Chapter 810 — Road Authorities; Courts; Police; Other Enforcement Officials

 

2013 EDITION

 

ENFORCEMENT OFFICIALS

 

OREGON VEHICLE CODE

 

ROAD AUTHORITIES

 

(Jurisdiction)

 

810.010     Jurisdiction over highways; exception

 

810.012     Jurisdiction over access to facilities and services from certain roads; rules

 

(Roads)

 

810.020     Regulating use of throughway

 

810.030     Imposition of restrictions on highway use; grounds; procedure; penalties

 

810.040     Designation of truck routes; limitations; penalties

 

810.050     Increase or decrease in size or weight limits on highways if federal mandate allows or requires; rules

 

810.060     Increase in weight or size if highway found capable of supporting increase; rules

 

810.070     Use of golf carts on highways; rules

 

810.080     Pedestrian traffic

 

810.090     Bicycle racing

 

810.100     Restriction of animal traffic to bridle paths

 

810.110     Designation of through highways and stop intersections

 

810.120     Designation of no passing zones

 

810.130     One-way highways; safety zones; turns

 

810.140     Designation of exclusive use lanes

 

810.150     Drain construction; compliance with bicycle safety requirements; guidelines

 

(Parking)

 

810.160     Controlling parking on highways; limitations

 

810.170     Winter recreation parking locations; plowing; priorities; enforcement

 

(Speeds)

 

810.180     Designation of maximum speeds; rules

 

(Traffic Control Devices)

 

810.200     Uniform standards for traffic control devices; uniform system of marking and signing highways

 

810.210     Placement and control of traffic control devices

 

810.212     Requirements for certain speed limit signs

 

810.214     Signs prohibiting unmuffled engine brakes

 

810.220     Exemption from traffic control device specifications

 

810.230     Unlawful sign display; exceptions; penalty

 

810.240     Unlawful interference with traffic control device or railroad sign; penalty

 

810.243     Operation of flashing light indicating children in school zone

 

810.245     Signs giving notice of consequences of traffic offenses committed in school zones

 

810.247     Signs giving notice of multilane roundabouts

 

810.250     Use of traffic control device placement or legibility as evidence

 

810.260     Standards for installation, operation and use of traffic control signal operating devices; rules

 

COURTS

 

(Security for Appearance)

 

810.300     Security for appearance on traffic crime

 

810.310     Use of license as security deposit

 

810.320     Use of guaranteed arrest bond certificate as security deposit

 

810.330     Use of automobile membership card as security deposit

 

(Jurisdiction and Procedures)

 

810.340     Proceedings; jurisdiction of financial responsibility requirements and suspension

 

810.350     Procedures for overloading and certain other violations

 

(Court-Related Offenses)

 

810.365     Failure to appear on certain parking offenses

 

(Records)

 

810.370     Court to forward traffic conviction records to department; exceptions

 

810.375     Duties of judges or court clerks

 

POLICE

 

(General Authority)

 

810.400     Uniform or badge required

 

810.410     Arrest and citation

 

810.415     Removal of vehicles, cargo or debris from roadway after accident

 

810.420     Use of speed measuring device; citation; training

 

810.425     Procedure in certain parking cases

 

810.430     Movement of illegally parked vehicles

 

(Photo Red Light)

 

810.434     Photo red light; operation; evaluation

 

810.435     Use of photographs

 

810.436     Citations based on photo red light; response to citation

 

(Photo Radar)

 

810.438     Photo radar; authorized jurisdictions

 

810.439     Citations based on photo radar; response to citation

 

810.441     Photo radar; highway work zones

 

810.442     Citations based on photo radar in highway work zones; response to citation

 

(Temporary provisions relating to the use of photo radar in the City of Fairview are compiled as notes following ORS 810.442)

 

(Security for Appearance)

 

810.448     Security for appearance of person arrested for traffic crime

 

810.450     Security for appearance of person issued citation

 

(Accident Reports)

 

810.460     Officer’s accident report; use

 

(Stops and Inspections)

 

810.480     Inspections involving vehicle dealers and dismantlers

 

810.490     Weighing and measuring vehicles; citation; reduction of load

 

810.500     Stopping and testing vehicles for equipment violations

 

810.510     State police inspection for mechanical condition and equipment

 

810.520     Vehicle repair warning

 

OTHER ENFORCEMENT OFFICIALS

 

810.530     Authority of weighmasters and motor carrier enforcement officers

 

810.540     Enforcement of snowmobile and all-terrain vehicles violations by persons other than police officers

 

810.550     Authority of railroad officers to move illegally parked vehicles

 

810.560     Certification and training of commercial vehicle inspectors

 

ROAD AUTHORITIES

 

(Jurisdiction)

 

      810.010 Jurisdiction over highways; exception. This section designates the bodies responsible for exercising jurisdiction over certain highways when the vehicle code requires the exercise of jurisdiction by the road authority. This section does not control where a specific section of the vehicle code specifically provides for exercising jurisdiction in a manner different than provided by this section. Except as otherwise specifically provided under the code, the responsibilities designated under this section do not include responsibility for maintenance. Responsibility for maintenance is as otherwise provided by law. The following are the road authorities for the described roads:

      (1) The Department of Transportation is the road authority for all state highways in this state including interstate highways.

      (2) The county governing body is the road authority for all county roads outside the boundaries of an incorporated city.

      (3) The governing body of an incorporated city is the road authority for all highways, roads, streets and alleys, other than state highways, within the boundaries of the incorporated city.

      (4) Any other municipal body, local board or local body is the road authority for highways, other than state highways, within its boundaries if the body or board has authority to adopt and administer local police regulations over the highway under the Constitution and laws of this state.

      (5) Any federal authority granted jurisdiction over federal lands within this state under federal law or rule is the road authority for highways on those lands as provided by the federal law or rule. [1983 c.338 §145; 1985 c.16 §45]

 

      810.012 Jurisdiction over access to facilities and services from certain roads; rules. Notwithstanding any other provision of the Oregon Vehicle Code, the Oregon Transportation Commission, by rule, may establish procedures for, and certify to the Federal Highway Administration compliance with, Federal Regulation 23 C.F.R. part 658 for roads under the authority of cities and counties. [1991 c.283 §2]

 

(Roads)

 

      810.020 Regulating use of throughway. (1) Each road authority may prohibit or restrict the use of a throughway in its jurisdiction by any of the following:

      (a) Parades.

      (b) Bicycles or other nonmotorized traffic.

      (c) Motorcycles or mopeds.

      (2) Regulation under this section becomes effective when appropriate signs giving notice of the regulation are erected upon a throughway and the approaches to the throughway.

      (3) Penalties for violation of restrictions or prohibitions imposed under this section are provided under ORS 811.445.

      (4) The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. [1983 c.338 §146]

 

      810.030 Imposition of restrictions on highway use; grounds; procedure; penalties. (1) A road authority may impose restrictions described under this section on its own highways as the road authority determines necessary to do any of the following:

      (a) Protect any highway or section of highway from being unduly damaged.

      (b) Protect the interest and safety of the general public.

      (2) Restrictions that may be imposed under this section include any of the following:

      (a) Prohibition of the operation of any or all vehicles or any class or kind of vehicle.

      (b) Imposing limits on any weight or dimension of any vehicle or combination of vehicles.

      (c) Imposing any other restrictions that the road authority determines necessary to achieve the purposes of this section. This paragraph does not grant authority to impose speed restrictions.

      (3) Any restrictions or limitations imposed under this section must be imposed by proper order. The restrictions or limitations are effective when appropriate signs giving notice of the restrictions or limitations are erected. A sign giving notice of a restriction or limitation in an order shall be maintained in a conspicuous manner and shall be placed at each end of the highway or section of highway affected by the order and at such other places as is necessary to inform the public.

      (4) Penalties are provided under ORS 818.130 for violation of restrictions imposed under this section. [1983 c.338 §147; 1985 c.16 §46]

 

      810.040 Designation of truck routes; limitations; penalties. Each road authority may designate any of its highways or any section of any of its highways as a truck route and may prohibit the operation of trucks, machinery or any other large or heavy vehicles upon any other of its highways that serves the same route or area served by the truck route designated. The authority granted under this section is subject to all of the following:

      (1) The governing body of an incorporated city shall not designate a truck route or prohibit the operation of any vehicle on a:

      (a) State highway that is within the boundaries of the city without the written consent of the Department of Transportation.

      (b) County road that is within the boundaries of the city without the written consent of the governing body of the county.

      (2) Any designation or prohibition made under authority of this section must be imposed by appropriate order, resolution or ordinance.

      (3) A road authority exercising authority under this section shall erect and maintain signs in a conspicuous manner and place at each end of the highway or section of highway where a designation or prohibition is imposed to give notice of the prohibitions or designations imposed. The road authority shall erect and maintain signs giving notice of any prohibitions or designations imposed under this section at such other places as may be necessary to inform the public.

      (4) A prohibition or designation imposed under this section is effective when signs giving notice thereof are posted as required by this section.

      (5) Penalties are provided under ORS 811.450 for violation of requirements imposed under this section. [1983 c.338 §148]

 

      810.050 Increase or decrease in size or weight limits on highways if federal mandate allows or requires; rules. (1) The Department of Transportation may authorize the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a size or weight in excess of the limits under ORS 818.020, 818.090 or 818.110 if federal law permits various states to establish size and weight limits in excess of those under ORS 818.020, 818.090 or 818.110. The department shall exercise the authority granted under this subsection subject to all of the following:

      (a) The department shall only establish weight and size limits under this subsection within the limits necessary to qualify for federal aid highway funds.

      (b) The department shall exercise the authority either by adoption of a rule or resolution under ORS 810.060 or by issuance of variance permits under ORS 818.200. When the department exercises the authority under this paragraph, the weight limits or size limits established under this subsection shall apply.

      (2) The department may by rule prohibit the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a size or weight otherwise authorized by statute if the prohibition is necessary in order to qualify for federal aid highway funds.

      (3) Road authorities other than the department may increase or decrease size and weight limits on their own highways if the department exercises the authority granted under this section. The exercise of authority under this subsection is subject to all of the following:

      (a) A road authority may not exercise the authority to establish a size or weight limit that exceeds the maximum authorized by the department or to prohibit vehicles or combinations of vehicles that are not prohibited by the department under subsection (2) of this section.

      (b) The road authority shall exercise the authority either by adoption of a rule, resolution or ordinance under ORS 810.060 or by issuance of variance permits under ORS 818.200.

      (4) Penalties are provided under ORS 818.060 and 818.340 for violation of limits established under this section. [1983 c.338 §149; 1985 c.16 §47; 1993 c.510 §3]

 

      810.060 Increase in weight or size if highway found capable of supporting increase; rules. A road authority shall adopt a rule, resolution or ordinance to allow vehicles or combinations of vehicles with a loaded weight in excess of the weight limitations established by Table III under ORS 818.010 or a length or width in excess of that authorized under ORS 818.080 and 818.090 to be operated over any highway of the road authority if the road authority determines that the highway is capable of carrying greater weight, length or width. The authority granted under this section is subject to all of the following:

      (1) The authority may only be exercised by rule, resolution or ordinance.

