730 and under the circumstances speci- c.405 §1; 2011 c.506 §49; 2011 c.644 §34; 2013 c.180 §54] Note: The amendments to 811.720 by section 56, fied in ORS 811.730. chapter 644, Oregon Laws 2011, become operative July (d) If a vehicle involved in the accident 1, 2015. See section 58, chapter 644, Oregon Laws 2011, is damaged to the extent that the vehicle as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, must be towed from the scene of the acci- 2015, including amendments by section 55, chapter 180, dent, each driver involved in the accident Oregon Laws 2013, is set forth for the user’s conven- must report the accident in the manner ience. specified under ORS 811.725 and each owner 811.720. (1) Except as provided in subsection (4) of of a vehicle involved in the accident must this section, any accident occurring on a highway or report the accident in the manner specified upon premises open to the public resulting in injury or death to any person is subject to the reporting require- in ORS 811.730 and under the circumstances ments under the following sections: specified in ORS 811.730. (a) The reporting requirements for drivers under (3) The dollar amount specified in sub- ORS 811.725. section (2) of this section may be increased (b) The reporting requirements for occupants of every five years by the Department of vehicles in accidents under ORS 811.735. Transportation based upon any increase in (c) The reporting requirements for owners of vehi- the Portland-Salem Consumer Price Index for cles under ORS 811.730.

Title 59 Page 302 (2013 Edition) RULES OF THE ROAD FOR DRIVERS 811.730

(2) Except as provided in subsection (4) of this ORS 811.720 and does not, within 72 hours section, an accident occurring on a highway or upon of the accident, complete a report of the ac- premises open to the public resulting in damage to the property of any person in excess of $1,500 is subject to cident in a form approved by the Department the following reporting requirements: of Transportation and submit the report to (a) The driver of a vehicle that has more than the department. $1,500 damage must report the accident in the manner (b) Is driving a vehicle that is involved specified under ORS 811.725. in an accident and does not submit to the (b) The owner of a vehicle that has more than department any report required by the de- $1,500 damage must report the accident in the manner specified in ORS 811.730 and under the circumstances partment that is other than or in addition to specified in ORS 811.730. the reports required by this section. The de- (c) If the property damage is to property other than partment may request a supplemental report a vehicle involved in the accident, each driver involved if in the opinion of the department the ori- in the accident must report the accident in the manner ginal report is insufficient. specified under ORS 811.725 and each owner of a vehicle involved in the accident must report the accident in the (c) Is driving any vehicle that is involved manner specified in ORS 811.730 and under the circum- in an accident required to be reported under stances specified in ORS 811.730. ORS 811.720 and does not, within 72 hours (d) If a vehicle involved in the accident is damaged of the accident, certify to the department, in to the extent that the vehicle must be towed from the a form furnished by the department, that at scene of the accident, each driver involved in the acci- dent must report the accident in the manner specified the time of the accident the person was in under ORS 811.725 and each owner of a vehicle involved compliance with the financial responsibility in the accident must report the accident in the manner requirements. specified in ORS 811.730 and under the circumstances specified in ORS 811.730. (2) The certification of compliance with (3) The dollar amount specified in subsection (2) of financial responsibility required under this this section may be increased every five years by the section is subject to the prohibitions and Department of Transportation based upon any increase penalties for false certification under ORS in the Portland-Salem Consumer Price Index for All 806.050. Urban Consumers for All Items as prepared by the Bu- reau of Labor Statistics of the United States Depart- (3) The reports described under this sec- ment of Labor or its successor during the preceding tion are subject to the provisions of ORS 12-month period. The amount determined under this 802.220 and 802.240 relating to the use of subsection shall be rounded to the nearest $100. such reports after submission. Exemptions (4) The following are exempt from the reporting from requirements to certify compliance with requirements of this section: financial responsibility are established under (a) Operators of snowmobiles, Class I all-terrain ORS 806.020. vehicles or Class III all-terrain vehicles. (b) A law enforcement official acting in the course (4) A driver may be required to file addi- of official duty if the accident involved a law enforce- tional accident reports with a city as pro- ment official performing a lawful intervention technique vided under ORS 801.040. or a law enforcement official and a person acting dur- ing the commission of a criminal offense. As used in (5) The offense described in this section, this paragraph: driver failure to report an accident, is a (A) “Law enforcement official” means a person who Class B traffic violation. [1983 c.338 §577; 1985 is responsible for enforcing the criminal laws of this c.393 §36; 1993 c.751 §67; 2005 c.195 §1] state or a political subdivision of this state and who is employed or volunteers: 811.730 Owner failure to report acci- dent to Department of Transportation; (i) As a peace officer commissioned by a city, uni- versity that has established a police department under penalty. (1) The owner of a vehicle commits ORS 352.383 or 353.125, port, school district, mass transit the offense of owner failure to report an ac- district, county or county service district authorized to cident if the owner does any of the following: provide law enforcement services under ORS 451.010; (a) If the person owns a vehicle that is (ii) With the Department of State Police or the Criminal Justice Division of the Department of Justice; involved in an accident that is required to or be reported under ORS 811.720 and all of the (iii) As an investigator of a district attorney’s of- following apply: fice, if the investigator is certified as a peace officer in this state. (A) The accident occurred while the ve- hicle was driven by someone other than the (B) “Lawful intervention technique” means a method by which one motor vehicle causes, or attempts owner of the vehicle. to cause, another motor vehicle to stop. (B) The driver of the vehicle does not 811.725 Driver failure to report acci- make an accident report as required under dent to Department of Transportation; ORS 811.725. penalty. (1) The driver of a vehicle commits (C) The owner of the vehicle fails to re- the offense of driver failure to report an ac- port the accident to the Department of cident if the driver does any of the following: Transportation in a form specified by the de- (a) Is driving any vehicle that is involved partment as soon as the owner learns of the in an accident required to be reported under accident.

