69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2404

                         House Bill 2520

Sponsored by Representative LUKE


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Specifies authority for Department of Transportation, cities
and counties to set speed limits below statutory limits for
highways within respective jurisdictions.

                        A BILL FOR AN ACT
Relating to designation of speeds on highways; amending ORS
  153.530, 802.200, 810.180, 811.100, 811.108 and 811.808; and
  repealing ORS 811.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 810.180 is amended to read:
  810.180. This section grants authority to establish speeds for
operation of a vehicle upon a highway and speeds that are
different from those established under ORS 811.105 as evidence of
violation of the basic speed rule under ORS 811.100. Speed limits
 { +  and speeds + } established under this section are subject
to the conditions described in the subsection granting authority
to establish the speed limit { +  or speed + }, as follows:
  (1)   { - The Department of Transportation may establish a
maximum speed limit that is applicable to the operation of all
vehicles upon all highways in this state unless a different
maximum speed limit for certain vehicles or on certain highways
is specifically provided by law. A speed limit established under
this subsection is subject to all of the following: - }
    { - (a) A speed limit established by this section shall be
known as the federal maximum speed limit. - }
    { - (b) The department may establish a speed limit under this
subsection when the commission determines that there is a
critical need to conserve fuel because of current or imminent
fuel shortages and that limiting the maximum speeds of vehicles
will significantly conserve motor fuel or when the department
determines that establishing a speed limit under this subsection
is a necessary condition to the receipt of federal highway
funds. - }
    { - (c) The department may not establish a maximum speed
limit of more than 55 miles per hour under this subsection. - }
    { - (d) A maximum speed limit established under this
subsection is subject to ORS 811.108 regarding relationships
among certain provisions of law governing speed. - }
    { - (e) A maximum speed established under this subsection may
not be raised by any authority granted under any other subsection
in this section. - }
    { - (f) Violation of a speed limit established under this
subsection is punishable as provided under ORS 811.110. - }  { +
The Department of Transportation, by rule, may establish
reasonable and safe speed limits on arterial and collector
highways in the state. A city may establish reasonable and safe
speed limits on highways within the urban growth boundary of the
city that are not arterials or collectors. A county may establish
reasonable and safe speed limits on highways in the county that
are not within the urban growth boundary of a city and are not
arterials or collectors. The following apply to this subsection:
  (a) Speed limits established under this subsection may be less
than, but may not be greater than, speed limits established by
statute for the type of highway.
  (b) The authority to establish speed limits for a highway under
this subsection includes the authority to establish speed limits
for a section of highway.
  (c) A speed limit established under this subsection is
effective when appropriate signs giving notice of the limit are
erected upon the highway or section of highway. The road
authority that establishes the speed limit is responsible for the
expense of erecting signs.
  (d) The authority granted under this subsection includes, but
is not limited to, authority to designate different speed limits
for different kinds or classes of vehicles.
  (e) A speed limit established under this subsection does not
authorize speeds higher than those required for compliance with
the basic speed rule under ORS 811.100.
  (f) Penalties for violation of a speed limit established as
provided in this subsection are as provided in ORS 811.109. + }
  (2) The department may override the maximum speed limit
established for ocean shores under ORS 811.120 and establish a
maximum speed limit of less than 25 miles per hour on any
specified section of ocean shore if the department determines
that the maximum speed limit established under ORS 811.120 is
greater than is reasonable or safe under the conditions that
exist with respect to that part of the ocean shore. The authority
granted under this subsection is subject to all of the following:
  (a) The department may make the determination required under
this subsection only on the basis of an investigation.
  (b) A speed limit established under this subsection is
effective when posted upon appropriate fixed or variable signs.
  (c) A speed limit established under this subsection does not
authorize speeds higher than those required for compliance with
the basic speed rule under ORS 811.100.
  (d) Penalties for violation of a speed limit established under
this subsection are as provided in ORS 811.120.
    { - (3) The department may override the maximum speed limit
established for rural interstate highways under ORS 811.112 on
any specified section of rural interstate highway if the
department determines that the maximum speed limit established
under ORS 811.112 is greater than is reasonable or safe with
respect to the conditions that exist with respect to that part of
the rural interstate highway. - }
    { - (4) - }  { +  (3) + } Each road authority, with respect
to its own highways or streets { + , + } may reduce designated or
maximum speed limits of vehicles as necessary, in its judgment,
to protect any highway or section thereof from being unduly
damaged or to protect the safety of the public when hazards are
created by road conditions.  The following apply to the authority
granted under this subsection:
  (a) Speeds may only be reduced for a specific period of time or
temporarily for a specific class or type of vehicle that is
causing an identified damage to highways.
  (b) This subsection shall not be used to establish any
permanent speed reduction. If a permanent speed reduction is
required, it may only be imposed under the procedures established
under this section for permanently establishing a speed
reduction.
  (c) The authority granted by this subsection may only be
exercised if the ordinance or order, as appropriate, that imposes
the speed reduction specifies the hazard or damage and is
effective only for a specified time that corresponds to the
hazard or damage identified.
  (d) The operation of a vehicle in excess of any speed
designated under this subsection is prima facie evidence of
violation of the basic speed rule under ORS 811.100.
  (e) Any restrictions or limitations imposed under this
subsection shall be imposed by a proper order. A sign giving
notice of the restrictions or limitations contained in the order
shall be maintained in a conspicuous manner and placed at each
end of the highway or section of highway affected thereby, and at
such other places as may be necessary to inform the public. Such
restrictions or limitations shall be effective when the signs
giving notice thereof are erected, and no person shall operate
any vehicle or combination of vehicles in violation thereof.
    { - (5) - }  { +  (4) + } Each road authority, with respect
to its own highways or streets, may designate speeds for vehicles
upon any portion of the highway or street upon which temporary
conditions constituting a danger to the public exist or above,
below or upon which construction or maintenance work is being
carried on so close to the roadway as to be a danger to passing
traffic or to be endangered by passing traffic. The following
apply to this subsection:
  (a) The operation of a vehicle in excess of any speed
designated under this subsection is prima facie evidence of
violation of the basic speed rule under ORS 811.100.
  (b) Any restrictions or limitations imposed under this
subsection shall be imposed by a proper order. A sign giving
notice of the restrictions or limitations contained in the order
shall be maintained in a conspicuous manner and placed at each
end of the highway or section of highway affected thereby, and at
such other places as may be necessary to inform the public. Such
restrictions or limitations shall be effective when the signs
giving notice thereof are erected, and no person shall operate
any vehicle or combination of vehicles in violation thereof.
    { - (6) - }  { +  (5) + } Road authorities may regulate the
speed of vehicles in parks under their jurisdiction. A road
authority regulating the speed of vehicles under this subsection
shall place and maintain signs at all park entrances to give
notice of any special speed regulation.
    { - (7) - }  { +  (6) + } The department { + , a city or a
county + } may designate a speed on any state highway or section
thereof that is different
  { - than - }   { + from + } a speed designated as prima facie
evidence under ORS 811.105 of violation of the basic speed rule
under ORS 811.100 if the department { + , the city or the
county + } determines that the speed designated under ORS 811.105
is greater or less than is reasonable or safe under conditions
the department { + , the city or the county + } finds to exist.
The authority granted under this subsection is subject to all of
the following:
  (a) The department { + , a city or a county + } shall designate
under this subsection only speeds that the department { + , the
city or the county + } determines are reasonable and safe on the
highway under the conditions the department { + , the city or the
county + } finds to exist.
  (b) The department { + , a city or a county + } may exercise
the authority under this subsection only on   { - state highways
that are outside the corporate limits of any city - }  { +
highways on which they are respectively authorized by subsection
(1) of this section to establish speed limits + }.