      (2) The authority does not allow any road authority to authorize any vehicle to be operated over any highway if the vehicle has a height in excess of that allowed under ORS 818.080 and 818.090.

      (3) The provisions of any rule, resolution or ordinance adopted under this section may be amended, rescinded or repealed at any time.

      (4) The provisions of any rule, resolution or ordinance adopted under this section are subject to the maximum size, weight and width limits established under ORS 810.050.

      (5) A rule, resolution or ordinance adopted under this section shall fix the maximum loaded weight, length, width and types and classes of vehicles or combinations of vehicles that may be operated on the highway or highways or sections of highways described in the rule, resolution or ordinance.

      (6) A duplicate original of a rule or resolution adopted by the Department of Transportation under this section and an amendment to or repeal of a rule or resolution by the department shall be filed with the Secretary of State. This subsection does not require an ordinance adopted by a city or county under this section to be filed with the Secretary of State.

      (7) After the effective date of a rule, resolution or ordinance adopted under this section, a variance permit under ORS 818.200 is not required for the operation upon the described highway of a vehicle or combination of vehicles that is not in excess of the maximum loaded weight, length or width fixed by the rule, resolution or ordinance for vehicles or combinations of vehicles of that type or class.

      (8) Penalties are provided under ORS 818.060 for violation of limits established under this section. [1983 c.338 §150; 1985 c.16 §48]

 

      810.070 Use of golf carts on highways; rules. A road authority, on any of its own highways that are located adjacent to a golf course, may permit the operation of golf carts between the golf course and the place where golf carts are parked or stored or located within or bounded by a real estate development. All of the following apply to the authority granted under this section:

      (1) Exercise of the authority granted under this section must be by means of an ordinance.

      (2) The authority granted under this section may only be exercised where the combined operation of golf carts and regular vehicle traffic can be accomplished safely.

      (3) A road authority shall prescribe rules and shall regulate the combined operation of golf carts and vehicles when permitted under this section. The rules may establish speed limits and other operating standards but shall not require that golf carts conform with the vehicle equipment laws under the vehicle code.

      (4) A designation of combined operation under this section or rules instituted under this section are effective when appropriate signs giving notice thereof are posted along the affected highway and are not effective before such posting.

      (5) If a designation is made under this section to permit combined operation, the golf carts operated in accordance with the designation and rules adopted by the road authority qualifies for the exemptions under ORS 820.210.

      (6) This section only applies to real estate developments that have single or multiple family residences whose owners or occupants are eligible for membership in or the use of one or more golf courses within the development by virtue of ownership or occupancy of a residential dwelling unit in the development.

      (7) This section neither grants authority to nor limits the authority of the Department of Transportation. [1983 c.338 §151; 2003 c.757 §2]

 

      810.080 Pedestrian traffic. (1) Road authorities may regulate the movement of pedestrians upon highways within their jurisdictions by doing any of the following:

      (a) Establishing marked crosswalks and designating them by appropriate marking.

      (b) Closing a marked or unmarked crosswalk and prohibiting pedestrians from crossing a roadway where a crosswalk has been closed by placing and maintaining signs giving notice of closure.

      (c) Prohibiting pedestrians from crossing a highway at any place other than within a marked or unmarked crosswalk.

      (2) This section neither grants authority to nor limits the authority of the Department of Transportation. [1983 c.338 §152]

 

      810.090 Bicycle racing. Bicycle racing is permitted on any highway in this state upon the approval of, and under conditions imposed by, the road authority for the highway on which the race is held. [1983 c.338 §153]

 

      810.100 Restriction of animal traffic to bridle paths. Each incorporated community within this state has power, by law or ordinance duly enacted, to regulate the use of its streets by horses and other animals to the extent that bridle paths may be designated upon certain streets and the animals may be prohibited on other streets. [1983 c.338 §154]

 

      810.110 Designation of through highways and stop intersections. (1) Each road authority may do any of the following on its own highways:

      (a) Designate a main traveled or through highway by placing traffic control devices at the entrances to the highway from intersecting highways to notify drivers to stop or yield the right of way before entering or crossing the designated highway.

      (b) Designate intersections or other roadway junctions at which vehicle traffic on one or more of the highways should yield or stop before entering the intersection or junction.

      (2) The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. [1983 c.338 §155]

 

      810.120 Designation of no passing zones. (1) Each road authority may do the following on its own highways:

      (a) Determine where overtaking or passing or driving to the left of the center of the roadway would be especially hazardous; and

      (b) Establish zones on the roadway where overtaking or passing or driving to the left of the center of the roadway are prohibited because such would be especially hazardous.

      (2) To establish a zone under this section, a road authority must do all of the following:

      (a) Determine that a need for a zone exists in accordance with standards and procedures adopted by the Department of Transportation.

      (b) Mark the zone by appropriate signs or by a yellow unbroken line on the pavement of the right-hand side of and adjacent to the center line or a lane line of the roadway to indicate the beginning and end of the zone.

      (3) Penalties are provided under ORS 811.420 for passing in a no passing zone designated under this section. [1983 c.338 §156]

 

      810.130 One-way highways; safety zones; turns. The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. Each road authority may do any of the following on its own highways, subject to any limitations described:

      (1) Designate a highway or section or specific lane on a highway where vehicle traffic must proceed in one direction at all times or at times indicated by traffic control devices. A designation under this subsection shall become effective when appropriate signs are posted. The authority granted by this subsection is subject to the following limitations:

      (a) A local authority shall not designate any highway within its boundaries as a one-way highway if the highway is under the jurisdiction of the commission unless the local authority first obtains the written consent of the commission.

      (b) A city shall not designate any highway within its boundaries as a one-way highway if the highway is under the jurisdiction of a county unless the city first obtains the written consent of the county.

      (2) Designate places on highways as safety zones and regulate and control traffic with respect to the safety zones. A designation under this subsection shall become effective when appropriate signs are posted.

      (3) Where traffic conditions warrant, prohibit right or left turns at intersections or prohibit U-turns by all vehicles or by certain types of vehicles.

      (4) Require and direct that a different course than that specified under ORS 811.340, 811.345 and 811.355 be traveled by vehicles at or proceeding through intersections. A requirement under this subsection is effective when appropriate traffic control devices are placed within or adjacent to the intersections.

      (5) Designate locations on highways where vehicles operated by districts described under ORS chapter 267 for the purpose of providing public transportation or substantially similar vehicles used for the same purpose may proceed in directions prohibited to other traffic. Locations may be designated under this subsection only if an engineering study indicates that the movement may be made safely in the designated area. Designations under this subsection shall be effective when indicated by appropriate official traffic control devices. [1983 c.338 §157; 1985 c.16 §49]

 

      810.140 Designation of exclusive use lanes. (1) Any road authority may designate lanes on its own highways that are to be used exclusively by buses or high occupancy-use passenger vehicles for the purpose of conserving energy and facilitating public transportation.

      (2) Any restriction or limitation imposed under this section must be imposed by proper order. The restriction or limitation is effective when appropriate signs giving notice of the restriction or limitation are erected. A sign giving notice of a restriction or limitation shall be maintained in a conspicuous manner and shall be placed at each end of the highway or section of highway affected by the restriction or limitation and at such other places as necessary to inform the public.

      (3) Penalties are provided under ORS 811.265 for failure to obey signs giving notice of any limitations or restrictions imposed under this section. [1983 c.338 §158; 1985 c.16 §50]

 

      810.150 Drain construction; compliance with bicycle safety requirements; guidelines. (1) Street drains, sewer drains, storm drains and other similar openings in a roadbed over which traffic must pass that are in any portion of a public way, highway, road, street, footpath or bicycle trail that is available for use by bicycle traffic shall be designed and installed, including any modification of existing drains, with grates or covers so that bicycle traffic may pass over the drains safely and without obstruction or interference.

      (2) The Department of Transportation shall adopt construction guidelines for the design of public ways in accordance with this section. Limitations on the applicability of the guidelines are established under ORS 801.030. [1983 c.338 §159]

(Parking)

 

      810.160 Controlling parking on highways; limitations. Except as otherwise provided in this section, each road authority has exclusive authority to regulate, control or prohibit the stopping, standing and parking of vehicles upon its own highways. The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. The authority granted in this section is subject to all of the following:

      (1) The commission has exclusive authority to regulate, control or prohibit the stopping, standing and parking on all state highways:

      (a) Within the corporate limits of a city except where the highway is routed over a city street under ORS 373.010.

      (b) Within the corporate limits of any city if access to or from the section of highway and real property abutting thereon was restricted, controlled or prohibited by the commission before the section of highway was included within the corporate limits of the city.

      (2) Road authorities other than the commission may permit angle parking on any highway where parking is subject to their jurisdiction under this section. For cities, this subsection includes authority to permit angle parking on any city street selected and designated as the route of a state highway under ORS 373.010 and, subject to the authority of the commission under this section, any state highway within the corporate limits of the city. This subsection does not allow any road authority to permit angle parking on a state highway if the commission determines that the highway is not of sufficient width to permit angle parking without interfering with the free movement of traffic.

      (3) All regulations, restrictions or prohibitions imposed by the commission under this section shall be by resolution or order entered in the commission’s official records.

      (4) Regulations, restrictions or prohibitions imposed by the commission under this section shall become effective and have the force of law when signs or markings giving notice thereof have been placed. To comply with this subsection, the commission shall place and maintain appropriate signs or markings at such places as may be necessary to inform the public and to give notice of all regulations, restrictions or prohibitions the commission establishes under this section.

      (5) Penalties are provided under ORS 811.575 for violation of restrictions placed on state highways under this section. [1983 c.338 §160]

 

      810.170 Winter recreation parking locations; plowing; priorities; enforcement. (1) The Oregon Transportation Commission shall designate winter recreation parking locations throughout this state where parking is prohibited under ORS 811.590 except for vehicles exempted under that section and vehicles with winter recreation parking permits issued under ORS 811.595. The commission may identify access roads to winter recreation facilities, roadside plow-outs and other areas as winter recreation parking locations under this section. The commission shall designate winter recreation parking locations under this section after consultation with the Winter Recreation Advisory Committee established under ORS 802.350 and with land management agencies managing adjacent land.

      (2) The commission shall establish priorities for plowing the winter recreation parking locations established under this section. The commission shall establish priorities under this section after consultation with the Winter Recreation Advisory Committee established under ORS 802.350. The Department of Transportation shall provide for the removal of snow accumulating on winter recreation parking locations established under this section according to the priorities established by the commission under this section. Snow removal provided for under this subsection may be performed by any of the following:

      (a) By the department itself.

      (b) By persons with whom the department contracts. If the department contracts with persons for the removal of snow under this paragraph payments under the contracts shall be made from funds designated for that purpose under ORS 802.110.

      (3) The commission may enter into agreements with county or municipal law enforcement agencies or individual police officers for the enforcement of ORS 811.590. The commission shall only enter into agreements under this subsection after consultation with the Winter Recreation Advisory Committee established under ORS 802.350. [1983 c.338 §161]

 

(Speeds)

 

      810.180 Designation of maximum speeds; rules. (1) As used in this section:

      (a) “Designated speed” means the speed that is designated by a road authority as the maximum permissible speed for a highway and that may be different from the statutory speed for the highway.

