Chapter 811 — Rules of the Road for Drivers

 

2013 EDITION

 

RULES OF THE ROAD FOR DRIVERS

 

OREGON VEHICLE CODE

 

DUTIES TO PEDESTRIANS AND BICYCLES

 

811.005     Duty to exercise due care

 

811.015     Failure to obey traffic patrol member; penalty

 

811.017     Failure to yield to traffic patrol member; penalty

 

811.020     Passing stopped vehicle at crosswalk; penalty

 

811.025     Failure to yield to pedestrian on sidewalk; penalty

 

811.028     Failure to stop and remain stopped for pedestrian; penalty

 

811.030     Driving through safety zone; penalty

 

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

 

811.050     Failure to yield to rider on bicycle lane; penalty

 

811.055     Failure to yield to bicyclist on sidewalk; penalty

 

811.060     Vehicular assault of bicyclist or pedestrian; penalty

 

811.065     Unsafe passing of person operating bicycle; penalty

 

SPEED

 

(Basic Rule)

 

811.100     Violation of basic speed rule; penalty

 

811.105     Speeds that are evidence of basic rule violation

 

811.108     Relationship between speed limits and basic rule

 

(Maximum Speeds)

 

811.109     Penalties for speed violations

 

811.111     Violating a speed limit; penalty

 

811.124     Meaning of “children are present” in ORS 811.111

 

(Racing)

 

811.125     Speed racing on highway; penalty

 

811.127     Organizing a speed racing event; penalty

 

(Impeding Traffic)

 

811.130     Impeding traffic; penalty

 

CARELESS AND RECKLESS DRIVING

 

811.135     Careless driving; penalty

 

811.140     Reckless driving; penalty

 

SPECIAL SAFETY MEASURES

 

811.145     Failure to yield to emergency vehicle or ambulance; penalty

 

811.147     Failure to maintain safe distance from emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance; penalty

 

811.150     Interference with emergency vehicle or ambulance; exemptions; penalty

 

811.155     Failure to stop for bus safety lights; exemptions; penalty

 

811.157     Report by driver of violation of ORS 811.155; contents

 

811.159     Law enforcement agency response to report of violation of ORS 811.155

 

811.160     Interference with rail fixed guideway system operation; penalty

 

811.165     Failure to stop for passenger loading of public transit vehicle; penalty

 

811.167     Failure to yield right of way to transit bus; rules; penalty

 

OPEN CONTAINER VIOLATIONS

 

811.170     Violation of open container law; penalty

 

DISPOSING OF HUMAN WASTE

 

811.172     Improperly disposing of human waste; penalty

 

DRIVING WHILE SUSPENDED OR REVOKED

 

811.175     Violation driving while suspended or revoked; penalties

 

811.180     Affirmative defenses

 

811.182     Criminal driving while suspended or revoked; penalties

 

DRIVER OFFENSES INVOLVING PASSENGERS

 

811.190     Operation with obstructing passenger; penalty

 

811.193     Smoking in motor vehicle when child is present; penalty

 

811.195     Having passenger in trailer; penalty

 

811.200     Carrying dog on external part of vehicle; penalty

 

811.205     Carrying minor on external part of vehicle; penalty

 

811.207     Legislative findings regarding restraint of children in motor vehicles

 

811.210     Failure to properly use safety belts; penalty

 

811.215     Exemptions from safety belt requirements

 

811.220     Certificates of exemption from safety belt requirement

 

811.225     Failure to maintain safety belts in working order; penalty

 

HIGHWAY WORK ZONES

 

811.230     Definitions; fine; notice

 

811.231     Reckless endangerment of highway workers; penalties

 

811.232     Refusing to obey flagger; penalty

 

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

 

SCHOOL ZONE PENALTIES

 

811.235     Fine for traffic offenses in school zones

 

GENERAL DRIVING RULES

 

(Generally)

 

811.250     Law applicable to vehicles registered out of state

 

811.255     Permitting unlawful operation of vehicle; penalty

 

(Traffic Control Devices)

 

811.260     Appropriate driver responses to traffic control devices

 

811.265     Driver failure to obey traffic control device; penalty

 

811.270     Failure to obey one-way designation; penalty

 

(Right of Way)

 

811.275     Failure to yield right of way at uncontrolled intersection; penalty

 

811.277     Failure to yield right of way at uncontrolled T intersection; penalty

 

811.280     Failure of driver entering roadway to yield right of way; penalty

 

811.285     Failure of merging driver to yield right of way; penalty

 

811.290     Obstructing cross traffic; penalty

 

811.292     Failure to yield right of way within roundabout; exception; penalty

 

(Driving on the Right)

 

811.295     Failure to drive on right; exceptions; penalty

 

811.300     Failure to drive on right of approaching vehicle; exceptions; penalty

 

811.305     Driving on left on curve or grade or at intersection or rail crossing; exceptions; penalty

 

811.310     Crossing center line on two-way, four-lane road; exceptions; penalty

 

811.315     Failure of slow driver to drive on right; exceptions; penalty

 

811.320     Failure to drive to right on divided highway; exceptions; penalty

 

811.325     Failure to keep camper, trailer or truck in right lane; exceptions; penalty

 

811.330     Driving wrong way around traffic island; penalty

 

(Turning)

 

811.335     Unlawful or unsignaled turn; penalty

 

811.340     Improperly executed left turn; penalty

 

811.345     Failure to use special left turn lane; penalty

 

811.346     Misuse of special left turn lane; penalty

 

811.350     Dangerous left turn; penalty

 

811.355     Improperly executed right turn; penalty

 

811.360     When vehicle turn permitted at stop light; improper turn at stop light; penalty

 

811.365     Illegal U-turn; penalty

 

(Lane Use)

 

811.370     Failure to drive within lane; exception; penalty

 

811.375     Unlawful or unsignaled change of lane; penalty

 

811.380     Improper use of center lane on three-lane road; penalty

 

811.385     Depriving motorcycle or moped of full lane; penalty

 

(Signaling)

 

811.390     Unlawful use of lights to signal for passing; penalty

 

811.395     Appropriate signals for stopping, turning, changing lanes and decelerating

 

811.400     Failure to use appropriate signal for turn, lane change, stop or exit from roundabout; penalty

 

811.405     Failure to signal with lights; exceptions; penalty

 

(Passing)

 

811.410     Unsafe passing on left; penalty

 

811.415     Unsafe passing on right; penalty

 

811.420     Passing in no passing zone; exceptions; penalty

 

811.425     Failure of slower driver to yield to overtaking vehicle; penalty

 

(Prohibited Places)

 

811.430     Driving on highway divider; exceptions; penalty

 

811.435     Operation of motor vehicle on bicycle trail; exemptions; penalty

 

811.440     When motor vehicles may operate on bicycle lane

 

811.445     Use of throughway when prohibited; penalty

 

811.450     Violation of posted truck routes; defense; penalty

 

(Rail Crossings)

 

811.455     Failure to stop for railroad signal; penalty

 

811.460     Failure to follow rail crossing procedures for high-risk vehicles; application; penalty

 

811.462     Failure of operator of commercial motor vehicle to slow down and check tracks; penalty

 

811.465     Exemptions from high-risk vehicle rail crossing procedures

 

811.470     Improper movement of heavy equipment across rail crossing; application; penalty

 

811.475     Obstructing rail crossing; penalty

 

(Miscellaneous)

 

811.480     Illegal backing; penalty

 

811.483     Safety corridors; penalty

 

811.485     Following too closely; penalty

 

811.490     Improper opening or leaving open of vehicle door; penalty

 

811.492     Engine braking; penalty; exception

 

811.495     Unlawful coasting on downgrade; exception; penalty

 

811.500     Unlawful stop or deceleration; penalty

 

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

 

811.507     Operating motor vehicle while using mobile communication device; exceptions; penalty

 

811.510     Dangerous operation around livestock; penalty

 

811.512     Unlawfully operating low-speed vehicle on highway; penalty

 

811.513     Unlawfully operating medium-speed electric vehicle on highway; penalty

 

811.514     Unlawfully operating racing activity vehicle on highway; penalty

 

USE OF LIGHTS AND WARNINGS

 

(Lights)

 

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

 

811.520     Unlawful use or failure to use lights; penalty

 

811.525     Exemptions from requirements for use of lights

 

811.526     Safety campaign for use of headlights

 

(Flares)

 

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

 

OBEYING POLICE

 

811.535     Failing to obey police officer; penalty

 

811.540     Fleeing or attempting to elude police officer; penalty

 

PARKING, STOPPING AND STANDING

 

(Generally)

 

811.550     Places where stopping, standing and parking prohibited

 

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

 

811.560     Exemptions from prohibitions on stopping, standing or parking

 

811.565     Dangerous movement of stopped, standing or parked vehicle; penalty

 

811.570     Improperly positioning parallel parked vehicle; exception; affirmative defense; penalty

 

811.575     Violation of posted parking restrictions on state highways; affirmative defense; penalty

 

811.580     Parking vehicle on state highway for vending purposes; penalty

 

811.585     Failure to secure motor vehicle; affirmative defense; penalty

 

(Winter Recreation Parking Areas)

 

811.590     Unlawful parking in winter recreation parking area; exemptions; penalty

 

811.595     Winter recreation parking permit; rules; fees

 

811.600     Fees for winter recreation parking permits

 

(Parking for Persons With Disabilities)

 

811.602     Disabled person parking permit; content; rules

 

811.603     Parking identification card without photograph; issuance; rules

 