Title 59 Page 303 (2013 Edition) 811.735 OREGON VEHICLE CODE

(b) If the person is the owner of a vehicle (a) The driver of a vehicle that has more involved in an accident and the person does than $1,500 damage must report the accident not make any additional reports the depart- in the manner specified under ORS 811.748. ment may require. (b) If the property damage is to property (2) The offense described in this section, other than a vehicle involved in the accident, owner failure to report an accident, is a each driver involved in the accident must Class B traffic violation. [1983 c.338 §578; 1985 report the accident in the manner specified c.393 §37; 1993 c.751 §68] under ORS 811.748. 811.735 Failure of vehicle occupant to (c) If a vehicle involved in the accident make accident report to Department of is damaged to the extent that the vehicle Transportation; penalty. (1) A person com- must be towed from the scene of the acci- mits the offense of failure of a vehicle occu- dent, each driver involved in the accident pant to make an accident report if: must report the accident in the manner (a) The person is an occupant, other than specified under ORS 811.748. the driver, of a vehicle at a time when the (3) The dollar amount specified in sub- vehicle is involved in an accident required to section (2) of this section may be increased be reported under ORS 811.720; every five years by the Department of (b) The driver of the vehicle is physically Transportation based upon any increase in incapable of making an accident report re- the Portland-Salem Consumer Price Index for quired under ORS 811.725; and All Urban Consumers for All Items as pre- pared by the Bureau of Labor Statistics of (c) The occupant does not make the ac- the United States Department of Labor or its cident report or cause the accident report to successor during the preceding 12-month pe- be made. riod. The amount determined under this sub- (2) This section does not require an oc- section shall be rounded to the nearest $100. cupant of a vehicle who is not a driver to (4) The following are exempt from the make any certification of compliance with fi- reporting requirements of this section: nancial responsibility requirements. (a) Operators of snowmobiles and Class (3) The offense described in this section, I, Class III and Class IV all-terrain vehicles. failure of a vehicle occupant to make an ac- (b) A law enforcement official acting in cident report, is a Class B traffic violation. the course of official duty if the accident in- [1983 c.338 §579] volved a law enforcement official performing 811.740 False accident report; penalty. a lawful intervention technique or involved (1) A person commits the offense of giving a a law enforcement official and a person act- false accident report if the person gives in- ing during the commission of a criminal of- formation in any report required under ORS fense. As used in this paragraph: 811.725 or 811.730, knowing or having reason (A) “Law enforcement official” means a to believe that such information is false. person who is responsible for enforcing the (2) The offense described in this section, criminal laws of this state or a political sub- giving a false accident report, is a Class B division of this state and who is employed or misdemeanor. [1983 c.338 §581; 1985 c.393 §38] volunteers: 811.745 When accident must be re- (i) As a peace officer commissioned by a ported to police officer or law enforce- city, port, university that has established a ment agency. (1) Except as provided in police department under ORS 352.383 or subsection (4) of this section, any accident 353.125, school district, mass transit district, occurring on a highway or upon premises county or service district authorized to pro- open to the public resulting in injury or vide law enforcement services under ORS death to any person is subject to the report- 451.010; ing requirements under the following (ii) With the Department of State Police sections: or the Criminal Justice Division of the De- (a) The reporting requirements for driv- partment of Justice; or ers under ORS 811.748. (iii) As an investigator of a district (b) The reporting requirements for occu- attorney’s office, if the investigator is certi- pants of vehicles in accidents under ORS fied as a peace officer in this state. 811.750. (B) “Lawful intervention technique” (2) Except as provided in subsection (4) means a method by which one motor vehicle of this section, an accident occurring on a causes, or attempts to cause, another motor highway or upon premises open to the public vehicle to stop. resulting in damage to the property of any (5) The reporting requirements under this person in excess of $1,500 is subject to the section are in addition to, and not in lieu of, following reporting requirements: the reporting requirements under ORS