      (b) “Statutory speed” means the speed that is established as a speed limit under ORS 811.111, or is established as the speed the exceeding of which is prima facie evidence of violation of the basic speed rule under ORS 811.105.

      (2)(a) A designated speed established under this section is a speed limit if the highway for which the speed is designated is subject to a statutory speed limit under ORS 811.111 that is in addition to the speed limit established under ORS 811.111 (1)(b).

      (b) A speed greater than a designated speed established under this section is prima facie evidence of violation of the basic speed rule if the designated speed is established for a highway on which there is no speed limit other than the limit established under ORS 811.111 (1)(b).

      (3) The Department of Transportation may establish by rule designated speeds on any specified section of interstate highway if the department determines that speed limits established under ORS 811.111 (1) are greater or less than is reasonable or safe under the conditions that exist with respect to that section of the interstate highway. Designated speeds established under this subsection are subject to all of the following:

      (a) The department may not establish a designated speed under this subsection of more than:

      (A) Sixty-five miles per hour for vehicles described in ORS 811.111 (1)(b); and

      (B) Seventy miles per hour for all other vehicles.

      (b) If the department establishes designated speeds under this subsection that are greater than 65 miles per hour, the designated speed for vehicles described in ORS 811.111 (1)(b) must be at least five miles per hour lower than the designated speed for all other vehicles on the specified section of interstate highway.

      (c) The department may establish a designated speed under this subsection only if an engineering and traffic investigation indicates that the statutory speed for the interstate highway is greater or less than is reasonable or safe under conditions the department finds to exist.

      (d) A designated speed established under this subsection is effective when appropriate signs giving notice of the designated speed are posted on the section of interstate highway where the designated speed is imposed.

      (4)(a) The department may establish, pursuant to a process established by rule, a designated speed on a state highway outside of a city. The authority granted under this subsection includes, but is not limited to, the authority to establish different designated speeds for different kinds or classes of vehicles as the department determines reasonable and safe. A designated speed established under this subsection for any kind or class of vehicles may not exceed the speed limit for the highway for that kind or class of vehicles as established in ORS 811.111 or, if there is no speed limit for the highway other than the limit established in ORS 811.111 (1)(b), may not exceed 55 miles per hour.

      (b) The department may establish a designated speed under this subsection only if an engineering and traffic investigation indicates that the statutory speed for the highway is greater or less than is reasonable or safe under conditions the department finds to exist.

      (c) A designated speed established under this subsection is effective when appropriate signs giving notice of the designated speed are posted on the portion of highway where the designated speed is imposed.

      (5) After a written request is received from a road authority for a highway other than a highway described in subsection (3) or (4) of this section, the department, pursuant to a process established by rule, may establish a designated speed for the highway. The authority granted under this subsection includes, but is not limited to, the authority to establish different designated 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 written request from the road authority must state a recommended designated speed.

      (b) The department may establish a designated speed under this subsection only if an engineering and traffic investigation indicates that the statutory speed for the highway is greater or less than is reasonable or safe under conditions the department finds to exist.

      (c) The department may not make a final decision to establish a designated speed under this subsection without providing the affected road authorities with notice and opportunity for a hearing.

      (d) A road authority may file a written objection to a designated speed that is proposed by the department under this subsection and that affects the road authority.

      (e) A designated speed established under this subsection is effective when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed. The expense of erecting any sign under this subsection shall be borne by the road authority having jurisdiction over the portion of the highway where the designated speed is imposed.

      (f) The department, pursuant to a process established by rule, may delegate its authority under this subsection with respect to highways that are low volume or unpaved 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.

      (6) The department may override the speed limit established for ocean shores under ORS 811.111 (1)(c) and establish a designated speed of less than 25 miles per hour on any specified section of ocean shore if the department determines that the speed limit established under ORS 811.111 (1)(c) 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 designated speed established under this subsection is effective when posted upon appropriate fixed or variable signs on the portion of ocean shore where the designated speed is imposed.

      (7) A road authority may adopt a designated speed to regulate the speed of vehicles in parks under the jurisdiction of the road authority. A road authority regulating the speed of vehicles under this subsection shall post and maintain signs at all park entrances to give notice of any designated speed.

      (8) A road authority may establish by ordinance or order a temporary designated speed for highways in its jurisdiction that is lower than the statutory speed. A temporary designated speed may be established under this subsection if, in the judgment of the road authority, the temporary designated speed is necessary to protect any portion of the highway from being unduly damaged, or to protect the safety of the public and workers when temporary conditions such as construction or maintenance activities constitute a danger. The following apply to the authority granted under this subsection:

      (a) Statutory speeds may be overridden by a temporary designated speed only:

      (A) For a specific period of time for all vehicles; or

      (B) For a specified period of time for a specific kind or class of vehicle that is causing identified damage to highways.

      (b) This subsection may not be used to establish a permanent designated speed.

      (c) The authority granted by this subsection may be exercised only if the ordinance or order that imposes the temporary designated speed:

      (A) Specifies the hazard, damage or other condition requiring the temporary designated speed; and

      (B) Is effective only for a specified time that corresponds to the hazard, damage or other condition specified.

      (d) A temporary designated speed imposed under this subsection must be imposed by a proper written ordinance or order. A sign giving notice of the temporary designated speed must be posted at each end of the portion of highway where the temporary designated speed is imposed and at such other places on the highway as may be necessary to inform the public. The temporary designated speed shall be effective when signs giving notice of the temporary designated speed are posted.

      (9) A road authority may establish an emergency speed on any highway under the jurisdiction of the road authority that is different from the existing speed on the highway. The authority granted under this subsection is subject to all of the following:

      (a) A speed established under this subsection is effective when appropriate signs giving notice thereof are posted upon the highway or portion of highway where the emergency speed is imposed. All signs posted under this subsection must comply with ORS 810.200.

      (b) The expense of posting any sign under this subsection shall be borne by the road authority having jurisdiction over the highway or portion of highway where the emergency speed is imposed.

      (c) A speed established under this subsection may be effective for not more than 120 days.

      (10) A road authority may establish by ordinance a designated speed for a highway under the jurisdiction of the road authority that is five miles per hour lower than the statutory speed. The following apply to the authority granted under this subsection:

      (a) The highway is located in a residence district.

      (b) The statutory speed may be overridden by a designated speed only if:

      (A) The road authority determines that the highway has an average volume of fewer than 2,000 motor vehicles per day, more than 85 percent of which are traveling less than 30 miles per hour; and

      (B) There is a traffic control device on the highway that indicates the presence of pedestrians or bicyclists.

      (c) The road authority shall post a sign giving notice of the designated speed at each end of the portion of highway where the designated speed is imposed and at such other places on the highway as may be necessary to inform the public. The designated speed shall be effective when signs giving notice of the designated speed are posted. [1983 c.338 §162; 1985 c.16 §51; 1987 c.887 §8; 1989 c.592 §3; 1991 c.728 §3; 1993 c.742 §118; 1995 c.79 §371; 1997 c.249 §227; 1999 c.59 §240; 2003 c.819 §2; 2005 c.77 §1; 2005 c.507 §1; 2011 c.384 §1]

 

      810.190 [1983 c.338 §163; 1985 c.16 §52; repealed by 1993 c.742 §117]

 

(Traffic Control Devices)

 

      810.200 Uniform standards for traffic control devices; uniform system of marking and signing highways. (1) The Oregon Transportation Commission may exercise the following authority with respect to the marking, signing and use of traffic control devices in this state:

      (a) The commission shall adopt a manual and specifications of uniform standards for traffic control devices consistent with the provisions of the vehicle code for use upon highways in this state.

      (b) The commission is authorized to provide a uniform system of marking and signing highways within the boundaries of this state.

      (c) The commission is authorized to determine the character or type of traffic control devices to be used in this state.

      (2) The authority granted under this section is subject to all of the following:

      (a) The system of marking and signing established under this section shall correlate with and, as far as possible, conform to the system adopted in other states. The commission may include in the system signs and signals that show internationally recognized and approved symbols.

      (b) So far as practicable, all traffic control devices in this state shall be uniform as to type and location.

      (c) All traffic control devices placed or operated in this state shall conform to specifications approved by the commission.

      (d) Stop signs and yield signs shall be illuminated at night or so placed as to be illuminated by the headlights of approaching vehicles or by street lights. [1983 c.338 §164; 1985 c.16 §53; 1993 c.522 §2]

 

      810.210 Placement and control of traffic control devices. (1) The Oregon Transportation Commission is vested with exclusive jurisdiction over the installation at railroad-highway grade crossings of signs, signals, gates, protective devices or any other device to warn or protect the public at a railroad-highway crossing. The commission is granted exclusive authority under this subsection to determine the character or type of device to be used.

      (2) Each road authority shall place, maintain and control traffic control devices used upon its own highway as the road authority considers necessary for the safe and expeditious control of traffic, necessary to carry out the provisions of the vehicle code or local traffic ordinances or necessary to regulate, warn or guide traffic. The commission shall act as road authority under this section in lieu of the Department of Transportation. The authority granted under this subsection is subject to all of the following:

      (a) All traffic control devices erected and used under this subsection shall conform to the state manual and specifications established under ORS 810.200.

      (b) The commission has general supervision with respect to the placing, construction and operation of traffic control devices under this subsection for the purpose of obtaining, so far as practicable, uniformity as to type and location of traffic control devices throughout the state.

      (c) Only the commission has authority over a state highway whether or not the state highway is within the jurisdiction of another road authority. No traffic control device shall be erected, maintained or operated upon any state highway under this subsection by any authority other than the commission, except with the written approval of the commission.

      (d) When the governing body of a city makes a determination that placement or construction of a traffic control device on a highway within the city selected as a state highway under ORS 373.010 is necessary to carry out the provisions of the vehicle code or to regulate, warn or guide traffic, the city governing body shall submit written findings and recommendations to the Director of Transportation in support of placing or constructing the traffic control device on the state highway. If the director approves the findings and recommendations, the director shall notify the city governing body in writing and proceed to place or construct the traffic control device in accordance with the findings and recommendations. If the director does not notify the governing body of disapproval within 90 days after receipt of the findings and recommendations, the findings and recommendations shall be considered approved and the director shall proceed to place or construct the traffic control device in accordance with the findings and recommendations.

      (e) The commission is authorized to classify, designate and mark both interstate and intrastate highways within the boundaries of this state. [1983 c.338 §165; 1985 c.16 §54; 1993 c.522 §3; 1993 c.741 §84; 1995 c.733 §88]

 

      810.212 Requirements for certain speed limit signs. Any sign that is posted on a highway in this state that expresses a speed limit in kilometers per hour shall also show the speed limit in miles per hour. The limit in miles per hour shall be printed above the limit in kilometers per hour and shall be of equal size lettering. [1993 c.284 §2]

 

      810.214 Signs prohibiting unmuffled engine brakes. (1) The Oregon Transportation Commission shall adopt uniform standards for posting signs prohibiting the use of unmuffled engine brakes as described in ORS 811.492.