  (c) The department { + , a city or a county + } shall exercise
authority granted under this subsection only if such action is
based upon an engineering and traffic investigation.
  (d) Penalties for violation of a speed designated under this
subsection are provided under ORS 811.100 and 811.105.
  (e) A speed designated under this subsection is effective when
appropriate signs giving notice of the speed limit are erected
upon the highway where the limit is imposed.
    { - (8) The department, by rule, may designate reasonable and
safe speeds on highways or portions of highways. The authority
granted under this subsection includes, but is not limited to,
authority to establish different speeds for different kinds or
classes of vehicles as the department determines reasonable and
safe. The authority granted under this subsection is subject to
all of the following: - }
    { - (a) The department, by rule, may delegate its authority
under this subsection with respect to highways that are low
volume or not hard surfaced to a city or county with jurisdiction
over the highway. The department shall delegate authority under
this paragraph only if it determines that the city or county will
exercise the authority according to criteria adopted by the
department. - }
    { - (b) Penalties for violation of a speed established under
this subsection are provided under ORS 811.100 and 811.105. - }
    { - (c) The department shall use procedures established by
rule to establish speeds under this subsection. - }
    { - (d) A speed established under this subsection is
effective when appropriate signs giving notice thereof are
erected upon the highway or section of highway. All signs erected
under this paragraph shall comply with ORS 810.200. - }
    { - (e) The expense of erecting any sign under this
subsection shall be borne by the road authority having
jurisdiction over the highway. - }
    { - (f) The department, by rule, may designate a speed on a
highway or section thereof after a request is received from the
road authority for a highway. The application required under this
subsection must state a recommended speed. The department may
determine the speed to designate under its authority based on an
engineering and traffic investigation. The department: - }
    { - (A) May change the existing speed on the highway if the
department determines that the designated speed is greater or
less than reasonable or safe under conditions the department
finds to exist. - }
    { - (B) Shall not make a final determination to change a
speed under this subsection without providing the affected road
jurisdiction due notice and opportunity for a hearing. The
department shall give written notice of its determination
concerning a designated speed under this subsection. - }
    { - (g) An affected road authority may file written
objections to any speed established by the department under this
subsection which affects it. - }
    { - (9) - }  { +  (7) + } The department { + , a city or a
county + } may establish an emergency speed on any highway under
the jurisdiction of the department { + , city or county as
described in subsection (1) of this section, + } that is
different from the existing speed on the highway.  The authority
granted under this subsection is subject to all of the following:
  (a) Penalties for violation of a speed established under this
subsection are provided under ORS   { - 811.100 and 811.105 - }
 { +  811.109 + }.
  (b) A speed established under this subsection is effective when
appropriate signs giving notice thereof are erected upon the
highway or section of highway. All signs erected under this
subsection shall comply with ORS 810.200.