811.604     Application for disabled person parking permit

 

811.605     Contents of individual placard or decal

 

811.606     Parking permit for person with temporary disability

 

811.607     Program placards; rules

 

811.609     Family placards

 

811.611     Foreign visitor placard

 

811.612     Maintenance of privileges after relocation

 

811.613     Wheelchair User placard; rules

 

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

 

811.617     Blocking parking space reserved for persons with disabilities; penalty

 

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

 

811.625     Unlawful use of disabled person parking permit; penalty

 

811.627     Use of invalid disabled person parking permit; penalty

 

811.630     Misuse of program placard; penalty

 

811.632     Appointment of volunteers to issue citations

 

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

 

811.637     Privileges granted by program placards

 

ACCIDENTS

 

(Duties)

 

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

 

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

 

811.706     Money damages resulting from violation of ORS 811.700 or 811.705

 

811.707     Crime classification for violation of ORS 811.705

 

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

 

811.715     Failure to perform duties of witness to accident; penalty

 

811.717     Failure to remove motor vehicle from roadway; penalty

 

(Reports)

 

811.720     When accident must be reported to Department of Transportation

 

811.725     Driver failure to report accident to Department of Transportation; penalty

 

811.730     Owner failure to report accident to Department of Transportation; penalty

 

811.735     Failure of vehicle occupant to make accident report to Department of Transportation; penalty

 

811.740     False accident report; penalty

 

811.745     When accident must be reported to police officer or law enforcement agency

 

811.747     Definitions for ORS 811.748 and 811.750

 

811.748     Driver failure to report accident to police officer or law enforcement agency; penalty

 

811.750     Failure of vehicle occupant to make accident report to police officer or law enforcement agency; penalty

 

FUNERAL PROCESSIONS

 

811.800     Operation of funeral vehicles with improper lights; penalty

 

811.802     Failure to yield right of way to funeral procession; penalty

 

811.804     Intersection rules for funeral processions

 

811.806     Exceeding maximum speed for funeral procession; penalty

 

811.808     Exemption from speed limits for funeral escort vehicle

 

811.810     Disrupting funeral procession; penalty

 

811.812     Free passage for funeral procession vehicles

 

DUTIES TO PEDESTRIANS AND BICYCLES

 

      811.005 Duty to exercise due care. None of the provisions of the vehicle code relieve a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians. [1983 c.338 §543]

 

      811.010 [1983 c.338 §544; 1985 c.16 §279; 2003 c.278 §1; repealed by 2005 c.746 §4]

 

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

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

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

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

      (3) The offense described in this section, failure to obey a traffic patrol member, is a Class A traffic violation. [1983 c.338 §545; 1995 c.383 §12; 2003 c.278 §2]

 

      811.017 Failure to yield to traffic patrol member; penalty. (1) The driver of a vehicle commits the offense of failure to yield to a traffic patrol member if the driver fails to stop and yield the right of way to a traffic patrol member who:

      (a) Has entered a crosswalk for the purpose of directing students who have entered or are about to enter the crosswalk; and

      (b) Is carrying a flag or wearing something that identifies the person as a traffic patrol member.

      (2) For purposes of this section, “traffic patrol” has the meaning given that term in ORS 339.650.

      (3) The offense described in this section, failure to yield to a traffic patrol member, is a Class A traffic violation. [2003 c.557 §2]

 

      811.020 Passing stopped vehicle at crosswalk; penalty. (1) The driver of a vehicle commits the offense of passing a stopped vehicle at a crosswalk if the driver:

      (a) Approaches from the rear another vehicle that is stopped at a marked or an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway; and

      (b) Overtakes and passes the stopped vehicle.

      (2) The offense described in this section, passing a stopped vehicle at a crosswalk, is a Class B traffic violation. [1983 c.338 §546]

 

      811.025 Failure to yield to pedestrian on sidewalk; penalty. (1) The driver of a vehicle commits the offense of failure to yield to a pedestrian on a sidewalk if the driver does not yield the right of way to any pedestrian on a sidewalk.

      (2) The offense described in this section, failure to yield to a pedestrian on a sidewalk, is a Class B traffic violation. [1983 c.338 §547; 1995 c.383 §42]

 

      811.028 Failure to stop and remain stopped for pedestrian; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is:

      (a) Proceeding in accordance with a traffic control device as provided under ORS 814.010 or crossing the roadway in a crosswalk; and

      (b) In any of the following locations:

      (A) In the lane in which the driver’s vehicle is traveling;

      (B) In a lane adjacent to the lane in which the driver’s vehicle is traveling;

      (C) In the lane into which the driver’s vehicle is turning;

      (D) In a lane adjacent to the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed as provided under ORS 814.010; or

      (E) Less than six feet from the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that has a traffic control device under which a pedestrian may proceed as provided under ORS 814.010.

      (2) For the purpose of this section, a bicycle lane or the part of a roadway where a vehicle stops, stands or parks that is adjacent to a lane of travel is considered to be part of that adjacent lane of travel.

      (3) This section does not require a driver to stop and remain stopped for a pedestrian under any of the following circumstances:

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

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

      (4) For the purposes of this section, a pedestrian is crossing the roadway in a crosswalk when any part or extension of the pedestrian, including but not limited to any part of the pedestrian’s body, wheelchair, cane, crutch or bicycle, moves onto the roadway in a crosswalk with the intent to proceed.

      (5) The offense described in this section, failure to stop and remain stopped for a pedestrian, is a Class B traffic violation. [2005 c.746 §2; 2011 c.507 §1]

 

      Note: 811.028 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      811.030 Driving through safety zone; penalty. (1) The driver of a vehicle commits the offense of driving through a safety zone if the driver at any time drives through or within any area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

      (2) The offense described in this section, driving through a safety zone, is a Class B traffic violation. [1983 c.338 §548; 1995 c.383 §43]

 

      811.035 Failure to stop and remain stopped for pedestrian who is blind; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian who is blind if the driver violates any of the following:

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

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

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

      (3) For the purposes of this section, a pedestrian is crossing the roadway when any part or extension of the pedestrian, including but not limited to any part of the pedestrian’s body, wheelchair, cane, crutch, bicycle or leashed animal, moves onto the roadway with the intent to proceed.

      (4) The offense described in this section, failure to stop and remain stopped for a pedestrian who is blind, is a Class B traffic violation. [1983 c.338 §549; 1985 c.16 §280; 2003 c.278 §3; 2007 c.70 §329; 2011 c.507 §2]

 

      811.040 [1983 c.338 §550; 1985 c.16 §281; 2003 c.278 §4; repealed by 2005 c.746 §4]

 

      811.045 [1983 c.338 §551; 2003 c.278 §5; repealed by 2005 c.746 §4]

 

      811.050 Failure to yield to rider on bicycle lane; penalty. (1) A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, electric personal assistive mobility device, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane.

      (2) This section does not require a person operating a moped to yield the right of way to a bicycle or a motor assisted scooter if the moped is operated on a bicycle lane in the manner permitted under ORS 811.440.

      (3) The offense described in this section, failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a Class B traffic violation. [1983 c.338 §698; 1985 c.16 §336; 1991 c.417 §4; 1997 c.400 §8; 2001 c.749 §23; 2003 c.341 §7]

 

      811.055 Failure to yield to bicyclist on sidewalk; penalty. (1) The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any bicyclist on a sidewalk.

      (2) The driver of a motor vehicle is not in violation of this section when a bicyclist is operating in violation of ORS 814.410. Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care.

      (3) The offense described in this section, failure to yield the right of way to a bicyclist on a sidewalk, is a Class B traffic violation. [1983 c.338 §702; 1985 c.16 §340; 1995 c.383 §44]

 

      811.060 Vehicular assault of bicyclist or pedestrian; penalty. (1) For the purposes of this section, “recklessly” has the meaning given that term in ORS 161.085.

      (2) A person commits the offense of vehicular assault of a bicyclist or pedestrian if:

      (a) The person recklessly operates a vehicle upon a highway in a manner that results in contact between the person’s vehicle and a bicycle operated by a person, a person operating a bicycle or a pedestrian; and

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

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

 

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

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

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

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

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

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

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

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

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

 

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

 

SPEED

 

(Basic Rule)

 

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

      (a) The traffic.

      (b) The surface and width of the highway.

      (c) The hazard at intersections.

      (d) Weather.

      (e) Visibility.

      (f) Any other conditions then existing.

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

 

      811.106 [1995 c.558 §2; 1997 c.682 §4; 2003 c.397 §7; 2003 c.819 §§7,7a,7b; renumbered 810.243 in 2011]

 

      811.108 Relationship between speed limits and basic rule. (1) The speed limits established by ORS 811.111 do not authorize speeds higher than those required for compliance with the basic speed rule.

      (2) The basic speed rule does not authorize speeds higher than those established as speed limits by ORS 811.111. [1987 c.887 §5; 2003 c.819 §8]

(Maximum Speeds)

 

      811.109 Penalties for speed violations. (1) Violation of a specific speed limit imposed under law or of a posted speed limit is punishable as follows:

      (a) One to 10 miles per hour in excess of the speed limit is a Class D traffic violation.

      (b) 11 to 20 miles per hour in excess of the speed limit is a Class C traffic violation.

      (c) 21 to 30 miles per hour in excess of the speed limit is a Class B traffic violation.

      (d) Over 30 miles per hour in excess of the speed limit is a Class A traffic violation.