      (2) The commission is authorized to provide a uniform system of posting signs within the boundaries of the state. Any sign posted shall inform the driver that the use of unmuffled engine braking is prohibited and shall give the dollar amount of the maximum fine provided for violation of ORS 811.492.

      (3) All signs placed shall conform to specifications approved by the commission. The commission may use signs that show internationally recognized and approved symbols. [1993 c.314 §11; 1999 c.1051 §228]

 

      810.220 Exemption from traffic control device specifications. Official traffic control devices placed or constructed by road authorities before June 27, 1975, are not required to conform to specifications and location criteria approved by the Oregon Transportation Commission. Any new or amended specifications approved by the commission under ORS 810.200 after June 27, 1975, for the placement or construction of traffic control devices do not apply to such devices in place on June 27, 1975. However within a reasonable period after June 27, 1975, traffic control devices shall be altered or relocated to comply with the manual and specifications under ORS 810.200. [1983 c.338 §166]

 

      810.230 Unlawful sign display; exceptions; penalty. (1) A person commits the offense of unlawful sign display if the person does any of the following:

      (a) Without authority under ORS 810.200 or 810.210, places, maintains or displays upon or in view of any highway any sign, signal, marking or device that:

      (A) Purports to be or is an imitation or resembles an official traffic control device or railroad sign or signal;

      (B) Attempts to direct the movement of animal, pedestrian, vehicle or any other traffic; or

      (C) Hides from view or interferes with the effectiveness of a traffic control device or railroad sign or signal.

      (b) Places or maintains upon any highway any traffic sign or signal bearing thereon any commercial advertising device.

      (2) This section does not prohibit the placing and maintaining of signs, markers or signals bearing thereon the name of an organization authorized to place the same by the appropriate public authority.

      (3) Every prohibited sign, signal, marking or device is hereby declared to be a public nuisance and the authority with jurisdiction over the highway, without notice, may remove it or cause it to be moved.

      (4) The offense described in this section, unlawful sign display, is a Class B traffic violation. [1983 c.338 §708; 1985 c.16 §342; 1995 c.383 §41]

 

      810.240 Unlawful interference with traffic control device or railroad sign; penalty. (1) A person commits the offense of unlawful interference with a traffic control device or railroad sign if the person, without lawful authority and with criminal negligence, attempts to or does alter, deface, injure, knock down or remove any traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon or any other part thereof.

      (2) The offense described in this section, unlawful interference with traffic control device or railroad sign, is a Class A traffic violation. [1983 c.338 §709; 1995 c.383 §11]

 

      810.243 Operation of flashing light indicating children in school zone. A flashing light used as a traffic control device to indicate that children may be arriving at or leaving school that is operated to give notice under ORS 811.111 or 811.235 may be operated only at times when children are scheduled to arrive at or leave the school. [Formerly 811.106]

 

      810.245 Signs giving notice of consequences of traffic offenses committed in school zones. A road authority may post signs designed to give motorists notice of the provisions of ORS 811.235. The road authority may also develop procedures that enable individuals or entities to petition and pay for the erection of signs described in this section. [1997 c.682 §6]

 

      810.247 Signs giving notice of multilane roundabouts. A road authority shall place signs prior to each multilane roundabout located on a highway under its jurisdiction that warns drivers of the hazard of driving next to a commercial motor vehicle. [2011 c.85 §4]

 

      810.250 Use of traffic control device placement or legibility as evidence. (1) A person shall not be convicted of violating a provision of the vehicle code for which an official traffic control device is required if the device is not in proper position and legible to a reasonably observant person at the time and place of the alleged violation.

      (2) Whenever a particular section of the vehicle code does not state that traffic control devices are required, the section is effective even though no devices are erected or in place.

      (3) When a traffic control device is placed in position approximately conforming to the requirements of the traffic regulations or other laws of this state, the device is presumed to have been placed by an official act or at the direction of lawful authority unless the contrary is established by competent evidence.

      (4) A traffic control device placed under the vehicle code or other laws or regulations of this state and purporting to conform to the lawful requirements pertaining to that device is presumed to comply with the requirements of the vehicle code unless the contrary is established by competent evidence. [1983 c.338 §167]

      810.260 Standards for installation, operation and use of traffic control signal operating devices; rules. (1) The Department of Transportation shall adopt standards for the installation, operation and use of traffic control signal operating devices authorized under ORS 815.445. In adopting standards, the department shall consider the impact of traffic control signal operating devices on:

      (a) Safety.

      (b) The efficiency of emergency response operations.

      (c) The requirements for traffic signal maintenance.

      (d) The efficiency of public transit operations.

      (e) Traffic flow.

      (2) The Department of Transportation shall adopt rules establishing priorities and preemptive use among users of traffic control signal operating devices. The rules shall take into account:

      (a) Local standards for response times to emergencies by emergency service providers; and

      (b) The weight, operating speed and braking distance required for vehicles operated by all authorized users. [1997 c.507 §5]

 

COURTS

 

(Security for Appearance)

 

      810.300 Security for appearance on traffic crime. (1) A court, including a magistrate or clerk or deputy clerk authorized by the magistrate, shall release a person brought before it if the person gives an adequate undertaking to appear in answer to the offense at the time and place fixed by the court. A court, as it deems appropriate, is authorized to accept and may require any of the following as security for the appearance of an arrested person before the court on a traffic crime:

      (a) An automobile membership card as described under ORS 810.330 and subject to limitations under that section.

      (b) A guaranteed arrest bond certificate as described under ORS 810.320 and subject to limitations under that section.

      (c) A license as described under ORS 810.310 and subject to limitations under that section.

      (d) Such sum as may be required by the court.

      (2) A magistrate or clerk or deputy clerk authorized by the magistrate has authority to accept security for the appearance of a person arrested for a traffic crime and brought before the magistrate or clerk or deputy clerk, as provided in this section. The following apply to security that is accepted by a court under this section or that is forwarded to a court by a police office under ORS 810.448 or 810.450:

      (a) The security shall be returned to the person when the person delivers any security amount required by the court. The court may require that any moneys deposited as security be applied against the security amount set by the court.

      (b) If the magistrate does not have jurisdiction of the crime, the magistrate shall promptly forward the security accepted and all documents in connection with the case to the most conveniently located court having jurisdiction of the crime and in which the venue may properly be laid. [1983 c.338 §376; 1999 c.1051 §285]

 

      810.310 Use of license as security deposit. The current valid license of a person that is issued by this state is acceptable, when authorized under ORS 810.300, as a security deposit for a person on a traffic crime. The use of a license as security under this section is subject to all of the following:

      (1) Upon acceptance of the license as security, the magistrate or clerk or deputy clerk authorized by the magistrate shall issue the person a court bail driver permit under ORS 807.330.

      (2) If the person appears at the time fixed, the person’s license shall be returned to the person unless taken up by the court under ORS 809.275.

      (3) If the person fails to appear at the time fixed, the court shall forward the license to the Department of Transportation along with a notification that the person failed to appear and a notification to suspend the driving privileges of the person. The department shall take action on the license and notice as provided under ORS 809.280. [1983 c.338 §377; 1985 c.16 §196; 1993 c.627 §4; 1999 c.1051 §286]

 

      810.320 Use of guaranteed arrest bond certificate as security deposit. The unexpired guaranteed arrest bond certificate, as defined in ORS 742.372, of a member of an automobile club or automobile association is acceptable, when authorized under ORS 810.300, 810.448 or 810.450, as a security deposit for that member for any traffic crime, other than a felony, if the security deposit required does not exceed $1,000. The use of an unexpired guaranteed arrest bond certificate as a security deposit under this section is subject to all of the following:

      (1) To qualify for use as a security deposit, a guaranteed arrest bond certificate must have a surety company that has become a surety on the certificate as provided under ORS 742.372 to 742.376.

      (2) If the individual does not make the appearance, the surety for the certificate is subject on the undertaking of the surety under ORS 742.374 to any forfeiture or enforcement provision of any statute, charter or ordinance that otherwise applies to security deposits on their undertaking. [1983 c.338 §378; 1985 c.16 §197; 1989 c.634 §4; 1999 c.1051 §287]

 

      810.330 Use of automobile membership card as security deposit. The unexpired membership card of any member of an automobile association is acceptable as a security deposit for that member as provided under this section. The use of an unexpired membership card as security deposit is subject to the following:

      (1) The membership card may only be used as a security deposit:

      (a) For the violation of any motor vehicle law of this state or traffic crime of any city in this state if the security amount in any individual case does not exceed $1,000; and

      (b) When authorized under ORS 810.300, 810.448 or 810.450.

      (2) To qualify for use as a security deposit, the membership card must be the card of an automobile association incorporated under the laws of this state that has deposited with and maintains with the State Treasurer the sum of $2,000 in cash or in bonds approved by the State Treasurer.

      (3) If a person deposits that person’s membership card as a security deposit and the person fails or neglects to appear in court at the time and place required, the magistrate or other officer before whom the case is brought, upon declaring a forfeiture of the security amount, shall at once notify the association of the forfeiture, and the amount thereof, by mail.

      (4) The association, within five days after the receipt of notice, under subsection (2) of this section, shall remit the amount of the security amount so forfeited to the magistrate or other officer. If the association fails or refuses to remit the security amount within that period, the magistrate or other officer having the matter in charge or the district attorney shall notify the State Treasurer, who shall:

      (a) Pay the security amount to the officer or magistrate lawfully entitled to receive it;

      (b) Deduct that amount from the amount of deposit with the State Treasurer by the association under this section; and

      (c) Immediately notify the association and require it to deposit a like sum with the State Treasurer.

      (5) If the association fails or neglects for a period of 10 days to comply with the notice of the treasurer under subsection (3) of this section, the membership cards of such association shall not thereafter be accepted as a security deposit while the default continues.

      (6) Upon the payment of the security amount under this section by the association, the membership card so deposited shall be immediately returned to the association by the officer who accepted it as a security deposit. [1983 c.338 §379; 1989 c.634 §5; 1999 c.1051 §288]

 

(Jurisdiction and Procedures)

 

      810.340 Proceedings; jurisdiction of financial responsibility requirements and suspension. (1) All proceedings concerning traffic offenses shall conform to the provisions of the vehicle code and those provisions of ORS chapter 153 relating to traffic offenses.

      (2) All circuit courts, municipal courts and justices of the peace have concurrent jurisdiction, within their respective city or county, of all violations of the provisions of the vehicle code relating to financial responsibility requirements or the suspension of driving privileges or registration. [1983 c.338 §380; 1985 c.16 §198; 1985 c.173 §5; 1985 c.725 §15; 1999 c.788 §60; 1999 c.1051 §141]

 

      810.350 Procedures for overloading and certain other violations. (1) For offenses described in this section, a court or judicial officer:

      (a) Shall make the owner or lessee of the vehicle a codefendant if appearance has not been made by the driver within 15 days of the date the driver was cited to appear in court.

      (b) May dismiss the charges against the driver if the court finds:

      (A) That the owner or lessee of the vehicle caused or permitted the driver to operate the vehicle or combination of vehicles in violation of the offenses described in this section; and

      (B) That the owner or lessee is guilty of violating any such provision.