  (c) The expense of erecting any sign under this subsection
shall be borne by the road authority having jurisdiction over the
highway.
  (d) A speed established under this subsection may be effective
for not more than 120 days.
  (e) If the department { + , a city or a county + } establishes
an emergency temporary speed under this subsection,   { - it - }
 { +  the department, city or county + } shall determine
 { - whether the department should permanently change the
speed - }  within 120 days after the speed becomes effective { +
whether it should be permanently changed + }.  The
department { + , city or county + } shall use authority otherwise
granted under this section if it   { - determines - }
 { + elects + } to permanently establish the speed.
    { - (f) The department may establish a speed under this
subsection only upon the application of the road authority for
the highway. - }
    { - (10) - }  { +  (8) + } The department  { + or a city,
whichever is authorized to establish speed limits under
subsection (1) of this section, + } may supersede a maximum speed
limit established for urban areas under ORS 811.123 and designate
a speed greater or less than one specified in ORS 811.123 on any
specified section of a highway in an urban area if the department
 { + or city + } determines that a maximum speed limit
established under ORS 811.123 is not reasonable or safe with
respect to that part of the highway. A designated speed
established under this subsection is effective when appropriate
signs giving notice thereof are erected on the affected section
of highway.
  SECTION 2.  { + ORS 811.110 is repealed. + }
  SECTION 3. ORS 802.200 is amended to read:
  802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
  (1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
  (a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
  (A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
  (B) The name of any lessor of the vehicle;
  (C) The vehicle description; and
  (D) Whether a certificate of title was issued for the vehicle.
  (b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed even
if ORS 803.015 requires that the title does not indicate that the
vehicle is reconstructed.
  (c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
  (d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
  (e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
  (f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
  (2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown

on the title or registration documents submitted to the
department at the time of registration or title.
  (3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
  (a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
  (A) The registration plate number assigned by the department to
the vehicle;
  (B) The name of the vehicle owner;
  (C) The vehicle description and vehicle identification number;
and
  (D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
  (b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
  (4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
  (a) The person's application for a vehicle dealer certificate.
  (b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
  (c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
  (5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
  (6) The department shall maintain records on each manufactured
structure. The records required under this subsection shall
contain all of the following:
  (a) The permanent registration plate number required under ORS
803.520.
  (b) All transfers of ownership occurring after January 1, 1972.
  (c) All movements indicated by trip permits filed with the
department.
  (d) Information on manufactured structures subject to an
exemption under ORS 820.510 that the department determines
necessary.
  (7) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
  (8) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
  (9) The department shall maintain suitable records of driver
licenses and driver permits. The records required under this
subsection shall include all of the following:
  (a) An index by name and number.
  (b) Supporting documentation of all licenses or driver permits
issued.
  (c) Every application for a driver license or driver permit.
  (d) All licenses or driver permits that have been suspended or
revoked.
  (e) For each commercial driver license, the social security
number of the person to whom the license is issued, or any other
number or identifying information that the Secretary of the
United States Department of Transportation determines appropriate
to identify the person.
  (10) The department shall maintain a two-part driving record
consisting of an employment driving record and a nonemployment
driving record for each person as required under this subsection.
All of the following apply to the records required under this
subsection:
  (a) The department shall maintain driving records on:
  (A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving
privileges under ORS 807.020;
  (B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
  (C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
  (D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
  (b) The employment driving record shall include all motor
vehicle accidents in which the person is involved, all
suspensions of driving privileges required to be placed on the
record under ORS 809.280, all suspensions of the person's
commercial driver license that result from operation or use of a
commercial motor vehicle and all convictions of the person for
violation of motor vehicle laws except convictions for offenses
requiring mandatory revocation or suspension of driving
privileges under ORS 809.410 and 813.400, but shall include only
such accidents, suspensions and convictions that occur while the
person is driving a motor vehicle:
  (A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
  (B) Carrying persons or property for compensation;
  (C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
  (D) That is an authorized emergency vehicle; or
  (E) That is a commercial motor vehicle.
  (c) The nonemployment driving record shall include the
person's:
  (A) Motor vehicle accidents;
  (B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
  (C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100,   { - 811.110, - }  811.112 or
811.115, the speed at which the person was convicted of traveling
and the posted or designated speed; and
  (D) Diversion agreements entered into under ORS 813.220 within
the preceding 10 years.
  (d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
  (e) When a person from another jurisdiction applies for a
driver license or permit issued by this state, the department
shall request a copy of the person's driving record from the
other jurisdiction. At the time the person is issued a license in
Oregon, the record from the other jurisdiction shall become part
of the driver's record in this state with the same force and
effect as though entered on the driver's record in this state in
the original instance. The department by rule may specify methods
for converting entries from out-of-state records for use in
Oregon.
  (f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a major traffic
offense, the department shall note on the record that the
suspension was for failure to appear in court and shall also note
the offense charged against the person on which the person failed
to appear.
  (g) The department, in consultation with the Department of
State Police, shall devise and implement a method of noting
suspensions and revocations of driving privileges on the record
in such a way that police agencies can determine directly from
the record what class of offense, as provided by law, is
committed by a person who drives in violation of the suspension
or revocation.  If the department and the Department of State
Police devise a mutually agreeable alternative method of
informing police agencies of the nature of a suspension or
revocation and the consequences of its violation, the
implementation of that method shall satisfy the duty of the
department under this paragraph.
  (11) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
153.625.
  (12) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
  (13) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
  (14) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
  (a) A description of the vehicle sufficient to identify the
vehicle.
  (b) The person to whom the permit was issued.
  (c) When the permit was issued.
  (d) The type of permit issued.
  (e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
  (f) Any other information the department determines appropriate
or convenient.
  SECTION 4. ORS 811.100 is amended to read:
  811.100. (1) A person commits the offense of violating the
basic speed rule if the person drives a vehicle upon a highway at
a speed greater than is reasonable and prudent, having due regard
to all of the following:
  (a) The traffic.
  (b) The surface and width of the highway.
  (c) The hazard at intersections.
  (d) Weather.
  (e) Visibility.
  (f) Any other conditions then existing.
  (2) The following apply to the offense described in this
section:
  (a) The offense is as applicable on an alley as on any other
highway.
  (b) Speeds that are prima facie evidence of violation of this
section are established by ORS 811.105.
  (c) This section and ORS 811.105 establish limitation on speeds
that are in addition to maximum speeds established and subject to
penalty as described in the following:
    { - (A) A federal maximum speed limit under ORS 811.110. - }
    { - (B) - }   { + (A) + } Maximum speeds for motor trucks and
passenger transport vehicles under ORS 811.115.
    { - (C) - }   { + (B) + } Maximum speeds on ocean shores
under ORS 811.120.
    { - (D) - }   { + (C) + } A maximum speed limit for rural
interstate highways under ORS 811.112.
    { - (E) - }   { + (D) + } A maximum speed limit in an urban
area under ORS 811.123.

  (3) The offense described in this section, violating the basic
speed rule, is a Class B traffic infraction.
  SECTION 5. ORS 811.808 is amended to read:
  811.808. Notwithstanding ORS   { - 811.110, - }  811.112,
811.122 or 811.295, while overtaking the funeral procession in
order to direct traffic at the next intersection, the funeral
escort vehicle may exceed the posted speed limit by 10 miles per
hour and may cross the center line of a roadway that is divided
into two or more lanes.
  SECTION 6. ORS 153.530 is amended to read:
  153.530. A complaint and summons or notice to appear on the
charges specified in this section, shall specify the speed at
which the defendant is alleged to have driven and the speed
designated for the district or location. This section applies to
the following charges:
  (1) Violation of the basic speed rule.
    { - (2) Violation of the federal maximum speed limit. - }
    { - (3) - }   { + (2) + } Violation of the maximum speed for
motor trucks and passenger transport vehicles.
    { - (4) - }   { + (3) + } Violation of the maximum speed
limit for rural interstate highways.
  SECTION 7. ORS 811.108 is amended to read:
  811.108. (1)   { - The federal maximum speed limit, - }  The
maximum speed limit for motor trucks and passenger transport
vehicles and the maximum speed limit for rural interstate
highways do not authorize speeds higher than those required for
compliance with the basic speed rule.
  (2) The basic speed rule does not authorize speeds higher than
those established by the   { - federal maximum speed limit, - }
the maximum speed limit for motor trucks and passenger transport
vehicles or the maximum speed limit for rural interstate
highways.
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