      (2) Notwithstanding subsection (1) of this section, if the speed limit is 65 miles per hour or greater and:

      (a) The person is exceeding the speed limit by 10 miles per hour or less, the offense is a Class C traffic violation.

      (b) The person is exceeding the speed limit by more than 10 miles per hour but not more than 20 miles per hour, the offense is a Class B traffic violation.

      (c) The person is exceeding the speed limit by more than 20 miles per hour, the offense is a Class A traffic violation.

      (3) Violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 is punishable as follows:

      (a) One to 10 miles per hour in excess of the designated speed is a Class D traffic violation.

      (b) 11 to 20 miles per hour in excess of the designated speed is a Class C traffic violation.

      (c) 21 to 30 miles per hour in excess of the designated speed is a Class B traffic violation.

      (d) Over 30 miles per hour in excess of the designated speed is a Class A traffic violation.

      (4) In addition to a fine imposed under subsection (1), (2) or (3) of this section, a court may order a suspension of driving privileges for up to 30 days if a person exceeds a speed limit or designated speed by more than 30 miles per hour and the person has received at least one prior conviction under ORS 811.100 or 811.111 within 12 months of the date of the current offense.

      (5) Notwithstanding subsections (1) to (3) of this section, if a person drives 100 miles per hour or greater when the person commits a violation described in this section, the person commits a specific fine traffic violation. The presumptive fine for a violation under this subsection is $1,150, and upon conviction the court shall order a suspension of driving privileges for not less than 30 days nor more than 90 days.

      (6) When a court orders a suspension under subsection (4) or (5) of this section, the court shall prepare and send to the Department of Transportation an order of suspension of driving privileges of the person. Upon receipt of an order under this subsection, the department shall take action as directed under ORS 809.280. [1995 c.383 §14; 2003 c.819 §17; 2005 c.491 §1; 2011 c.597 §§96,319]

 

      811.110 [1983 c.338 §565; 1987 c.887 §11; 1991 c.185 §9; 1995 c.383 §15; 2001 c.176 §6; 2003 c.402 §36; repealed by 2003 c.819 §§19,20]

 

      811.111 Violating a speed limit; penalty. (1) A person commits the offense of violating a speed limit if the person:

      (a) Drives a vehicle on an interstate highway at a speed greater than 65 miles per hour or, if a different speed is posted under ORS 810.180 (3), at a speed greater than the posted speed.

      (b) Notwithstanding paragraph (a) of this subsection, drives any of the following vehicles at a speed greater than 55 miles per hour on any highway or, if a different speed is posted under ORS 810.180 (3), at a speed greater than the posted speed:

      (A) A motor truck with a gross vehicle weight rating of more than 10,000 pounds or a truck tractor with a gross vehicle weight rating of more than 8,000 pounds.

      (B) A school bus.

      (C) A school activity vehicle.

      (D) A worker transport bus.

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

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

      (c) Drives a vehicle or conveyance on any part of the ocean shore in this state at a speed greater than any of the following:

      (A) Any designated speed for ocean shores that is established and posted under ORS 810.180.

      (B) If no designated speed is posted under ORS 810.180, 25 miles per hour.

      (d) Drives a vehicle upon a highway in any city at a speed greater than a speed posted by authority granted under ORS 810.180 or, if no speed is posted, the following:

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

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

      (C) Twenty-five miles per hour in a public park.

      (D) Twenty-five miles per hour on a highway in a residence district if the highway is not an arterial highway.

      (E) Sixty-five miles per hour on an interstate highway.

      (F) Fifty-five miles per hour in locations not otherwise described in this paragraph.

      (e) Drives a vehicle in a school zone at a speed greater than 20 miles per hour if the school zone is:

      (A) A segment of highway described in ORS 801.462 (1)(a) and:

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

      (ii) If the school zone does not have a flashing light used as a traffic control device, the person drives in the school zone between 7 a.m. and 5 p.m. on a day when school is in session.

      (B) A crosswalk described in ORS 801.462 (1)(b) and:

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

      (ii) Children are present, as described in ORS 811.124.

      (2) The offense described in this section, violating a speed limit, is punishable as provided in ORS 811.109. [2003 c.819 §4; 2003 c.819 §4a; 2005 c.573 §1; 2005 c.770 §6; 2007 c.367 §4]

 

      811.112 [1987 c.887 §4; 1995 c.383 §16; repealed by 2003 c.819 §19]

 

      811.115 [1983 c.338 §566; 1985 c.420 §8; 1987 c.887 §12; 1989 c.457 §1; 1989 c.992 §19; 1995 c.383 §17; 1999 c.359 §9; repealed by 2003 c.819 §19]

 

      811.120 [1983 c.338 §567; 1987 c.887 §13; 1995 c.383 §18; repealed by 2003 c.819 §19]

 

      811.122 [1989 c.592 §2; repealed by 1991 c.728 §6]

 

      811.123 [1991 c.728 §2; 1995 c.383 §19; 1995 c.558 §4; 1997 c.404 §6; 1997 c.438 §4; 2003 c.397 §8; repealed by 2003 c.819 §§19,21]

 

      811.124 Meaning of “children are present” in ORS 811.111. For purposes of ORS 811.111, children are present at any time and on any day when:

      (1) Children are:

      (a) Occupying or walking within a crosswalk described in ORS 801.462 (1)(b); or

      (b) Waiting on the curb or shoulder of the highway at a crosswalk described in ORS 801.462 (1)(b); or

      (2) A traffic patrol member provided under ORS 339.650 to 339.665 is present to assist children at a crosswalk described in ORS 801.462 (1)(b). [1997 c.438 §2; 2003 c.397 §5; 2003 c.819 §§9,9a,9b]

 

(Racing)

 

      811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:

      (a) A speed competition or contest.

      (b) An acceleration contest.

      (c) A test of physical endurance.

      (d) An exhibition of speed or acceleration.

      (e) The making of a speed record.

      (f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.

      (g) A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

      (2) The offense described in this section, speed racing on a highway, is a Class A traffic violation and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]

 

      811.127 Organizing a speed racing event; penalty. (1) Except as provided in subsection (3) of this section, a person commits the offense of organizing a speed racing event if the person in any manner organizes a speed racing event.

      (2) As used in this section, “speed racing event” means an event that:

      (a) Is preplanned and coordinated and involves two or more vehicles;

      (b) Includes any of the activities described in ORS 811.125 (1); and

      (c) Takes place on a highway.

      (3) A person who organizes a speed racing event is not in violation of this section if the person has a permit from the road authority for the highway on which the event takes place.

      (4) The offense described in this section, organizing a speed racing event, is a Class C felony. [2003 c.550 §2]

 

(Impeding Traffic)

 

      811.130 Impeding traffic; penalty. (1) A person commits the offense of impeding traffic if the person drives a motor vehicle or a combination of motor vehicles in a manner that impedes or blocks the normal and reasonable movement of traffic.

      (2) A person is not in violation of the offense described under this section if the person is proceeding in a manner needed for safe operation.

      (3) Proceeding in a manner needed for safe operation includes but is not necessarily limited to:

      (a) Momentarily stopping to allow oncoming traffic to pass before making a right-hand or left-hand turn.

      (b) Momentarily stopping in preparation of, or moving at an extremely slow pace while, negotiating an exit from the road.

      (4) A person is not in violation of the offense described under this section if the person is proceeding as part of a funeral procession under the direction of a funeral escort vehicle or a funeral lead vehicle.

      (5) The offense described in this section, impeding traffic, is a Class D traffic violation. [1983 c.338 §569; 1985 c.16 §288; 1989 c.433 §1; 1991 c.482 §18; 1995 c.383 §45]

 

CARELESS AND RECKLESS DRIVING

 

      811.135 Careless driving; penalty. (1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.

      (2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation.

      (3) In addition to any other penalty imposed for an offense committed under this section, if the court determines that the commission of the offense described in this section contributed to the serious physical injury or death of a vulnerable user of a public way, the court shall:

      (a) Impose a sentence that requires the person to:

      (A) Complete a traffic safety course; and

      (B) Perform between 100 and 200 hours of community service, notwithstanding ORS 137.129. The community service must include activities related to driver improvement and providing public education on traffic safety;

      (b) Order, but suspend on the condition that the person complete the requirements of paragraph (a) of this subsection:

      (A) A fine of up to $12,500, notwithstanding ORS 153.018; and

      (B) A suspension of driving privileges for one year as provided in ORS 809.280; and

      (c) Set a hearing date up to one year from the date of sentencing.

      (4) At the hearing described in subsection (3)(c) of this section, the court shall:

      (a) If the person has successfully completed the requirements described in subsection (3)(a) of this section, dismiss the penalties ordered under subsection (3)(b) of this section; or

      (b) If the person has not successfully completed the requirements described in subsection (3)(a) of this section:

      (A) Grant the person an extension based on good cause shown; or

      (B) Order the penalties under subsection (3)(b) of this section.

      (5) When a court orders a suspension under subsection (4) of this section, the court shall prepare and send to the Department of Transportation an order of suspension of driving privileges of the person. Upon receipt of an order under this subsection, the department shall take action as directed under ORS 809.280.

      (6) The police officer issuing the citation for an offense under this section shall note on the citation if the cited offense appears to have contributed to the serious physical injury or death of a vulnerable user of a public way. [1983 c.338 §570; 1995 c.383 §20; 2007 c.784 §3; 2011 c.355 §11; 2011 c.423 §1]

 

      811.140 Reckless driving; penalty. (1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.

      (2) The use of the term “recklessly” in this section is as defined in ORS 161.085.