      (2) This section applies to the following offenses:

      (a) Operation without payment of appropriate registration fees under ORS 803.315.

      (b) Violation of maximum weight limits under ORS 818.020.

      (c) Violation of administratively imposed weight or size limits under ORS 818.060.

      (d) Violation of maximum size limits under ORS 818.090.

      (e) Exceeding maximum number of vehicles under ORS 818.110.

      (f) Violation of posted limits on use of road under ORS 818.130.

      (g) Violation of towing safety requirements under ORS 818.160.

      (h) Operating a sifting or leaking load under ORS 818.300.

      (i) Dragging objects on a highway under ORS 818.320.

      (j) Unlawful use of devices without wheels under ORS 815.155.

      (k) Unlawful use of metal objects on tires under ORS 815.160.

      (L) Operation without pneumatic tires under ORS 815.170.

      (m) Operation in violation of a vehicle variance permit under ORS 818.340.

      (n) Failure to carry and display a permit under ORS 818.350.

      (o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400. [1983 c.338 §381]

 

      810.360 [1983 c.338 §383; repealed by 1999 c.1051 §32]

 

(Court-Related Offenses)

 

      810.365 Failure to appear on certain parking offenses. If a vehicle owner cited under ORS 810.425 to appear in a circuit or justice court upon an alleged parking offense fails to appear on or before the date and time stated on the citation, the court and the Department of Transportation may take such actions as are otherwise authorized by law under the Oregon Vehicle Code in the case of a failure to appear, except that in no case may a warrant of arrest be issued nor a criminal prosecution for failure to appear be commenced unless the citing or prosecuting authority, more than 10 days prior thereto, has sent a letter to the registered owner at the address shown upon the records of the department advising the owner of the charge pending and informing the owner that the owner may be subject to arrest if the owner does not appear in the court within 10 days to answer the charge. The letter must be sent by certified mail, restricted delivery, return receipt requested. A warrant of arrest may not be issued nor a criminal prosecution for failure to appear be commenced if such a letter has not been sent or if the owner appears in court to answer the charge within 10 days after receiving the letter. [1987 c.687 §3; 1995 c.658 §115; 1999 c.59 §241; 1999 c.1051 §289; 2003 c.14 §489]

 

(Records)

 

      810.370 Court to forward traffic conviction records to department; exceptions. (1) Within the time required by this section of the conviction, every court with jurisdiction over the offenses described in this section shall forward to the Department of Transportation a record of the conviction of any person in such court for a violation of any of the following that regulate the operation of motor vehicles on highways or streets:

      (a) Offenses committed under the vehicle code or any other statute of this state.

      (b) Offenses committed under any municipal ordinance.

      (2) To comply with this section, a court must forward the record of conviction containing the date of any offense, any arrest and conviction. The record must be forwarded to the department within 24 hours of the time the defendant was sentenced by the court.

      (3) A court is not required by this section to forward to the department a record of conviction for violation of any offense under any of the following sections: ORS 810.090, 811.555, 811.570, 811.580, 814.020 to 814.080, 814.120, 814.230, 814.410 to 814.480, 815.155, 815.160, 815.170, 818.020, 818.040, 818.060, 818.090, 818.110, 818.130, 818.160, 818.300, 818.320, 818.340, 818.350, 818.400, 820.400 or 822.220. [1983 c.338 §384; 1985 c.16 §199; 1987 c.138 §1]

 

      810.375 Duties of judges or court clerks. (1) The judge or clerk of every court of this state having jurisdiction of any traffic offense, including all local and municipal judicial officers in this state:

      (a) Shall keep a full record of every case in which a person is charged with any such offense.

      (b) Shall send the Department of Transportation an abstract of conviction for any person who is convicted.

      (c) Shall send the department a copy of any final judgment of conviction of any person which results in mandatory suspension or revocation of driving privileges or commercial driver license under ORS 809.404, 809.409, 809.411, 809.413, 809.535, 813.400 or 813.403.

      (d) Shall send the department a copy of any final judgment finding a person charged with a traffic offense guilty except for insanity and committed to the jurisdiction of the Psychiatric Security Review Board or the Oregon Health Authority under ORS 161.315 to 161.351.

      (2) The department shall keep such records in its office, and they shall be open to the inspection of any person during reasonable business hours.

      (3) To comply with this section, a judge or clerk must comply with the following:

      (a) Any information required by this section to be sent to the department must be sent within the time provided under ORS 810.370 and must include information required by ORS 810.370.

      (b) Information shall not be sent to the department under this section concerning convictions excluded from ORS 810.370. [Formerly 153.625; 2001 c.492 §8; 2003 c.402 §35; 2005 c.649 §18; 2011 c.708 §30]

 

      Note: The amendments to 810.375 by section 24, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      810.375. (1) The judge or clerk of every court of this state having jurisdiction of any traffic offense, including all local and municipal judicial officers in this state:

      (a) Shall keep a full record of every case in which a person is charged with any such offense.

      (b) Shall send the Department of Transportation an abstract of conviction for any person who is convicted.

      (c) Shall send the department a copy of any final judgment of conviction of any person that results in mandatory suspension or revocation of driving privileges or commercial driving privileges under ORS 809.409, 809.411, 809.510 to 809.545 or 813.400.

      (d) Shall send the department a copy of any final judgment finding a person charged with a traffic offense guilty except for insanity and committed to the jurisdiction of the Psychiatric Security Review Board or the Oregon Health Authority under ORS 161.315 to 161.351.

      (2) The department shall keep such records in its office, and they shall be open to the inspection of any person during reasonable business hours.

      (3) To comply with this section, a judge or clerk must comply with the following:

      (a) Any information required by this section to be sent to the department must be sent within the time provided under ORS 810.370 and must include information required by ORS 810.370.

      (b) Information may not be sent to the department under this section concerning convictions excluded from ORS 810.370.

 

      810.380 [1985 c.744 §3; 1987 c.730 §19; 1987 c.904 §2; repealed by 1987 c.905 §37]

 

POLICE

 

(General Authority)

 

      810.400 Uniform or badge required. Any police officer attempting to enforce the traffic laws of this state shall be in uniform or shall conspicuously display an official identification card showing the officer’s lawful authority. [1983 c.338 §399]

 

      810.410 Arrest and citation. (1) A police officer may arrest or issue a citation to a person for a traffic crime at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act as provided by ORS 133.235 and 133.310.

      (2) A police officer may issue a citation to a person for a traffic violation at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act:

      (a) When the traffic violation is committed in the police officer’s presence; or

      (b) When the police officer has probable cause to believe an offense has occurred based on a description of the vehicle or other information received from a police officer who observed the traffic violation.

      (3) A police officer:

      (a) Shall not arrest a person for a traffic violation.

      (b) May stop and detain a person for a traffic violation for the purposes of investigation reasonably related to the traffic violation, identification and issuance of citation.

      (c) May make an inquiry into circumstances arising during the course of a detention and investigation under paragraph (b) of this subsection that give rise to a reasonable suspicion of criminal activity.

      (d) May make an inquiry to ensure the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons.

      (e) May request consent to search in relation to the circumstances referred to in paragraph (c) of this subsection or to search for items of evidence otherwise subject to search or seizure under ORS 133.535.

      (f) May use the degree of force reasonably necessary to make the stop and ensure the safety of the police officer, the person stopped or other persons present.

      (g) May make an arrest of a person as authorized by ORS 133.310 (2) if the person is stopped and detained pursuant to the authority of this section.

      (4) When a police officer at the scene of a traffic accident has reasonable grounds, based upon the police officer’s personal investigation, to believe that a person involved in the accident has committed a traffic offense in connection with the accident, the police officer may issue to the person a citation for that offense. The authority under this subsection is in addition to any other authority to issue a citation for a traffic offense. [1983 c.338 §400; 1985 c.16 §212; 1991 c.720 §1; 1995 c.308 §1; 1997 c.682 §1; 1997 c.866 §§4,5; 1999 c.1051 §89; 2011 c.506 §48; 2011 c.644 §33]

 

      810.415 Removal of vehicles, cargo or debris from roadway after accident. A law enforcement officer who comes to the scene of an accident described in ORS 811.700 may remove or direct the driver of a vehicle involved in the accident to remove from the roadway any vehicle, cargo or debris resulting from the accident. A person acting under the authority granted by this section is not liable for damage to a vehicle, cargo or debris caused by reasonable efforts at removal. [2003 c.410 §2]

 

      810.420 Use of speed measuring device; citation; training. (1) When the speed of a vehicle has been checked by a speed measuring device, the driver of the vehicle may be stopped, detained and issued a citation by a police officer if the officer is in uniform and has either:

      (a) Observed the recording of the speed of the vehicle by the device; or

      (b) Probable cause to detain based upon a description of the vehicle or other information received from the officer who has observed the speed of the vehicle recorded.

      (2) A police officer may not issue a citation based on a speed measuring device unless the officer has taken and passed a training course, approved by the law enforcement agency that employs the officer, in the use of the speed measuring device. [1983 c.338 §401; 2001 c.444 §1]

 

      810.425 Procedure in certain parking cases. (1) In all prosecutions of the owner of a vehicle for violation of ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), of any parking regulations prescribed under ORS 276.002 or of an applicable ordinance, it shall be sufficient for a police officer to charge the defendant by an unsworn written notice if the notice clearly states:

      (a) The date, place and nature of the charge.

      (b) The time and place for defendant’s appearance in court.

      (c) The name of the issuing officer.

      (d) The license number of the vehicle.

      (2) The notice provided for in subsection (1) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. A duplicate original of the notice shall serve as the complaint in the case when it is filed with the court. In all other respects the procedure otherwise provided by law in such cases shall be followed. Notwithstanding ORS 153.042, the issuing officer need not have observed the act of parking, but need only have observed that the vehicle appeared to be parked in violation of ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), of any parking regulations prescribed under ORS 276.002 or of an applicable ordinance.

      (3) A circuit court and a justice court have concurrent jurisdiction over parking offenses committed within the county.

      (4) This section does not apply to prosecutions under city ordinances but ORS 221.333 shall apply to such prosecutions. [1987 c.687 §2; 1995 c.658 §116; 1999 c.1051 §89a; 2007 c.175 §3]

 

      810.430 Movement of illegally parked vehicles. A police officer who finds a vehicle parked or standing upon a highway in violation of ORS 811.555 or 811.570 may move the vehicle, cause it to be moved or require the driver or person in charge of the vehicle to move it. The authority to move vehicles under this section is in addition to any authority under ORS 819.110 and 819.120. [1983 c.338 §402; 1995 c.758 §6]

 

(Photo Red Light)

 

      810.434 Photo red light; operation; evaluation. (1) Any city may, at its own cost, operate cameras designed to photograph drivers who violate ORS 811.265 by failing to obey a traffic control device.

      (2) Cameras operated under this section may be mounted on street lights or put in other suitable places.

      (3) A city that chooses to operate a camera shall:

      (a) Provide a public information campaign to inform local drivers about the use of cameras before citations are actually issued; and

      (b) Once each biennium, conduct a process and outcome evaluation for the purposes of subsection (4) of this section that includes:

      (A) The effect of the use of cameras on traffic safety;

      (B) The degree of public acceptance of the use of cameras; and

      (C) The process of administration of the use of cameras.

