Chapter 278 Oregon Laws 2003

AN ACT

SB 315

Relating to pedestrians; amending ORS 811.010, 811.015, 811.035, 811.040, 811.045, 811.260 and 811.360.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 811.010 is amended to read:

811.010. [(1) The driver of a vehicle commits the offense of failure to yield to a pedestrian in a crosswalk if:]

[(a) A pedestrian is crossing a roadway within a marked or unmarked crosswalk where there are no traffic control devices in place or in operation; and]

[(b) The driver does not stop before entering the crosswalk and yield the right of way to the pedestrian when the pedestrian is:]

[(A) Approaching so closely to the half of the roadway along which the driver is proceeding so as to be in a position of danger by closely approaching or reaching the center of the roadway; or]

[(B) On the half of the roadway on and along which the driver is proceeding.]

(1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian in a crosswalk if the driver does not stop and remain stopped for a pedestrian who:

(a) Is crossing a roadway within a marked or unmarked crosswalk where there is no traffic control device in place or in operation; and

(b) Is either in the lane in which the driver’s vehicle is traveling or in a lane adjacent to the lane in which the driver’s vehicle is traveling.

(2) This section does not require a driver to stop and [yield the right of way to] remain stopped for a pedestrian under any of the following circumstances:

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

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

(3) The offense described in this section, failure to [yield to] stop and remain stopped for a pedestrian in a crosswalk, is a Class B traffic violation.

SECTION 2. ORS 811.015 is amended to read:

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

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

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

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

(3) The offense described in this section, failure to obey a traffic patrol member, is a Class A traffic violation.

SECTION 3. ORS 811.035 is amended to read:

811.035. (1) The driver of a vehicle commits the offense of failure to [yield the right of way to] stop and remain stopped for a blind pedestrian if the driver violates any of the following:

(a) A driver approaching a blind or blind and deaf pedestrian carrying a white cane or accompanied by a dog guide, who is crossing or about to cross a roadway, shall [yield the right of way to the blind or blind and deaf pedestrian and shall continue to yield the right of way to the blind or blind and deaf pedestrian] stop and remain stopped until the pedestrian has crossed the roadway.

(b) Where the movement of vehicular traffic is regulated by traffic control devices, a driver approaching a blind or blind and deaf pedestrian shall [yield the right of way to the pedestrian and stop or remain stationary] stop and remain stopped until the pedestrian has vacated the roadway if the blind or blind and deaf pedestrian has entered the roadway and is carrying a white cane or is accompanied by a dog guide. This paragraph applies notwithstanding any other provisions of the vehicle code relating to traffic control devices.

(2) This section is subject to the provisions and definitions relating to the rights of pedestrians who are blind or blind and deaf under ORS 814.110.

(3) The offense described in this section, failure to [yield the right of way to] stop and remain stopped for a blind pedestrian, is a Class B traffic violation.

SECTION 4. ORS 811.040 is amended to read:

811.040. (1) The driver of a vehicle commits the offense of failure to [yield to] stop for a pedestrian proceeding under a traffic control [devices] device if the driver does not [yield the right of way to] stop for a pedestrian who is:

(a) Proceeding under a pedestrian control signal under ORS 814.010.

(b) Lawfully within an intersection or crosswalk in accordance with any traffic control device in a manner that complies with ORS 814.010.

(2) The offense described in this section, failure to [yield to] stop for a pedestrian proceeding under a traffic control [devices] device, is a Class B traffic violation.

SECTION 5. ORS 811.045 is amended to read:

811.045. (1) A person commits the offense of failure to [yield to] stop for a pedestrian when making a turn at a stop light if the person is driving a vehicle that is making a turn at a red light permitted under ORS 811.335 and the person does not [yield the right of way to pedestrians] stop for a pedestrian lawfully within an adjacent crosswalk.

(2) The offense described in this section, failure to [yield to] stop for a pedestrian when making a turn at a stop light, is a Class B traffic violation.

SECTION 6. ORS 811.260 is amended to read:

811.260. This section establishes appropriate driver responses to specific traffic control devices for purposes of ORS 811.265. Authority to place traffic control devices is established under ORS 810.210. Except when acting under the direction of a police officer that contradicts this section, a driver is in violation of ORS 811.265 if the driver makes a response to traffic control devices that is not permitted under the following:

(1) Green signal. A driver facing a green light may proceed straight through or turn right or left unless a sign at that place prohibits either turn. A driver shall yield the right of way to other vehicles within the intersection at the time the green light is shown.