      (3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571]

 

SPECIAL SAFETY MEASURES

 

      811.145 Failure to yield to emergency vehicle or ambulance; penalty. (1) A person commits the offense of failure to yield to an emergency vehicle or ambulance if an ambulance or emergency vehicle that is using a visual or audible signal in a manner described under ORS 820.300 and 820.320 approaches the vehicle the person is operating and the person does not do all of the following:

      (a) Yield the right of way to the ambulance or emergency vehicle.

      (b) Immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the roadway clear of any intersection.

      (c) Stop and remain in such position until the emergency vehicle or ambulance has passed.

      (2) A person is not in violation of this section if the person is acting as otherwise directed by a police officer.

      (3) This section does not relieve the driver of an emergency vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway, nor does this section protect the driver of any such vehicle from the consequence of an arbitrary exercise of the right of way granted under this section.

      (4) The offense described in this section, failure to yield to an emergency vehicle or ambulance, is a Class B traffic violation. [1983 c.338 §582; 1985 c.16 §289; 1995 c.383 §46]

 

      811.147 Failure to maintain safe distance from emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance; penalty. (1) As used in this section, “roadside assistance vehicle” means a vehicle with warning lights that responds to requests for repair assistance from motorists with disabled vehicles.

      (2) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance if the person approaches an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance that is stopped and is displaying required warning lights and the person:

      (a) On a highway having two or more lanes for traffic in a single direction, fails to:

      (A) Make a lane change to a lane not adjacent to that of the emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance; or

      (B) Reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180, if making a lane change is unsafe.

      (b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.

      (3) The offense described in this section, failure to maintain a safe distance from an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance, is a Class B traffic violation. [2003 c.42 §2; 2009 c.198 §1; 2010 c.30 §17]

 

      Note: 811.147 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      811.150 Interference with emergency vehicle or ambulance; exemptions; penalty. (1) A person commits the offense of interference with an emergency vehicle or ambulance if the person does any of the following:

      (a) Drives a vehicle following at a distance closer than 500 feet any emergency vehicle or ambulance that is traveling in response to a fire alarm or emergency.

      (b) Drives or parks a vehicle in a manner that interferes with the emergency vehicle or ambulance responding to a fire alarm or emergency.

      (c) Drives over an unprotected hose of a fire department laid down on any highway, private road or driveway to be used at any fire, alarm of fire or emergency.

      (2) The following exemptions apply to this section:

      (a) Nothing in this section prohibits a driver of an emergency vehicle or ambulance from following within 500 feet of an emergency vehicle or ambulance traveling in response to a fire alarm or emergency or from driving into or parking a vehicle in the area or vicinity where such vehicles have stopped in response to an alarm or emergency.

      (b) Nothing in this section prevents any person from driving over an unprotected hose of a fire department if the person first obtains the permission of a fire department official or police officer at the scene of the fire, alarm of fire or emergency.

      (3) The offense described in this section, interference with an emergency vehicle or ambulance, is a Class B traffic violation. [1983 c.338 §584; 1985 c.16 §291; 1985 c.190 §1; 1995 c.383 §47]

 

      811.155 Failure to stop for bus safety lights; exemptions; penalty. (1) A driver commits the offense of failure to stop for bus safety lights if the driver meets or overtakes from either direction any vehicle that is stopped on a roadway and that is operating red bus safety lights described under ORS 816.260 and the driver does not:

      (a) Stop before reaching the vehicle; and

      (b) Remain standing until the bus safety lights are no longer operating.

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

      (a) The offense described in this section does not apply if the vehicle operating the bus safety lights is not permitted under ORS 816.350 and 816.360 to operate red bus safety lights.

      (b) A driver need not comply with this section if the vehicle operating red bus safety lights is stopped on a different roadway.

      (3) The offense described in this section, failure to stop for bus safety lights, is a Class A traffic violation. [1983 c.338 §583; 1985 c.16 §290]

 

      811.157 Report by driver of violation of ORS 811.155; contents. (1) The driver of a school bus, worker transport bus or a bus issued a permit under ORS 818.260 may report a violation of ORS 811.155 to the local law enforcement agency having jurisdiction over the area where the violation is alleged to have occurred.

      (2) A report under subsection (1) of this section shall be made within 72 hours of the alleged violation and shall contain:

      (a) The date and time of day of the alleged violation;

      (b) The name of the street on which the bus was traveling at the time of the alleged violation and either the approximate address or the name of the closest intersecting street;

      (c) The direction in which the bus was traveling and the direction in which the vehicle alleged to have committed the violation was traveling;

      (d) The weather conditions, including visibility, at the time of the alleged violation; and

      (e) The following information about the vehicle alleged to have committed the violation:

      (A) Number and state of issuance of the registration plate; and

      (B) Whether the vehicle is a sedan, station wagon, van, truck, bus, motorcycle or other type of vehicle.

      (3) In addition to the information required by subsection (2) of this section, the report may contain any other identifying information, including but not limited to color of the vehicle, that the reporting bus driver has about the vehicle or the driver of the vehicle alleged to have committed the violation. [1987 c.654 §2]

 

      811.159 Law enforcement agency response to report of violation of ORS 811.155. Upon receipt of a report containing the information required by ORS 811.157 (2), the law enforcement agency shall determine the name and address of the registered owner of the vehicle and shall send the registered owner a letter informing the owner that the vehicle was observed violating ORS 811.155. The letter shall include, at a minimum, information from the report filed under ORS 811.157 specifying the time and place of the alleged violation. [1987 c.654 §3]

 

      811.160 Interference with rail fixed guideway system operation; penalty. (1) A person commits the offense of interference with rail fixed guideway system operation if the person does any of the following:

      (a) Drives any vehicle in front of a rail fixed guideway system vehicle upon a track and the person fails to remove the person’s vehicle from the track as soon as practicable after signal from the operator of the rail fixed guideway system vehicle.

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

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

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

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

 

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

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

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

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

      (a) Commercial buses; and

      (b) Rail fixed guideway system vehicles.

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

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

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

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

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

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

 

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

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

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

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

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

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

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

      (5) The offense described in this section, failure to yield the right of way to a transit bus entering traffic, is a Class D traffic violation. [1997 c.509 §2; 2013 c.202 §1]

 

OPEN CONTAINER VIOLATIONS

 

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

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

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

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

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

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

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

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

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

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

 

DISPOSING OF HUMAN WASTE

 

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

      (2) The offense described in this section, improperly disposing of human waste, is a Class A misdemeanor. [1999 c.670 §2; 2011 c.597 §305]

 

DRIVING WHILE SUSPENDED OR REVOKED

 

      811.175 Violation driving while suspended or revoked; penalties. (1) A person commits the offense of violation driving while suspended or revoked if the person does any of the following:

      (a) Drives a motor vehicle upon a highway during a period when the person’s driving privileges or right to apply for driving privileges have been suspended or revoked in this state by a court or by the Department of Transportation.

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

      (c) Drives a commercial motor vehicle upon a highway during a period when the person’s driving privileges or commercial driving privileges have been suspended or revoked in this state or any other jurisdiction.

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

      (3) The offense described in this section is applicable upon any premises open to the public.

      (4) The offense described in this section, violation driving while suspended or revoked, is a Class A traffic violation except as otherwise provided in ORS 811.182. [1983 c.338 §598; 1985 c.16 §304; 1987 c.730 §1; 1987 c.801 §9; 1989 c.171 §91; 1989 c.636 §45; 1997 c.249 §228; 1999 c.1051 §90; 2009 c.395 §10]

 

      811.180 Affirmative defenses. The following establishes affirmative defenses in prosecutions for driving while suspended or revoked in violation of ORS 811.175 or 811.182 and describes when the affirmative defenses are not available:

      (1) In addition to other defenses provided by law, including but not limited to ORS 161.200, it is an affirmative defense to the offenses described in ORS 811.175 and 811.182 that:

      (a) An injury or immediate threat of injury to a human being or animal, and the urgency of the circumstances made it necessary for the defendant to drive a motor vehicle at the time and place in question; or

      (b) The defendant had not received notice of the defendant’s suspension or revocation or been informed of the suspension or revocation by a trial judge who ordered a suspension or revocation of the defendant’s driving privileges or right to apply.

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.

      (b) Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:

      (A) Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or

      (B) Aggravated vehicular homicide or aggravated driving while suspended or revoked. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13; 2009 c.783 §14; 2011 c.597 §97; 2013 c.649 §3]

 

Note 1: The amendments to ORS 811.182 by section 3, chapter 649, Oregon Laws 2013, apply to sentences imposed on or after August 1, 2013, but do not apply to certain persons originally sentenced before August 1, 2013, and who are resentenced on or after August 1, 2013. See section 4, chapter 649, Oregon Laws 2013. The text that applies to sentences imposed before August 1, 2013, and to certain persons resentenced on or after August 1, 2013, is set forth for the user’s convenience.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (6) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the Oregon Criminal Justice Commission.

 

      Note 2: Section 4, chapter 649, Oregon Laws 2013, provides:

      Sec. 4. (1) The amendments to ORS 811.182 by section 3 of this 2013 Act apply to sentences imposed on or after August 1, 2013.

      (2) Notwithstanding subsection (1) of this section, the amendments to ORS 811.182 by section 3 of this 2013 Act do not apply to persons who were originally sentenced before August 1, 2013, and who are subsequently resentenced on or after August 1, 2013, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2013 c.649 §4]

 

Note 3: The amendments to 811.182 by section 26, 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.