      (4) By March 1 of each odd-numbered year, each city that operates a camera under this section shall present to the Legislative Assembly the process and outcome evaluation conducted by the city under subsection (3) of this section. [1999 c.851 §1; 1999 c.1051 §327; 2001 c.474 §1; subsection (5) of 2001 Edition enacted as 2001 c.474 §3; 2003 c.14 §491; 2003 c.339 §1; 2005 c.686 §1; 2007 c.640 §1; 2011 c.545 §65]

 

      810.435 Use of photographs. (1) Except as provided in subsection (2) of this section, photographs taken under ORS 810.434 may be submitted into evidence in a criminal trial, grand jury proceeding or other criminal proceeding for the purpose of proving or disproving a felony or a Class A misdemeanor.

      (2) Photographs taken under ORS 810.434 may not be used in any criminal proceeding relating to the prosecution of a violation as described in ORS 153.008, other than for the purpose of proving or disproving a violation of ORS 811.265. [2001 c.474 §4; 2003 c.14 §492; 2003 c.339 §2; 2013 c.428 §1]

 

      810.436 Citations based on photo red light; response to citation. (1) Notwithstanding any other provision of law, if a city chooses to operate a camera that complies with this section and ORS 810.434, a citation for violation of ORS 811.265 may be issued on the basis of photographs from a camera taken without the presence of a police officer if the following conditions are met:

      (a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indicating that compliance with traffic control devices is enforced through cameras.

      (b) For each traffic control device at which a camera is installed, signs indicating that a camera may be in operation at the device are posted before the device at a location near the device.

      (c) If the traffic control device is a traffic light, the yellow light shows for at least the length of time recommended by the standard set by the Institute of Transportation Engineers.

      (d) The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable, within 10 business days of the alleged violation.

      (e) The registered owner is given 30 days from the date the citation is mailed to respond to the citation.

      (f) A police officer who has reviewed the photograph signs the citation. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.

      (2) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.

      (3) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation was issued and delivered as provided in this section.

      (4) A person issued a citation under subsection (1) of this section may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (6) of this section or any other response allowed by law.

      (5) A citation for violation of ORS 811.265 issued on the basis of photographs from a camera installed as provided in this section and ORS 810.434 may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver if the driver is identifiable from the photograph.

      (6)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of innocence swearing or affirming that the owner was not the driver of the vehicle and by providing a photocopy of the owner’s driver license. A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy. The citation may be reissued only once, only to the registered owner and only if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.

      (b) If a business or public agency responds to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of nonliability stating that at the time of the alleged violation the vehicle was in the custody and control of an employee or was in the custody and control of a renter or lessee under the terms of a motor vehicle rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be reissued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.

      (7) The penalties for and all consequences of a violation of ORS 811.265 initiated by the use of a camera installed as provided in this section and ORS 810.434 are the same as for a violation initiated by any other means.

      (8) A registered owner or an employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the owner or the employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. [1999 c.851 §2; 2001 c.104 §305; 2001 c.474 §2; 2001 c.535 §30a; 2003 c.14 §493; 2003 c.339 §3; 2005 c.686 §2; 2007 c.640 §2]

 

(Photo Radar)

 

      810.438 Photo radar; authorized jurisdictions. (1) The following jurisdictions may, at their own cost, operate photo radar:

      (a) Albany.

      (b) Beaverton.

      (c) Bend.

      (d) Eugene.

      (e) Gladstone.

      (f) Medford.

      (g) Milwaukie.

      (h) Oregon City.

      (i) Portland.

      (j) Tigard.

      (2) A photo radar system operated under this section:

      (a) May be used on streets in residential areas or school zones.

      (b) May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas.

      (c) May not be used for more than four hours per day in any one location.

      (d) May not be used on controlled access highways.

      (e) May not be used unless a sign is posted announcing “Traffic Laws Photo Enforced.” The sign posted under this paragraph must:

      (A) Be on the street on which the photo radar unit is being used;

      (B) Be between 100 and 400 yards before the location of the photo radar unit;

      (C) Be at least two feet above ground level; and

      (D) If posted in a school zone not otherwise marked by a flashing light used as a traffic control device, indicate that school is in session.

      (3) A city that operates a photo radar system under this section shall, once each biennium, conduct a process and outcome evaluation for the purposes of subsection (4) of this section that includes:

      (a) The effect of the use of the photo radar system on traffic safety;

      (b) The degree of public acceptance of the use of the photo radar system; and

      (c) The process of administration of the use of the photo radar system.

      (4) By March 1 of each odd-numbered year:

      (a) The Department of Transportation shall provide to the Legislative Assembly an executive summary of the process and outcome evaluations conducted under subsection (3) of this section; and

      (b) Each city that operates a photo radar system under this section shall present to the Legislative Assembly the process and outcome evaluation conducted by the city under subsection (3) of this section. [1995 c.579 §1; 1997 c.280 §1; 1999 c.1071 §1; 2005 c.686 §3; 2007 c.634 §1; 2010 c.30 §9; 2011 c.545 §66]

 

      810.439 Citations based on photo radar; response to citation. (1) Notwithstanding any other provision of law, in the jurisdictions using photo radar:

      (a) A citation for speeding may be issued on the basis of photo radar if the following conditions are met:

      (A) The photo radar equipment is operated by a uniformed police officer.

      (B) The photo radar equipment is operated out of a marked police vehicle.

      (C) An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the photo radar unit.

      (D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction.

      (E) The citation is mailed to the registered owner of the vehicle within six business days of the alleged violation.

      (F) The registered owner is given 30 days from the date the citation is mailed to respond to the citation.

      (G) The jurisdiction operating photo radar complies with the requirements described in ORS 810.438.

      (b) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation is issued and delivered as provided in this section.

      (c) A person issued a citation under this subsection may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (3) of this section or may make any other response allowed by law.

      (2) A citation issued on the basis of photo radar may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.

      (3)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection (1) of this section by submitting a certificate of innocence within 30 days from the mailing of the citation swearing or affirming that the owner was not the driver of the vehicle and by providing a photocopy of the owner’s driver license. A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy. The citation may be reissued only once, only to the registered owner and only if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.

      (b) If a business or public agency responds to a citation issued under subsection (1) of this section by submitting a certificate of nonliability within 30 days from the mailing of the citation stating that at the time of the alleged speeding violation the vehicle was in the custody and control of an employee or was in the custody and control of a renter or lessee under the terms of a rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be issued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.

      (4) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.

      (5) The penalties for and all consequences of a speeding violation initiated by the use of photo radar are the same as for a speeding violation initiated by any other means.

      (6) A registered owner, employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the owner, employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. [1995 c.579 §2; 1997 c.280 §2; 1999 c.1051 §142; 1999 c.1071 §2; 2005 c.22 §516; 2005 c.686 §4; 2007 c.634 §2]

 

      810.440 [1983 c.338 §403; 1985 c.16 §213; 1999 c.1051 §290; renumbered 810.448 in 2013]

 

      810.441 Photo radar; highway work zones. (1) The Department of Transportation may operate photo radar within a highway work zone that is located on a state highway. The photo radar unit may be operated only:

      (a) In the area within a highway work zone when highway workers, as defined in ORS 811.230, are present. The photo radar unit may not be operated in a location more than 100 yards from where highway workers are present and, in the case of a divided state highway, the photo radar unit must be located on the same roadway where highway workers are present.

      (b) When the configuration of the roadway is temporarily changed, including but not limited to temporary changes made to the number of usable lanes, lane width, shoulder width or curvature of the roadway. The photo radar unit may not be operated in a location more than 100 yards from where the configuration of the roadway is temporarily changed and, in the case of a divided state highway, the photo radar unit must be located on the same roadway where the highway configuration is temporarily changed.

      (2) The department, at its own cost, may ask a jurisdiction authorized to operate photo radar under ORS 810.438 (1) or the Oregon State Police to operate a photo radar unit in a highway work zone on a state highway.

      (3) A photo radar unit operated under this section may not be used unless a sign is posted announcing that photo radar is in use. The sign posted under this subsection must be all of the following:

      (a) Located on the state highway on which the photo radar unit is being used.

      (b) Between 100 and 400 yards before the location of the photo radar unit.

      (4) The department shall, once each biennium, conduct a process and outcome evaluation for the purposes of subsection (5) of this section that includes:

      (a) The effect of the use of photo radar on traffic safety;

      (b) The degree of public acceptance of the use of photo radar; and

      (c) The process of administration of the use of photo radar.

      (5) The department shall report to the Legislative Assembly by March 1 of each odd-numbered year.

      (6) As used in this section, “highway work zone” has the meaning given that term in ORS 811.230. [2007 c.634 §4; 2013 c.373 §1]

 

      810.442 Citations based on photo radar in highway work zones; response to citation. (1) Notwithstanding any other provision of law, when a jurisdiction or the Oregon State Police uses photo radar in a highway work zone:

      (a) A citation for speeding may be issued on the basis of photo radar if the following conditions are met:

      (A) The photo radar unit is operated by a uniformed police officer.

      (B) The photo radar unit is operated out of a marked police vehicle.

      (C) An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the photo radar unit.

      (D) The citation is mailed to the registered owner of the vehicle within six business days of the alleged violation.

      (E) The registered owner is given 30 days from the date the citation is mailed to respond to the citation.

      (F)(i) One or more highway workers, as defined in ORS 811.230, are present and the photo radar unit is operated within 100 yards from where highway workers are present and located on the same roadway where highway workers are present; or

      (ii) The configuration of the roadway is temporarily changed within the highway work zone, including but not limited to temporary changes made to the number of usable lanes, lane width, shoulder width or curvature of the roadway, and the photo radar unit is operated within 100 yards from where the configuration of the roadway is temporarily changed and located on the same roadway where the highway configuration is temporarily changed.

      (G) The jurisdiction operating photo radar complies with the requirements described in ORS 810.441.

      (b) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation is issued and delivered as provided in this section.

      (c) A person issued a citation under this subsection may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (3) of this section or may make any other response allowed by law.

      (2) A citation issued on the basis of photo radar may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver. The citation may be prepared on a digital medium and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.

      (3)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of innocence swearing or affirming that the owner was not the driver of the vehicle and by providing a photocopy of the owner’s driver license. A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy. The citation may be reissued only once, only to the registered owner and only if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.

      (b) If a business or public agency responds to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of nonliability stating that at the time of the alleged speeding violation the vehicle was in the custody and control of an employee, or was in the custody and control of a renter or lessee under the terms of a rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be issued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.

      (4) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.

      (5) The penalties for and all consequences of a speeding violation initiated by the use of photo radar are the same as for a speeding violation initiated by any other means.

      (6) A registered owner, employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the registered owner, employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

      (7) As used in this section, “highway work zone” has the meaning given that term in ORS 811.230. [2007 c.634 §5; 2013 c.373 §2]

 

(Temporary provisions relating to the use of photo radar in the City of Fairview)

 

      Note: Sections 1, 2 and 3, chapter 697, Oregon Laws 2013, provide:

      Sec. 1. (1) The City of Fairview may, at its own cost, operate a photo radar unit in a school zone between 7 a.m. and 5 p.m. on a day when school is in session.