(2) Green arrow. A driver facing a green arrow signal light, shown alone or in combination with another signal, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other signals shown at the same time.

(3) Steady circular yellow signal. A driver facing a steady circular yellow signal light is thereby warned that the related right of way is being terminated and that a red or flashing red light will be shown immediately. A driver facing the light shall stop at a clearly marked stop line, but if none, shall stop before entering the marked crosswalk on the near side of the intersection, or if [none] there is no marked crosswalk, then before entering the intersection. If a driver cannot stop in safety, the driver may drive cautiously through the intersection.

(4) Steady yellow arrow signal. A driver facing a steady yellow arrow signal, alone or in combination with other signal indications, is thereby warned that the related right of way is being terminated. Unless entering the intersection to make a movement permitted by another signal, a driver facing a steady yellow arrow signal shall stop at a clearly marked stop line, but if none, shall stop before entering the marked crosswalk on the near side of the intersection, or if [none] there is no marked crosswalk, then before entering the intersection. If a driver cannot stop in safety, the driver may drive cautiously through the intersection.

(5) Steady circular red signal. A driver facing a steady circular red signal light alone shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection, or if [none] there is no marked crosswalk, then before entering the intersection. The driver shall remain [standing] stopped until a green light is shown except when the driver is permitted to make a turn under ORS 811.360.

(6) Steady red arrow signal. A driver facing a steady red arrow signal, alone or in combination with other signal indications, [shall] may not enter the intersection to make the movement indicated by the red arrow signal. Unless entering the intersection to make some other movement which is permitted by another signal, a driver facing a steady red arrow signal shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection, or if [none] there is no marked crosswalk, then before entering the intersection. The vehicle shall remain [standing] stopped until a green light is shown except when the driver is permitted to make a turn under ORS 811.360.

(7) Traffic control devices at places other than intersections. If a traffic control device that is a signal is erected and maintained at a place other than an intersection, the provisions of this section relating to signals shall be applicable. A required stop shall be made at a sign or marking on the roadway indicating where the stop shall be made, but in the absence of such sign or marking the stop shall be made at the signal.

(8) Flashing red signal. When a driver approaches a flashing red light used in a traffic control device or with a traffic sign, the driver shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection, or if [none] there is no marked crosswalk, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. The right to proceed shall be subject to the rules applicable after making a stop at a stop sign. This subsection does not apply at railroad grade crossings. Conduct of a driver approaching a railroad grade crossing is governed by ORS 811.455.

(9) Flashing yellow signal. When a driver approaches a flashing yellow light used as a signal in a traffic control device or with a traffic sign, the driver may proceed through the intersection or past the signal only with caution. This subsection does not apply at railroad grade crossings. Conduct of a driver approaching a railroad grade crossing is governed by ORS 811.455.

(10) Lane direction control signals. When lane direction control signals are placed over the individual lanes of a highway, a person may drive a vehicle in any lane over which a green signal light is shown, but [shall] may not enter or travel in any lane over which a red signal light is shown.

(11) Stop signs. A driver approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection or, if [none] there is no marked crosswalk, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching so closely as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

(12) Yield signs. A driver approaching a yield sign shall slow the driver’s vehicle to a speed reasonable for the existing conditions and if necessary for safety, shall stop at a line as required for stop signs under this section, and shall yield the right of way to any vehicles in the intersection or approaching so closely as to constitute an immediate hazard.

SECTION 7. ORS 811.360 is amended to read:

811.360. (1) The driver of a vehicle, subject to this section, who is intending to turn at an intersection where there is a traffic control device showing a steady circular red signal or a steady red arrow signal may do any of the following without violating ORS 811.260 and 811.265:

(a) Make a right turn into a two-way street.

(b) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.

(2) A person commits the offense of improper turn at a stop light if the person does any of the following while making a turn described in this section:

(a) Fails to stop at the light as required.

(b) Fails to exercise care to avoid an accident.

(c) Disobeys the directions of a traffic control device or a police officer that prohibits the turn.

(d) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard.

(3) A driver who is making a turn described in this section is also subject to the requirements under ORS 811.045 to [yield to pedestrians] stop for a pedestrian while making the turn.

(4) The offense described in this section, improper turn at a stop light, is a Class B traffic violation.

Approved by the Governor June 10, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date January 1, 2004

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