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

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

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

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

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

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

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

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

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

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

      (d) A suspension of commercial driving privileges under ORS 809.510 resulting from failure to perform the duties of a driver under ORS 811.700.

      (e) A suspension of commercial driving privileges under ORS 809.510 (6) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100.

      (f) A suspension of commercial driving privileges under ORS 809.520.

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

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

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

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

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

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

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

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

      (6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.

      (b) Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:

      (A) Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or

      (B) Aggravated vehicular homicide or aggravated driving while suspended or revoked.

 

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

 

DRIVER OFFENSES INVOLVING PASSENGERS

 

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

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

 

      811.193 Smoking in motor vehicle when child is present; penalty. (1)(a) A person commits the offense of smoking in a motor vehicle if the person smokes in a motor vehicle while a person under 18 years of age is in the motor vehicle.

      (b) As used in this subsection, “smokes” means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance.

      (2) Notwithstanding ORS 810.410, a police officer may enforce this section only if the police officer has already stopped and detained the driver operating the motor vehicle for a separate traffic violation or other offense.

      (3) Smoking in a motor vehicle is a:

      (a) Class D traffic violation for a first offense.

      (b) Class C traffic violation for a second or subsequent offense. [2013 c.361 §2]

 

      Note: 811.193 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

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

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

      (a) A commercial bus trailer.

      (b) An independently steered trailer.

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

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

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

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

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

 

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

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

 

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

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

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

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

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

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

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

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

      (ii) The minor has a hunting license.

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

 

      811.207 Legislative findings regarding restraint of children in motor vehicles. The Legislative Assembly finds that:

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

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

 

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

 

      811.210 Failure to properly use safety belts; penalty. (1)(a) Except as provided in ORS 811.215, a person commits the offense of failure to properly use safety belts if the person:

      (A) Operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.

      (B) Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child who is under 16 years of age and the child, while operating on public lands a Class I, Class II or Class IV all-terrain vehicle that is not registered under ORS 803.420, is not properly secured with a safety belt or safety harness.

      (C) Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child who is under 16 years of age and the child, while operating on public lands a Class II all-terrain vehicle registered under ORS 803.420, is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.

      (D) Operates a motor vehicle on the highways of this state with a passenger who is under 16 years of age and the passenger is not properly secured with a child safety system, safety belt or safety harness as required by subsection (2) of this section.

      (E) Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child who is under 16 years of age and the child, while riding on public lands in or on a Class I, Class II or Class IV all-terrain vehicle that is not registered under ORS 803.420, is not properly secured with a safety belt or safety harness.

      (F) Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child who is under 16 years of age and the child, while riding on public lands in or on a Class II all-terrain vehicle registered under ORS 803.420, is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.

      (G) Is a passenger in a privately owned commercial vehicle, as defined in ORS 801.210, that is designed and used for the transportation of 15 or fewer persons, including the driver, and the person is 16 years of age or older and is responsible for another passenger who is not properly secured with a child safety system as required under subsection (2)(a), (b) or (c) of this section.

      (H) Is a passenger in a motor vehicle being operated on the highways of this state who is 16 years of age or older and who is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.

      (b) As used in this subsection, “public lands” includes privately owned land that is open to the general public for the use of all-terrain vehicles as the result of funding from the All-Terrain Vehicle Account under ORS 390.560.

      (2) To comply with this section:

      (a) A person who is under one year of age, regardless of weight, or a person who weighs 20 pounds or less must be properly secured with a child safety system in a rear-facing position.

      (b) A person who weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children weighing 40 pounds or less.

      (c) Except as provided in subsection (3) of this section, a person who weighs more than 40 pounds and who is four feet nine inches or shorter must be properly secured with a child safety system that elevates the person so that a safety belt or safety harness properly fits the person. As used in this paragraph, “properly fits” means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck. The child safety system shall meet the minimum standards and specifications established by the department under ORS 815.055 for child safety systems designed for children who are four feet nine inches or shorter.

      (d) A person who is taller than four feet nine inches must be properly secured with a safety belt or safety harness that meets requirements under ORS 815.055.

      (e) Notwithstanding paragraphs (b) and (c) of this subsection, a person who is eight years of age or older need not be secured with a child safety system but must be properly secured with a safety belt or safety harness that meets requirements under ORS 815.055.

      (3) The requirements of subsection (2)(c) of this section do not apply:

      (a) If the rear seat of a vehicle is not equipped with shoulder belts, provided the person is secured by a lap belt; or

      (b) If the child is properly secured with a child safety system that meets the minimum standards and specifications established by the department under ORS 815.055 for child safety systems designed for children weighing more than 40 pounds.

      (4) The offense described in this section, failure to properly use safety belts, is a Class D traffic violation. [1985 c.16 §309; 1985 c.619 §1; 1991 c.2 §1; 1993 c.153 §1; 1993 c.751 §112; 2001 c.679 §1; 2003 c.159 §1; 2005 c.244 §2; 2007 c.601 §2; 2009 c.498 §1; 2010 c.30 §10; 2011 c.300 §1; 2011 c.360 §17]

      811.215 Exemptions from safety belt requirements. ORS 811.210 does not apply to:

      (1) Privately owned commercial vehicles that are being used for the transportation of persons for compensation or profit. The exemption in this subsection does not apply to any of the following:

      (a) Motor carriers, as defined in ORS 825.005, when operating in interstate commerce.

      (b) Vehicles designed and used for the transportation of 15 or fewer persons, including the driver, except that the operator of a vehicle described in this paragraph is not required to:

      (A) Be properly secured with a safety belt or safety harness as required by ORS 811.210 if the operator is a taxicab operator; or

      (B) Ensure that a passenger is properly secured with a child safety system as described in ORS 811.210 (2)(a), (b) or (c).

      (2) Any vehicle not required to be equipped with safety belts or safety harnesses at the time the vehicle was manufactured, unless safety belts or safety harnesses have been installed in the vehicle.

      (3) Any vehicle exempted by ORS 815.080 from requirements to be equipped upon sale with safety belts or safety harnesses.

      (4) Any person for whom a certificate is issued by the Department of Transportation under ORS 811.220.

      (5) Any person who is a passenger in a vehicle if all seating positions in the vehicle are occupied by other persons.

      (6) Any person who is being transported while in the custody of a police officer or any law enforcement agency.

      (7) Any person who is delivering newspapers or mail in the regular course of work.

      (8) Any person who is riding in an ambulance for the purpose of administering medical aid to another person in the ambulance, if being secured by a safety belt or safety harness would substantially inhibit the administration of medical aid.

      (9) Any person who is reading utility meters in the regular course of work.

      (10) Any person who is employed to operate a vehicle owned by a mass transit district while the vehicle is being used for the transportation of passengers in the public transportation system of the district.

      (11) Any person who is collecting solid waste or recyclable materials in the regular course of work. [1985 c.619 §3; 1987 c.138 §3; 1991 c.2 §2; 1997 c.509 §3; 1999 c.1057 §4; 2003 c.589 §5; 2005 c.244 §1; 2005 c.770 §8; 2007 c.200 §1; 2007 c.601 §3]

 

      811.220 Certificates of exemption from safety belt requirement. The Director of Transportation shall issue a certificate of exemption required under ORS 811.215 for any person on whose behalf a statement signed by a physician is presented to the Department of Transportation. For a physician’s statement to qualify under this section, the physician giving the statement must set forth reasons in the statement why use of a child safety system, safety belt or safety harness by the person would be impractical or harmful to the person by reason of physical condition, medical problem or body size. [1985 c.16 §310; 1985 c.619 §4; 1991 c.2 §3; 1995 c.79 §372; 2001 c.104 §306]

 

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

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

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

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

 

HIGHWAY WORK ZONES

 

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

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

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

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

      (2)(a) The presumptive fine for a person convicted of an offense that is listed in subsection (3)(a) or (b) of this section and that is committed in a highway work zone is the presumptive fine for the offense established under ORS 153.020.

      (b) The minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a highway work zone is 20 percent of the maximum fine established for the offense.

      (c) The minimum fine for a person convicted of a felony offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a highway work zone is two percent of the maximum fine established for the offense.

      (3) This section applies to the following offenses if committed in a highway work zone:

      (a) Class A or Class B traffic violations.

      (b) Class C or Class D traffic violations related to exceeding a legal speed.

      (c) Reckless driving, as defined in ORS 811.140.

      (d) Driving while under the influence of intoxicants, as defined in ORS 813.010.

      (e) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.

      (f) Criminal driving while suspended or revoked, as defined in ORS 811.182.

      (g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.

      (4) When a highway work zone is created, the agency, contractor or company responsible for the work may post signs designed to give motorists notice of the provisions of this section. [1995 c.253 §2; 1997 c.843 §3; 1999 c.1051 §292; 2011 c.597 §114]

 

      811.231 Reckless endangerment of highway workers; penalties. (1) A person commits the offense of reckless endangerment of highway workers if the person drives a motor vehicle in a highway work zone in such a manner as to endanger persons or property or if the person removes, evades or intentionally strikes a traffic control device in a highway work zone.

      (2) Reckless endangerment of highway workers is a Class A misdemeanor. In addition to any other penalty, a person convicted of reckless endangerment of highway workers is subject to suspension of driving privileges as provided in ORS 809.411 (6). [1995 c.253 §3; 1997 c.83 §4; 2001 c.176 §7; 2003 c.402 §38]

 

      811.232 Refusing to obey flagger; penalty. (1) A person commits the offense of refusing to obey a flagger if the person intentionally and unreasonably disobeys a lawful order by a flagger relating to driving a motor vehicle in a highway work zone.