      (2) A photo radar unit operated under this section:

      (a) May not be used on controlled access highways.

      (b) May not be used unless a sign is posted announcing “Traffic Laws Photo Enforced.” The sign posted under this paragraph must:

      (A) Be on the street on which the photo radar unit is being operated;

      (B) Be between 100 and 400 yards before the location of the photo radar unit;

      (C) Be at least two feet above ground level; and

      (D) If posted in a school zone not otherwise marked by a flashing light used as a traffic control device, indicate that school is in session.

      (c) Must be capable of making a video recording of the conduct.

      (3) The City of Fairview shall, once each biennium, conduct an outcome evaluation for the purposes of subsection (4) of this section that includes:

      (a) The effect of the operation of the photo radar unit on traffic safety; and

      (b) The degree of public acceptance of the operation of the photo radar unit.

      (4) By March 1 of each odd-numbered year, the City of Fairview shall present to the Legislative Assembly the outcome evaluation conducted by the city under subsection (3) of this section in the manner provided in ORS 192.245. [2013 c.697 §1]

      Sec. 2. (1) Notwithstanding any other provision of law, in the jurisdiction operating a photo radar unit under section 1 of this 2013 Act:

      (a) A citation for speeding may be issued under section 1 of this 2013 Act on the basis of photo radar if:

      (A) The school zone has a flashing light used as a traffic control device and operated under ORS 810.243, and the flashing light indicates that children may be arriving at or leaving school;

      (B) A sign that provides drivers with information about the driver’s current rate of speed is posted between 100 and 400 yards before each entrance to the school zone; and

      (C) A police officer who has reviewed the video recording of the conduct signs the citation.

      (b) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation is issued and delivered as provided in this section.

      (c) An individual issued a citation under this subsection may respond to the citation by submitting a certificate of innocence under subsection (3)(a) of this section or may make any other response allowed by law.

      (d) A business or public agency issued a citation under this subsection may respond to the citation by submitting a certificate of nonliability under subsection (3)(b) of this section or may make any other response allowed by law.

      (2) A citation issued on the basis of photo radar may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.

      (3)(a) An individual named as the registered owner of a vehicle in current records of the Department of Transportation may respond by mail to a citation issued under subsection (1) of this section by submitting a certificate of innocence within 30 days from the mailing of the citation swearing or affirming that the registered owner was not the driver of the vehicle and by providing a photocopy of the registered owner’s driver license. A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy. The citation may be reissued only once, only to the registered owner and only if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.

      (b) If a business or public agency named as the registered owner of a vehicle in current records of the Department of Transportation responds to a citation issued under subsection (1) of this section by submitting a certificate of nonliability within 30 days from the mailing of the citation stating that at the time of the alleged speeding violation the vehicle was in the custody and control of an employee, or was in the custody and control of a renter or lessee under the terms of a rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be issued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.

      (4) If the registered owner, employee, renter or lessee fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.

      (5) The penalties for and all consequences of a speeding violation initiated by the use of photo radar are the same as for a speeding violation initiated by any other means.

      (6) A registered owner, employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the registered owner, employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. [2013 c.697 §2]

      Sec. 3. Sections 1 and 2 of this 2013 Act are repealed on January 2, 2022. [2013 c.697 §3]

 

(Security for Appearance)

 

      810.448 Security for appearance of person arrested for traffic crime. A police officer may take security for the appearance of a person arrested for a traffic crime if it appears to the officer that the arrested person might fail to appear in response to a citation. Authority granted by this section is in addition to any authority to accept security under ORS 810.450. The authority of an officer to take security under this section is subject to all of the following:

      (1) Except as otherwise provided in this section, an officer may only take security if there is no accessible magistrate or clerk or deputy clerk authorized by the magistrate.

      (2) Except as otherwise provided in this section, an officer may only accept as security the following, if the following would be acceptable under ORS 810.300, for a security deposit for the offense for which the arrest was made:

      (a) An unexpired automobile membership card described under ORS 810.330; or

      (b) An unexpired guaranteed arrest bond certificate described under ORS 810.320.

      (3) An officer may take security for offenses described in this subsection whether or not there is an accessible magistrate or clerk or deputy clerk authorized by the magistrate. This subsection applies to the following offenses for which a jail sentence may be imposed:

      (a) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.

      (b) Violation of posted weight limits under ORS 818.040.

      (4) An officer who takes security under this section shall give a receipt for the security accepted and shall issue the person a citation to appear before a court having jurisdiction of the offense.

      (5) An officer shall promptly cause any security accepted under this section to be delivered to the court for disposition as provided under ORS 810.300. [Formerly 810.440]

 

      810.450 Security for appearance of person issued citation. A police officer who issues a citation for violation of an offense described in this section may accept security for the appearance of the person cited. Authority granted by this section is in addition to any authority to accept security under ORS 810.448. The authority of an officer to take security under this section is subject to all of the following:

      (1) The officer may only accept security under this section for offenses described under ORS 810.530, other than the following:

      (a) Violation of manufactured structure trip permit requirements under ORS 820.570.

      (b) Violation of a provision of ORS chapter 825.

      (c) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.

      (d) Violation of posted weight limits under ORS 818.040.

      (2) An officer shall give a receipt for the security accepted along with the citation to appear before a court having jurisdiction of the offense.

      (3) The officer shall promptly cause the security to be delivered to the court for disposition as provided under ORS 810.300. [1983 c.338 §404; 1985 c.16 §214]

(Accident Reports)

 

      810.460 Officer’s accident report; use. (1) A police officer shall submit a report to the Department of Transportation whenever the officer does any of the following:

      (a) Investigates a vehicle accident which ORS 811.725 or 822.600 requires to be reported.

      (b) Prepares a report of an accident investigated at the time and place of the accident or by field interviews with the participants or witnesses.

      (2) A police officer shall submit a report required by this section to the department within 10 days of the investigation or preparation of the report.

      (3) Police reports submitted to the department under this section are subject to release or use as provided under ORS 802.240. [1983 c.338 §406; 1985 c.16 §216; 1993 c.224 §4; 1993 c.751 §63; 1997 c.678 §12]

 

      810.470 [1983 c.338 §407; 1993 c.224 §5; 1993 c.751 §64; 1997 c.678 §13; repealed by 2005 c.195 §3]

 

(Stops and Inspections)

 

      810.480 Inspections involving vehicle dealers and dismantlers. (1) A police officer, during normal business hours, may inspect the records a vehicle dealer is required to keep under ORS 822.045 and vehicles included in the inventory or located on the premises of a dealer issued a certificate under ORS 822.020. The inspections shall be limited in scope to that necessary to determine compliance with the regulation of dealers under the vehicle code and with vehicle title and registration provisions under the vehicle code and for the purposes of identifying stolen vehicles.

      (2) A police officer, at any time, may inspect the books, records and inventory of and premises used by any business issued a certificate under ORS 822.110 for the purpose of determining whether the provisions relating to the regulation of dismantlers, rules adopted by the Department of Transportation relating to the regulation of dismantlers and laws relating to licensing, titling and wrecking of vehicles are being complied with. Every business issued a certificate under ORS 822.110 shall be inspected not less than two times each year. [1983 c.338 §408; 2005 c.654 §38]

 

      810.490 Weighing and measuring vehicles; citation; reduction of load. (1) Any police officer may stop, measure and weigh any vehicle or combination of vehicles by means of either portable or stationary measures and scales, and having reason to believe that any vehicle or combination of vehicles, including any load thereon, is unlawful, or having reason to believe that the combined weight or loaded weight of the vehicle exceeds the registration weight for the vehicle, may require that such vehicle or combination of vehicles be driven to the nearest public or certified scales, in the event such scales are within five miles. When it is necessary for the vehicle or combination of vehicles to reverse direction in order to proceed to the scales, the police officer shall assist the driver of the vehicle or combination of vehicles so that the turning movement can be made in safety.

      (2) If the police officer finds that the vehicle or combination of vehicles, including any load thereon, is of any dimension or has any weight not authorized by ORS 818.010, 818.020, 818.040, 818.060, 818.080, 818.090, 818.110 and 818.130 or not authorized by the terms of any permit issued under ORS 818.200, the police officer shall require the driver to move the vehicle or combination of vehicles to a suitable place and remain standing while a Uniform Traffic Citation and Complaint is being issued and until such portion of the load is removed as may be necessary to reduce any dimension and any weight to the limits authorized by the statute or permit. All material or goods removed from the load shall be removed and cared for by the driver, chauffeur or owner of the vehicle or combination of vehicles at the risk of the driver, chauffeur or owner of the vehicle.

      (3) The police officer may, within the discretion of the officer, permit the driver to proceed without removing the excess dimensions, or weights if the amount of excess weight does not exceed the following:

______________________________________________________________________________

 

      Individual wheel                  500   pounds

      Axle                                  1,000   pounds

      Tandem axles                   2,000   pounds

      Group of axles                  3,000   pounds

      Vehicle or combination

           of vehicles                    4,000   pounds

 

______________________________________________________________________________

 

      (4) Discretionary action by the police officer under this section does not relieve the driver or chauffeur and owner of the vehicle or combination of vehicles of any criminal or other liability or responsibility.

      (5) Failure to comply with a police officer’s directions under this section is subject to penalty under ORS 818.400. [1983 c.338 §409; 1985 c.16 §217; 1989 c.723 §17; 1991 c.284 §24; 1999 c.352 §3; 2007 c.50 §4]

 

      810.500 Stopping and testing vehicles for equipment violations. (1) A police officer may require the driver of a vehicle or combination of vehicles to stop the vehicle or combination and submit to tests by the officer as may be appropriate to determine if the vehicle or combination:

      (a) Is being driven or moved on any street or highway without having equipment required by the vehicle code or without the equipment in proper condition and adjustment as required by the vehicle code; or

      (b) Is in such unsafe condition as to endanger any person.

      (2) A police officer must have reasonable cause to require that a vehicle or combination be stopped and submitted to tests under this section. [1983 c.338 §410]

 

      810.510 State police inspection for mechanical condition and equipment. (1) A state police officer may require a person driving a vehicle or combination of vehicles on a street or highway to stop and submit the vehicle or combination to an inspection of the mechanical condition and equipment thereof at any location where members of the Oregon State Police are conducting tests and inspections of vehicles and when signs are displayed requiring such stop.

      (2) If a vehicle inspected under this section is found to be in violation of any provision of the vehicle code, the police officer may issue a vehicle repair warning described under ORS 810.520 to the driver. The officer may, in lieu of the issuance of the vehicle repair warning or in combination therewith, issue a citation or written warning for the violation. [1983 c.338 §411; 1985 c.16 §218]

 

      810.520 Vehicle repair warning. (1) A vehicle repair warning issued under ORS 810.510 shall:

      (a) Be in writing;

      (b) Require that the vehicle be placed in a safe condition and its equipment in proper repair and adjustment;

      (c) Specify the particulars with reference to condition, equipment, repair or adjustments required; and

      (d) Require that approval of the repair or adjustment be obtained within 15 days.