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811.720. [2009 c.490 §2; 2011 c.360 §18; 2011 c.506 §50; (b) The driver of the vehicle is physically 2013 c.180 §56] incapable of giving notice to a police officer Note: 811.745 to 811.750 were added to and made a or a law enforcement agency as required un- part of the Oregon Vehicle Code by legislative action der ORS 811.748; and but were not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for (c) The occupant does not give notice of further explanation. the accident immediately to a police officer 811.747 Definitions for ORS 811.748 or a law enforcement agency by the quickest and 811.750. As used in ORS 811.748 and means available. 811.750: (2) Notwithstanding subsection (1) of this section, a person does not commit the offense (1) “9-1-1 emergency reporting system” of failure of a vehicle occupant to make an has the meaning given that term in ORS accident report if: 403.105. (a) The accident required to be reported (2) “Law enforcement agency” means any under ORS 811.745 results in a serious injury agency that employs members of the Oregon or death; and State Police, a sheriff, a deputy sheriff, a city police officer, a police officer commissioned (b) The person gives notice of the acci- by a university under ORS 352.383 or 353.125 dent immediately to a 9-1-1 emergency re- or a law enforcement officer employed by a porting system by the quickest means service district established under ORS available. 451.410 to 451.610 for the purpose of law en- (3) The offense described in this section, forcement services. [2009 c.490 §3; 2011 c.506 §51; failure of a vehicle occupant to make an ac- 2013 c.180 §57] cident report, is a Class A traffic violation. Note: See note under 811.745. [2009 c.490 §5] 811.748 Driver failure to report acci- Note: See note under 811.745. dent to police officer or law enforcement agency; penalty. (1) The driver of a vehicle FUNERAL PROCESSIONS commits the offense of driver failure to re- 811.800 Operation of funeral vehicles port an accident if the driver is driving any with improper lights; penalty. (1) A person vehicle that is involved in an accident re- commits the offense of operation of a funeral quired to be reported under ORS 811.745 and escort vehicle or a funeral lead vehicle with the driver, if physically capable, does not improper lights if the person: give notice of the accident immediately to a (a) Fails to equip the funeral escort ve- police officer or a law enforcement agency hicle or funeral lead vehicle with at least by the quickest means available. one “fire company warning light” as provided (2) Notwithstanding subsection (1) of this for under ORS 816.350 and described under section, a driver does not commit the offense ORS 816.285; or of driver failure to report an accident if: (b) Uses the “fire company warning (a) The accident required to be reported light” at any time except during a funeral under ORS 811.745 results in a serious injury procession. or death; and (2) No ordinance or other regulation (b) The driver gives notice of the acci- shall prohibit the use of warning lights on a dent immediately to a 9-1-1 emergency re- funeral escort vehicle or funeral lead vehicle porting system by the quickest means while driving in a funeral procession. available. (3) The offense described in this section, (3) The offense described in this section, operation of a funeral escort vehicle or fu- driver failure to report an accident, is a neral lead vehicle with improper lights, is a Class D traffic violation. [1991 c.482 §6; 1993 c.18 Class A traffic violation. [2009 c.490 §4] §170; 1995 c.383 §1] Note: See note under 811.745. 811.802 Failure to yield right of way 811.750 Failure of vehicle occupant to to funeral procession; penalty. (1) A per- make accident report to police officer or son commits the offense of failure to yield law enforcement agency; penalty. (1) A the right of way to a funeral procession if person commits the offense of failure of a the funeral procession is accompanied by a vehicle occupant to make an accident report funeral escort vehicle or a funeral lead vehi- if: cle and the person does not do the following: (a) The person is an occupant, other than (a) Yield the right of way to the funeral the driver, of a vehicle at a time when the procession. vehicle is involved in an accident required to (b) Stop before entering any intersection be reported to a police officer or a law en- and remain stopped until the funeral proc- forcement agency under ORS 811.745; ession has passed.