      (2) Refusing to obey a flagger is a Class A traffic violation. [1995 c.253 §4]

 

      811.233 Failure to yield right of way to highway worker; penalty. (1) A person commits the offense of failure to yield the right of way to a highway worker who is a pedestrian if the person is operating a motor vehicle in a highway work zone and does not yield the right of way to a highway worker who is a pedestrian.

      (2) The provisions of ORS 814.040 and 814.070 regarding pedestrians do not apply to pedestrians described in subsection (1) of this section.

      (3) The offense described in this section, failure to yield the right of way to a highway worker who is a pedestrian, is a Class B traffic violation. [1997 c.843 §2]

 

SCHOOL ZONE PENALTIES

 

      811.235 Fine for traffic offenses in school zones. (1)(a) If signs authorized by ORS 810.245 are posted, the presumptive fine for a person charged with an offense that is listed in subsection (2)(a) or (b) of this section and that is committed in a school zone shall be the amount established under ORS 153.020 for the offense.

      (b) If signs authorized by ORS 810.245 are posted, the minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (2)(c) to (g) of this section and that is committed in a school zone is 20 percent of the maximum fine established for the offense.

      (c) If signs authorized by ORS 810.245 are posted, the minimum fine for a person convicted of a felony offense that is listed in subsection (2)(c) to (g) of this section and that is committed in a school zone is two percent of the maximum fine established for the offense.

      (2) This section applies to the following offenses if committed in a school zone:

      (a) Class A or Class B traffic violations.

      (b) Class C or Class D traffic violations related to exceeding a legal speed.

      (c) Reckless driving, as defined in ORS 811.140.

      (d) Driving while under the influence of intoxicants, as defined in ORS 813.010.

      (e) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.

      (f) Criminal driving while suspended or revoked, as defined in ORS 811.182.

      (g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.

      (3) For purposes of this section, a traffic offense occurs in a school zone if the offense occurs while the motor vehicle is in a school zone, notice of the school zone is indicated plainly by traffic control devices conforming to the requirements established under ORS 810.200 and posted under authority granted by ORS 810.210 and:

      (a) Children are present as described in ORS 811.124; or

      (b) A flashing light used as a traffic control device and operated under ORS 810.243 indicates that children may be arriving at or leaving school. [1997 c.682 §3; 1999 c.1051 §293; 2003 c.397 §9; 2011 c.597 §115]

 

GENERAL DRIVING RULES

 

(Generally)

 

      811.250 Law applicable to vehicles registered out of state. Any out-of-state registered vehicle is subject to all laws, rules and regulations governing the operation of such vehicles on the highways of this state. [1983 c.338 §606; 1985 c.401 §15]

 

      811.255 Permitting unlawful operation of vehicle; penalty. (1) A person who is an owner, lessor or lessee of a motor vehicle or who employs or otherwise directs the driver of a motor vehicle, commits the offense of permitting the unlawful operation of a vehicle if the person knowingly permits or requires the operation of the vehicle in violation of any of the following:

      (a) The rules of the road.

      (b) The laws governing equipment of motor vehicles.

      (c) The laws governing weight of motor vehicles.

      (d) The laws governing operator driving privileges.

      (e) The laws governing registration or titling of vehicles.

      (2) The offense described in this section, permitting unlawful operation of a vehicle, is a Class B traffic violation. [1983 c.338 §607]

 

(Traffic Control Devices)

 

      811.260 Appropriate driver responses to traffic control devices. Except as provided in ORS 811.265 (2), a driver is in violation of ORS 811.265 if the driver makes a response to traffic control devices that is not permitted under the following:

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

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

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

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

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

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

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

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

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

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

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

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

      (13) Flashing yellow arrow signal. A driver facing a flashing yellow arrow signal, alone or in combination with other signal indications, may cautiously enter the intersection only to make the movement indicated by the flashing yellow arrow signal or the movement permitted by other signals shown at the same time. A driver shall yield the right of way to other vehicles within the intersection at the time the flashing yellow arrow signal is shown. In addition, a driver turning left shall yield the right of way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when the turning vehicle is moving across or within the intersection.

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

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

      (16) Yield signs. A driver approaching a yield sign shall slow the driver’s vehicle to a speed reasonable for the existing conditions and if necessary for safety, shall stop at a line as required for stop signs under this section, and shall yield the right of way to any vehicles in the intersection or approaching so closely as to constitute an immediate hazard. [1983 c.338 §609; 1989 c.539 §1; 1997 c.507 §6; 2003 c.278 §6; 2011 c.168 §1]

 

      811.265 Driver failure to obey traffic control device; penalty. (1) A person commits the offense of driver failure to obey a traffic control device if the person drives a vehicle and the person does any of the following:

      (a) Fails to obey the directions of any traffic control device.

      (b) Fails to obey any specific traffic control device described in ORS 811.260 in the manner required by that section.

      (2) A person is not subject to this section if the person is doing any of the following:

      (a) Following the directions of a police officer.

      (b) Driving an emergency vehicle or ambulance in accordance with the privileges granted those vehicles under ORS 820.300.

      (c) Properly executing a turn on a red light as authorized under ORS 811.360.

      (d) Driving in a funeral procession led by a funeral lead vehicle or under the direction of the driver of a funeral escort vehicle.

      (3) The offense described in this section, driver failure to obey a traffic control device, is a Class B traffic violation. [1983 c.338 §608; 1991 c.482 §13]

 

      811.270 Failure to obey one-way designation; penalty. (1) A person commits the offense of failure to obey a one-way designation if the person is operating a vehicle and the person proceeds upon a roadway designated for one-way traffic in a direction other than that indicated by a traffic control device.

      (2) The offense described in this section, failure to obey a one-way designation, is a Class B traffic violation. [1983 c.338 §610]

(Right of Way)

 

      811.275 Failure to yield right of way at uncontrolled intersection; penalty. (1) A person commits the offense of failure to yield the right of way at an uncontrolled intersection if the person is operating a motor vehicle that is approaching an uncontrolled highway intersection and the person does not look out for and give right of way to any driver on the right simultaneously approaching a given point, regardless of which driver first reaches and enters the intersection.

      (2) This section is subject to the described provisions of the following sections:

      (a) The provisions of ORS 811.260, relating to stop signs and yield signs.

      (b) The provisions of ORS 811.285, relating to the requirements to yield the right of way upon entering a freeway or other arterial highway.

      (c) The provisions of ORS 811.277, relating to the right of way at an uncontrolled T intersection.

      (3) A person entering an intersection at an unlawful speed shall forfeit any right of way the person would otherwise have under subsection (1) of this section.

      (4) The offense described in this section, failure to yield right of way at an uncontrolled intersection, is a Class B traffic violation. [1983 c.338 §611; 1985 c.16 §311; 1987 c.138 §4; 2003 c.183 §3]

 

      811.277 Failure to yield right of way at uncontrolled T intersection; penalty. (1) A person commits the offense of failure to yield the right of way at an uncontrolled T intersection if the person is operating a motor vehicle on a highway that ends at an uncontrolled T intersection and the person does not yield the right of way to any driver who is on the highway at the top of the T intersection.

      (2) As used in this section and ORS 811.275:

      (a) “T intersection” means an intersection at which one highway is perpendicular to another and at which one of the highways ends.

      (b) “Top of the T intersection” means the highway that does not end at the junction of two highways.

      (3) The offense described in this section, failure to yield the right of way at an uncontrolled T intersection, is a Class B traffic violation. [2003 c.183 §2]

 

      811.280 Failure of driver entering roadway to yield right of way; penalty. (1) A person commits the offense of failure of a driver entering a roadway to yield the right of way if the person:

      (a) Is operating a vehicle that is about to enter or cross a roadway from any private road, driveway, alley or place other than another roadway; and

      (b) Does not yield the right of way to any vehicle approaching on the roadway to be entered or crossed so closely as to constitute an immediate hazard.

      (2) This section does not apply where the movement of traffic is otherwise directed by a traffic control device or a driver of a funeral escort vehicle.

      (3) The offense described in this section, failure of driver entering roadway to yield right of way, is a Class B traffic violation. [1983 c.338 §612; 1991 c.482 §14; 1995 c.383 §54]

 

      811.285 Failure of merging driver to yield right of way; penalty. (1) A person commits the offense of failure of a merging driver to yield the right of way if the person is operating a vehicle that is entering a freeway or other arterial highway where an acceleration or merging lane is provided for the operator’s use and the operator does not look out for and give right of way to vehicles on the freeway or other arterial highway.

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

 

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

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

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

 

      811.292 Failure to yield right of way within roundabout; exception; penalty. (1) A person commits the offense of failure to yield right of way within a roundabout if the person operates a motor vehicle upon a multilane circulatory roadway and:

      (a) Overtakes or passes a commercial motor vehicle;

      (b) Drives alongside a commercial motor vehicle; or

      (c) Does not yield the right of way to a second vehicle lawfully exiting the roundabout from a position ahead and to the left of the person’s vehicle.

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

      (3) The offense described in this section, failure to yield right of way within a roundabout, is a Class C traffic violation. [2001 c.464 §5; 2011 c.85 §1]

 

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

 

(Driving on the Right)

 

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

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

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

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

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

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

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

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

 

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

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

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

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

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

 

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

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

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

      (c) At any intersection or railroad grade crossing.