      (2) Approval required by this section may be obtained by presenting satisfactory proof to any office of the Oregon State Police that the defect has been corrected.

      (3) If an owner or driver is issued a vehicle repair warning described in this section, the vehicle described in the warning:

      (a) Shall be brought into compliance with the warning and within 15 days the owner or driver must secure approval of the compliance; or

      (b) Shall not be operated upon the highways of this state.

      (4) This section is not intended to preclude the issuance of citations for equipment violations if repair or adjustment required by a vehicle repair warning is not perfected within 15 days.

      (5) In lieu of compliance with this section the vehicle shall not be operated on the highways of this state. [1983 c.338 §412; 1985 c.16 §219]

 

OTHER ENFORCEMENT OFFICIALS

 

      810.530 Authority of weighmasters and motor carrier enforcement officers. (1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses:

      (a) Violation of maximum weight limits under ORS 818.020.

      (b) Violation of posted weight limits under ORS 818.040.

      (c) Violation of administratively imposed weight or size limits under ORS 818.060.

      (d) Violation of maximum size limits under ORS 818.090.

      (e) Exceeding maximum number of vehicles in combination under ORS 818.110.

      (f) Violation of posted limits on use of road under ORS 818.130.

      (g) Violation of towing safety requirements under ORS 818.160.

      (h) Operating with sifting or leaking load under ORS 818.300.

      (i) Dragging objects on highway under ORS 818.320.

      (j) Unlawful use of devices without wheels under ORS 815.155.

      (k) Unlawful use of metal objects on tires under ORS 815.160.

      (L) Operation without pneumatic tires under ORS 815.170.

      (m) Operation in violation of vehicle variance permit under ORS 818.340.

      (n) Failure to carry and display permit under ORS 818.350.

      (o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.

      (p) Violation of any provision of ORS chapter 825.

      (q) Operation without proper fenders or mudguards under ORS 815.185.

      (r) Operating a vehicle without driving privileges in violation of ORS 807.010 if the person is operating a commercial motor vehicle and the person does not have a commercial driver license or does not have an appropriate permit.

      (s) Violation driving while suspended or revoked in violation of ORS 811.175 if the person is operating a commercial motor vehicle while the person’s commercial driver license is suspended or revoked.

      (t) Failure to use vehicle traction tires or chains in violation of ORS 815.140 if the person is operating a motor vehicle subject to ORS chapter 825 or 826.

      (2) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed by a person operating a commercial motor vehicle may issue a citation for the offense. A weighmaster or motor carrier enforcement officer who finds evidence that an offense described in this subsection has been committed by a person operating a commercial motor vehicle or by a motor carrier for which the person is acting as an agent may issue a citation for the offense. A weighmaster or motor carrier enforcement officer issuing a citation under this subsection has the authority granted a police officer issuing a citation under ORS 810.410. A citation issued under this subsection to the operator of a commercial motor vehicle shall be considered to have been issued to the motor carrier that owns the commercial motor vehicle if the operator is not the owner. This subsection applies to the following offenses, all of which are Class A traffic violations under ORS 825.990 (1):

      (a) Repeatedly violating or avoiding any order or rule of the Department of Transportation.

      (b) Repeatedly refusing or repeatedly failing, after being requested to do so, to furnish service authorized by certificate.

      (c) Refusing or failing to file the annual report as required by ORS 825.320.

      (d) Refusing or failing to maintain records required by the department or to produce such records for examination as required by the department.

      (e) Failing to appear for a hearing after notice that the carrier’s certificate or permit is under investigation.

      (f) Filing with the department an application that is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.

      (g) Delinquency in reporting or paying any fee, tax or penalty due to the department under ORS chapter 825 or 826.

      (h) Refusing or failing to file a deposit or bond as required under ORS 825.506.

      (i) Failing to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402.

      (3) A weighmaster or motor carrier enforcement officer who finds evidence that a person operating a commercial motor vehicle has committed the offense of failure to pay the appropriate registration fee under ORS 803.315 may issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer.

      (4) The authority of a weighmaster or motor carrier enforcement officer to issue citations or arrest under this section is subject to ORS chapter 153.

      (5)(a) A person is a weighmaster for purposes of this section if the person is a county weighmaster or a police officer.

      (b) A person is a motor carrier enforcement officer under this section if the person is duly authorized as a motor carrier enforcement officer by the Department of Transportation.

      (6) A weighmaster or motor carrier enforcement officer may accept security in the same manner as a police officer under ORS 810.448 and 810.450 and may take as security for the offenses, in addition to other security permitted under this section, the sum fixed as the presumptive fine for the offense.

      (7) A weighmaster or motor carrier enforcement officer may arrest a person for the offense of failure to appear in a violation proceeding under ORS 153.992 if the violation is based upon a citation for any offense described in subsection (1) or (3) of this section except those described in subsection (1)(p) of this section.

      (8) A weighmaster or motor carrier enforcement officer may exercise the same authority as a police officer under ORS 810.490 to enforce vehicle requirements and detain vehicles. A person who fails to comply with the authority of a weighmaster or motor carrier enforcement officer under this subsection is subject to penalty under ORS 818.400. [1983 c.338 §414; 1985 c.16 §220; 1991 c.263 §1; 1993 c.741 §99; 1999 c.1051 §291; 2001 c.335 §7; 2001 c.520 §2; 2003 c.655 §119a; 2009 c.482 §4; 2011 c.597 §146]

 

      Note: The amendments to 810.530 by section 25, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      810.530. (1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses:

      (a) Violation of maximum weight limits under ORS 818.020.

      (b) Violation of posted weight limits under ORS 818.040.

      (c) Violation of administratively imposed weight or size limits under ORS 818.060.

      (d) Violation of maximum size limits under ORS 818.090.

      (e) Exceeding maximum number of vehicles in combination under ORS 818.110.

      (f) Violation of posted limits on use of road under ORS 818.130.

      (g) Violation of towing safety requirements under ORS 818.160.

      (h) Operating with sifting or leaking load under ORS 818.300.

      (i) Dragging objects on highway under ORS 818.320.

      (j) Unlawful use of devices without wheels under ORS 815.155.

      (k) Unlawful use of metal objects on tires under ORS 815.160.

      (L) Operation without pneumatic tires under ORS 815.170.

      (m) Operation in violation of vehicle variance permit under ORS 818.340.

      (n) Failure to carry and display permit under ORS 818.350.

      (o) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.

      (p) Violation of any provision of ORS chapter 825.

      (q) Operation without proper fenders or mudguards under ORS 815.185.

      (r) Operating a vehicle without driving privileges in violation of ORS 807.010 if the person is operating a commercial motor vehicle and the person does not have commercial driving privileges.

      (s) Violation driving while suspended or revoked in violation of ORS 811.175 if the person is operating a commercial motor vehicle while the person’s commercial driving privileges are suspended or revoked.

      (t) Failure to use vehicle traction tires or chains in violation of ORS 815.140 if the person is operating a motor vehicle subject to ORS chapter 825 or 826.

      (2) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed by a person operating a commercial motor vehicle may issue a citation for the offense. A weighmaster or motor carrier enforcement officer who finds evidence that an offense described in this subsection has been committed by a person operating a commercial motor vehicle or by a motor carrier for which the person is acting as an agent may issue a citation for the offense. A weighmaster or motor carrier enforcement officer issuing a citation under this subsection has the authority granted a police officer issuing a citation under ORS 810.410. A citation issued under this subsection to the operator of a commercial motor vehicle shall be considered to have been issued to the motor carrier that owns the commercial motor vehicle if the operator is not the owner. This subsection applies to the following offenses, all of which are Class A traffic violations under ORS 825.990 (1):

      (a) Repeatedly violating or avoiding any order or rule of the Department of Transportation.

      (b) Repeatedly refusing or repeatedly failing, after being requested to do so, to furnish service authorized by certificate.

      (c) Refusing or failing to file the annual report as required by ORS 825.320.

      (d) Refusing or failing to maintain records required by the department or to produce such records for examination as required by the department.

      (e) Failing to appear for a hearing after notice that the carrier’s certificate or permit is under investigation.

      (f) Filing with the department an application that is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.

      (g) Delinquency in reporting or paying any fee, tax or penalty due to the department under ORS chapter 825 or 826.

      (h) Refusing or failing to file a deposit or bond as required under ORS 825.506.

      (i) Failing to comply with the applicable requirements for attendance at a motor carrier education program as required by ORS 825.402.

      (3) A weighmaster or motor carrier enforcement officer who finds evidence that a person operating a commercial motor vehicle has committed the offense of failure to pay the appropriate registration fee under ORS 803.315 may issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer.

      (4) The authority of a weighmaster or motor carrier enforcement officer to issue citations or arrest under this section is subject to ORS chapter 153.

      (5)(a) A person is a weighmaster for purposes of this section if the person is a county weighmaster or a police officer.

      (b) A person is a motor carrier enforcement officer under this section if the person is duly authorized as a motor carrier enforcement officer by the Department of Transportation.

      (6) A weighmaster or motor carrier enforcement officer may accept security in the same manner as a police officer under ORS 810.440 and 810.450 and may take as security for the offenses, in addition to other security permitted under this section, the sum fixed as the presumptive fine for the offense.

      (7) A weighmaster or motor carrier enforcement officer may arrest a person for the offense of failure to appear in a violation proceeding under ORS 153.992 if the violation is based upon a citation for any offense described in subsection (1) or (3) of this section except those described in subsection (1)(p) of this section.

      (8) A weighmaster or motor carrier enforcement officer may exercise the same authority as a police officer under ORS 810.490 to enforce vehicle requirements and detain vehicles. A person who fails to comply with the authority of a weighmaster or motor carrier enforcement officer under this subsection is subject to penalty under ORS 818.400.

 

      810.540 Enforcement of snowmobile and all-terrain vehicles violations by persons other than police officers. Game wardens and all other state law enforcement officers within their respective jurisdictions shall enforce the provisions relating to snowmobiles and all-terrain vehicles under ORS 821.190, 821.210, 821.220 and 821.240 to 821.290. The authority granted by this section to enforce laws relating to snowmobiles and all-terrain vehicles is in addition to any authority of police officers to enforce such laws. [1983 c.338 §415; 1987 c.217 §7; 1987 c.587 §23; 1989 c.991 §5a; 2007 c.71 §245]

 

      810.550 Authority of railroad officers to move illegally parked vehicles. When a regularly employed officer of a railroad commissioned to act as a police officer by the Governor under ORS 131.880 finds a vehicle parked or standing upon any railroad track or within seven and one-half feet of the nearest rail in violation of ORS 811.555, the person may move the vehicle, cause it to be moved or require the driver or person in charge of the vehicle to move it to a position more than seven and one-half feet from the nearest rail. [1983 c.338 §416]

 

      810.560 Certification and training of commercial vehicle inspectors. Before an enforcement official may conduct inspections of commercial vehicles, drivers or cargoes for purposes of enforcing rules adopted under ORS 825.252 and 825.258, the official shall be trained and certified as a commercial vehicle inspector by the Department of Transportation. [1995 c.574 §3]

_______________