Title 59 Page 305 (2013 Edition) 811.804 OREGON VEHICLE CODE

(c) Obey any directions given by a driver son drives at a speed that exceeds 45 miles of a funeral escort vehicle. per hour. (2) Except as otherwise provided in sub- (2) The offense described in this section, section (3) of this section and except for exceeding the maximum speed for a funeral emergency vehicles and police vehicles or at procession, is a Class D traffic violation. the direction of a police officer, this section [1991 c.482 §12; 1995 c.383 §3] applies to pedestrians, bicyclists, motor vehi- 811.808 Exemption from speed limits cle drivers and anyone else in the path of a for funeral escort vehicle. Notwithstanding funeral procession. ORS 811.111 or 811.295, while overtaking the (3) This section applies only to persons funeral procession in order to direct traffic who knew or in the exercise of reasonable at the next intersection, the funeral escort care should have known of the presence of a vehicle may exceed the posted speed limit by funeral procession. 10 miles per hour and may cross the center line of a roadway that is divided into two or (4) The offense described in this section, more lanes. [1991 c.482 §9; 2003 c.14 §494; 2003 c.819 failure to yield the right of way to a funeral §10] procession, is a Class D traffic violation. [1991 c.482 §7; 1995 c.383 §2] 811.810 Disrupting funeral procession; penalty. (1) A person commits the offense of 811.804 Intersection rules for funeral disrupting a funeral procession if: processions. (1) While exercising due cau- tion regarding the safety of others, notwith- (a) The person is driving a vehicle that standing any traffic control device, right of is not a member of the funeral procession way provisions or other provisions of the and the person drives between the vehicles Oregon Vehicle Code, if the funeral escort in a funeral procession; or vehicle or funeral lead vehicle lawfully en- (b) The person is driving a vehicle that ters an intersection, the following procession is not a member of the funeral procession may enter the intersection without stopping. and the person joins the funeral procession (2) Notwithstanding subsection (1) of this in order to be exempt from any rule of the section, the vehicles in the funeral proc- road. ession shall yield the right of way: (2) This section does not apply to any emergency vehicle or police vehicle while (a) To an emergency vehicle giving an that vehicle is performing emergency or po- audible or visible signal; or lice duties. (b) If directed by a police officer to do so. (3) The offense described in this section, [1991 c.482 §8] disrupting a funeral procession, is a Class D 811.806 Exceeding maximum speed for traffic violation. [1991 c.482 §10; 1995 c.383 §4] funeral procession; penalty. (1) Notwith- 811.812 Free passage for funeral proc- standing any other provision of law, a person ession vehicles. Any person or vehicle par- commits the offense of exceeding the maxi- ticipating in a funeral procession shall be mum speed for a funeral procession if: allowed to pass free through all tollgates, (a) The person is driving in a funeral tunnels, toll bridges and ferries. [1991 c.482 §11] procession on a highway with a speed limit of less than 50 miles per hour and the person drives at a speed that exceeds five miles per hour less than the speed limit; or CHAPTER 812 (b) The person is driving in a funeral procession on a highway with a speed limit greater than 50 miles per hour and the per- [Reserved for expansion]

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