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

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

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

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

 

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

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

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

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

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

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

 

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

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

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

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

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

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

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

 

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

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

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

 

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

      (a) Any camper.

      (b) Any vehicle with a trailer.

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

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

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

      (b) When preparing to turn left.

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

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

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

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

 

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

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

(Turning)

 

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

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

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

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

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

 

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

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

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

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

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

 

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

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

 

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

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

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

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

 

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

      (a) Is operating a vehicle;

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

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

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

 

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

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

      (b) In making the right turn.

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

 

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

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

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

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

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

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

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

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

      (3) A driver who is making a turn described in this section is also subject to the requirements under ORS 811.028 to stop for a pedestrian while making the turn.

      (4) The offense described in this section, improper turn at a stop light, is a Class B traffic violation. [1983 c.338 §628; 1997 c.507 §7; 2003 c.278 §7; 2005 c.746 §3; 2011 c.168 §2]

 

      811.365 Illegal U-turn; penalty. (1) A person commits the offense of making an illegal U-turn if the person is operating a vehicle and the person turns the vehicle so as to proceed in the opposite direction in any of the following places:

      (a) Within an intersection where traffic is controlled by an electrical signal. This paragraph does not apply where posted otherwise.

      (b) Upon a highway within the limits of an incorporated city between intersections.

      (c) At any place upon a highway where the vehicle cannot be seen by another driver approaching from either direction within a distance of:

      (A) 500 feet within the incorporated limits of a city; or

      (B) 1,000 feet outside a city.

      (2) The offense described in this section, illegal U-turn, is a Class C traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class B traffic violation. [1983 c.338 §629; 1995 c.383 §63]

(Lane Use)

 

      811.370 Failure to drive within lane; exception; penalty. (1) Except as provided in subsection (2) of this section, a person commits the offense of failure to drive within a lane if the person is operating a vehicle upon a roadway that is divided into two or more clearly marked lanes for traffic and the driver does not:

      (a) Operate the vehicle as nearly as practicable entirely within a single lane; and

      (b) Refrain from moving from that lane until the driver has first made certain that the movement can be made with safety.

      (2) A person who operates a commercial motor vehicle within a multilane roundabout that is divided into two or more clearly marked lanes for traffic may operate the commercial motor vehicle in more than one lane when it is not practicable to remain entirely within one lane.

      (3) The offense described in this section, failure to drive within a lane, is a Class B traffic violation. [1983 c.338 §630; 2011 c.85 §2]

 

      811.375 Unlawful or unsignaled change of lane; penalty. (1) A person commits the offense of unlawful or unsignaled change of lanes if the person is operating a vehicle upon a highway and the person changes lanes by moving to the right or left upon the highway when:

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

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

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

      (3) The offense described in this section, unlawful or unsignaled change of lane, is a Class D traffic violation. [1983 c.338 §631; 1995 c.383 §64]

 

      811.380 Improper use of center lane on three-lane road; penalty. (1) A person commits the offense of improper use of the center lane on a three-lane road if the person is operating a vehicle upon a roadway divided into three clearly marked lanes for traffic with two-way movement of traffic permitted on the roadway and the person operates the vehicle in the center lane under any circumstances other than as permitted under the following:

      (a) The driver may drive in the center lane when the center lane is allocated exclusively to traffic moving in the same direction that the driver is proceeding by a traffic control device directing the lane allocation.

      (b) The driver may drive in the center lane when the driver is overtaking and passing a vehicle proceeding in the same direction and the center lane is clear of traffic within a safe distance.

      (c) The driver may drive in the center lane when making a left turn.

      (2) The offense described in this section, improper use of center lane on three-lane road, is a Class B traffic violation. [1983 c.338 §632]

 

      811.385 Depriving motorcycle or moped of full lane; penalty. (1) A person commits the offense of depriving a motorcycle or moped of a full lane if the person operates a motor vehicle upon a roadway laned for traffic in a manner that prevents a moped operator or motorcyclist from full use of a lane.

      (2) This section does not apply to operators of motorcycles or mopeds whose use of lanes is controlled by ORS 814.240 and 814.250.

      (3) The offense described in this section, depriving a motorcycle or moped of a full lane, is a Class B traffic violation. [1983 c.338 §685]

(Signaling)

 

      811.390 Unlawful use of lights to signal for passing; penalty. (1) A person commits the offense of unlawful use of lights to signal for passing if the person is operating a vehicle and the person flashes any lights as a courtesy or “do pass” signal to other drivers approaching from the rear.

      (2) The offense described in this section, unlawful use of lights to signal for passing, is a Class D traffic violation. [1983 c.338 §633; 1995 c.383 §65]

 

      811.395 Appropriate signals for stopping, turning, changing lanes and decelerating. This section establishes appropriate signals, for purposes of the vehicle code, for use when signals are required while stopping, turning, changing lanes or suddenly decelerating a vehicle. This section does not authorize the use of only hand and arm signals when the use of signal lights is required under ORS 811.405. Vehicle lighting equipment described in this section is vehicle lighting equipment for which standards are established under ORS 816.100 and 816.120. Appropriate signals are as follows:

      (1) To indicate a left turn either of the following:

      (a) Hand and arm extended horizontally from the left side of the vehicle.

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

      (2) To indicate a right turn either of the following:

      (a) Hand and arm extended upward from the left side of the vehicle. A person who is operating a bicycle is not in violation of this paragraph if the person signals a right turn by extending the person’s right hand and arm horizontally.

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

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

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

      (b) Activation of brake lights on the vehicle.

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

 

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

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

      (b) Exiting from any position within a roundabout.

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

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

 

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

      (a) During limited visibility conditions.

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

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

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

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

(Passing)

 

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

 

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

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

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

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

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

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

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

 

(Prohibited Places)

 

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

      (2) For purposes of this section, a “dividing space” includes pavement markings of solid double yellow lines with yellow cross-hatching between the double yellow lines.

      (3) This section does not apply when the movement of a vehicle that is otherwise prohibited by this section is made:

      (a) At an authorized crossover or intersection; or

      (b) At the specific direction of a road authority.

      (4) The offense described in this section, driving on a highway divider, is a Class B traffic violation. [1983 c.338 §642; 2011 c.330 §25]

 

      811.435 Operation of motor vehicle on bicycle trail; exemptions; penalty. (1) A person commits the offense of operation of a motor vehicle on a bicycle trail if the person operates a motor vehicle upon a bicycle lane or a bicycle path.

      (2) Exemptions to this section are provided under ORS 811.440.

      (3) This section is not applicable to mopeds. ORS 811.440 and 814.210 control the operation and use of mopeds on bicycle lanes and paths.

      (4) The offense described in this section, operation of a motor vehicle on a bicycle trail, is a Class B traffic violation. [1983 c.338 §643]

 

      811.440 When motor vehicles may operate on bicycle lane. This section provides exemptions from the prohibitions under ORS 811.435 and 814.210 against operating motor vehicles on bicycle lanes and paths. The following vehicles are not subject to ORS 811.435 and 814.210 under the circumstances described:

      (1) A person may operate a moped on a bicycle lane that is immediately adjacent to the roadway only while the moped is being exclusively powered by human power.

      (2) A person may operate a motor vehicle upon a bicycle lane when:

      (a) Making a turn;

      (b) Entering or leaving an alley, private road or driveway; or

      (c) Required in the course of official duty.

      (3) An implement of husbandry may momentarily cross into a bicycle lane to permit other vehicles to overtake and pass the implement of husbandry.

      (4) A person may operate a motorized wheelchair on a bicycle lane or path.

      (5) A person may operate a motor assisted scooter on a bicycle lane or path.

      (6) A person may operate an electric personal assistive mobility device on a bicycle lane or path. [1983 c.338 §645; 1991 c.417 §1; 2001 c.749 §24; 2003 c.341 §8]

 

      811.445 Use of throughway when prohibited; penalty. (1) A person commits the offense of use of a throughway when prohibited if any use restrictions or prohibitions are posted by appropriate signs giving notice thereof and the person violates any restriction or prohibition so posted.

      (2) The authority to impose restrictions and prohibitions for purposes of this section is granted under ORS 810.020.

      (3) The offense described in this section, use of throughway when prohibited, is a Class D traffic violation. [1983 c.338 §646; 1995 c.383 §69]

 

      811.450 Violation of posted truck routes; defense; penalty. (1) A person commits the offense of violation of posted truck routes if appropriate signs designating truck routes are posted and the person does not operate a vehicle in compliance with the posted requirements.

      (2) Authority to establish and change truck routes for purposes of this section is established in ORS 810.040.

      (3) It is a defense to a charge of violation of this section if the person so charged can establish that the person could not reach the person’s destination without traveling upon the street, road or highway prohibited under the posted requirements.

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

(Rail Crossings)

 

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

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

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

      (B) Upon the lowering of a crossing gate.

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

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

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

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

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

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

 

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

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

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

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

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

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

      (a) A school bus.

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

      (c) A worker transport bus.

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

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

      (f) A commercial bus.

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

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

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

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

 

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

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

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

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

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

 

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

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

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

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

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

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

      (4) The vehicles are not required to comply with the procedures when crossing industry track crossings within business districts.

      (5) Vehicles are not required to comply with the procedures when crossing any crossing where an officer directs traffic to proceed or where an operating traffic control signal indicates that other traffic may proceed.

      (6) Vehicles are not required to comply with the procedures when crossing any crossing protected by crossing gates. The exemption under this subsection does not apply to:

      (a) School buses or school activity vehicles that are required to stop at crossings with crossing gates under ORS 811.460;

      (b) Tank vehicles, whether loaded or empty, used to transport hazardous materials;

      (c) Vehicles transporting any hazardous material requiring the vehicle to be placarded; or

      (d) High-risk vehicles described in ORS 811.460 that are not otherwise described in this subsection, when operating in interstate commerce.

      (7) Except when a train or rail fixed guideway system vehicle is approaching, the driver of a commercial bus is not required to stop at crossings where the Department of Transportation has determined and plainly marked that no stop need be made. [1983 c.338 §650; 1985 c.420 §10; 2001 c.522 §6; 2003 c.589 §6; 2009 c.551 §2]

 

      811.470 Improper movement of heavy equipment across rail crossing; application; penalty. (1) A person commits the offense of improper movement of heavy equipment across a rail crossing if the person operates or moves any equipment described in this section upon or across any tracks at a railroad or rail fixed guideway system grade crossing without complying with any of the following:

      (a) Before moving across the tracks, the person must give notice of an intended crossing to a responsible officer of the railroad or rail fixed guideway system in time for protection to be given.

      (b) Where the railroad or rail fixed guideway system has provided a flagger, the person operating or moving such equipment shall obey the direction of the flagger.

      (c) The person operating or moving such equipment must do all of the following:

      (A) The person must stop before making the crossing at a clearly marked line or, if there is no clearly marked line, not less than 15 feet nor more than 50 feet from the nearest rail.

      (B) While so stopped, the person must look and listen in both directions along the tracks for approaching trains.

      (C) The person shall not proceed across the tracks unless the crossing can be made safely.

      (2) This section applies to the operation of movement across railroad or rail fixed guideway system tracks of any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of 10 miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway.

      (3) The offense described in this section, improper movement of heavy equipment across a rail crossing, is a Class B traffic violation. [1983 c.338 §651; 1985 c.16 §319; 1995 c.383 §73; 1997 c.249 §233; 2001 c.522 §7]

 

      811.475 Obstructing rail crossing; penalty. (1) A person commits the offense of obstructing a rail crossing if the person is operating a vehicle and the person does either of the following:

      (a) Drives onto any railroad or rail fixed guideway system grade crossing when there is not sufficient space on the other side of the railroad or rail fixed guideway system grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians, railroad trains or rail fixed guideway system vehicles; or

      (b) While driving a commercial motor vehicle, fails to negotiate the rail crossing because of insufficient undercarriage clearance.

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

      (3) The offense described in this section, obstructing rail crossings, is a Class B traffic violation. [1983 c.338 §652; 1995 c.383 §74; 2001 c.492 §5; 2001 c.522 §8]

(Miscellaneous)

 

      811.480 Illegal backing; penalty. (1) A person commits the offense of illegal backing if the person backs a vehicle the person is driving when it is not safe to do so or when it causes interference with other traffic upon a highway.

      (2) The offense described in this section, illegal backing, is a Class D traffic violation. [1983 c.338 §653; 1995 c.383 §75]

 

      811.483 Safety corridors; penalty. (1) The Department of Transportation shall post signs in safety corridors chosen by the department indicating that fines for traffic offenses committed in those safety corridors will be doubled.

      (2)(a) The presumptive fine for a person charged with an offense that is listed in subsection (3)(a) or (b) of this section and that is committed in a safety corridor chosen by the department under subsection (1) of this section shall be the amount established under ORS 153.020.

      (b) The minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a safety corridor is 20 percent of the maximum fine established for the offense.

      (c) The minimum fine for a person convicted of a felony offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a safety corridor is two percent of the maximum fine established for the offense.

      (3) This section applies to the following offenses if committed in the designated safety corridors:

      (a) Class A or Class B traffic violations.

      (b) Class C or Class D traffic violations related to exceeding a legal speed.

      (c) Reckless driving, as defined in ORS 811.140.

      (d) Driving while under the influence of intoxicants, as defined in ORS 813.010.

      (e) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.

      (f) Criminal driving while suspended or revoked, as defined in ORS 811.182.

      (g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540. [1999 c.1071 §5; 1999 c.1071 §5a; 2001 c.421 §1; 2003 c.100 §3; 2007 c.124 §1; 2011 c.597 §116]

 

      811.485 Following too closely; penalty. (1) A person commits the offense of following too closely if the person does any of the following:

      (a) Drives a motor vehicle so as to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and condition of, the highway.

      (b) Drives a truck, commercial bus or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city and follows another truck, commercial bus or motor vehicle drawing another vehicle without, when conditions permit, leaving sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This paragraph does not prevent a truck, commercial bus or motor vehicle drawing another vehicle from overtaking and passing a vehicle or combination of vehicles.

      (c) Drives a motor vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city in a caravan or motorcade whether or not towing another vehicle without operating the vehicle so as to leave sufficient space between vehicles to enable a vehicle to enter and occupy the space without danger.

      (2) This section does not apply in the case of a funeral procession. Except for the funeral lead vehicle, vehicles participating in a funeral procession shall follow the preceding vehicle as closely as is reasonable and safe.

      (3) The offense described in this section, following too closely, is a Class B traffic violation. [1983 c.338 §654; 1991 c.482 §20; 2007 c.794 §5]

 

      811.490 Improper opening or leaving open of vehicle door; penalty. (1) A person commits the offense of improper opening or leaving open a vehicle door if the person does any of the following:

      (a) Opens any door of a vehicle unless and until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders.

      (b) Leaves a door open on the side of a vehicle available to traffic, or to pedestrians or bicycles on sidewalks or shoulders for a period of time longer than necessary to load or unload passengers.

      (2) The offense described in this section, improper opening or leaving open a vehicle door, is a Class D traffic violation. [1983 c.338 §655; 1985 c.16 §320]

 

      811.492 Engine braking; penalty; exception. (1) A person commits the offense of engine braking if the person is operating a motor vehicle on a highway and uses an unmuffled engine brake.

      (2) The offense described in this section, engine braking, is a Class A traffic violation.

      (3) A person is not in violation of this section if the person uses an unmuffled engine brake in an emergency situation to avoid imminent danger to a person or to property. [1993 c.314 §7]

 

      811.495 Unlawful coasting on downgrade; exception; penalty. (1) A person commits the offense of unlawful coasting on a downgrade if the person is the driver of a vehicle on a downgrade and the person coasts with the gears or transmission of the motor vehicle in neutral or with the clutch disengaged.

      (2) This section does not apply to the driver of a motorized bicycle.

      (3) The offense described in this section, unlawful coasting on a downgrade, is a Class D traffic violation. [1983 c.338 §656; 1985 c.16 §321; 1995 c.383 §76]

 

      811.500 Unlawful stop or deceleration; penalty. (1) A person commits the offense of unlawful stop or deceleration if the person is operating a vehicle and the person stops or suddenly decreases the speed of the vehicle without first giving an appropriate signal to the driver immediately to the rear when there is opportunity to give the signal.

      (2) Appropriate signals for the purpose of this section are as designated under ORS 811.395 and 811.400.

      (3) The offense described in this section, unlawful stop or deceleration, is a Class B traffic violation. [1983 c.338 §657; 1995 c.383 §77]

 

      811.505 Failure to stop when emerging from alley, driveway or building; penalty. (1) A person commits the offense of failure to stop when emerging from an alley, driveway or building if the person is operating a vehicle that is emerging from an alley, building, private road or driveway in a business or residence district and the person does not stop the vehicle as follows:

      (a) If there is a sidewalk or sidewalk area, the person must stop the vehicle before driving onto the sidewalk or sidewalk area.

      (b) If there is no sidewalk or sidewalk area, the person must stop at the point nearest the roadway to be entered where the driver has a view of approaching traffic.

      (2) The offense described in this section, failure to stop when emerging from an alley, driveway or building, is a Class B traffic violation. [1983 c.338 §658; 1985 c.16 §322; 1995 c.383 §78]

 

      811.507 Operating motor vehicle while using mobile communication device; exceptions; penalty. (1) As used in this section:

      (a) “Hands-free accessory” means an attachment or built-in feature for or an addition to a mobile communication device, whether or not permanently installed in a motor vehicle, that when used allows a person to maintain both hands on the steering wheel.

      (b) “Mobile communication device” means a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication.

      (2) A person commits the offense of operating a motor vehicle while using a mobile communication device if the person, while operating a motor vehicle on a highway, uses a mobile communication device.

      (3) This section does not apply to a person who activates or deactivates a mobile communication device or a function of the device or who uses the device for voice communication if the person:

      (a) Is summoning medical or other emergency help if no other person in the vehicle is capable of summoning help;

      (b) Is using a mobile communication device for the purpose of farming or agricultural operations;

      (c) Is operating an ambulance or emergency vehicle;

      (d) Is 18 years of age or older and is using a hands-free accessory;

      (e) Is operating a motor vehicle while providing public safety services or emergency services;

      (f) Is operating a motor vehicle while acting in the scope of the person’s employment as a public safety officer, as defined in ORS 348.270;

      (g) Is operating a tow vehicle or roadside assistance vehicle while acting in the scope of the person’s employment;

      (h) Holds a valid amateur radio operator license issued or any other license issued by the Federal Communications Commission and is operating an amateur radio;

      (i) Is operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the citizens’ or family radio service bands in accordance with rules of the Federal Communications Commission;

      (j) Is operating a vehicle owned or contracted by a utility for the purpose of installing, repairing, maintaining, operating or upgrading utility service, including but not limited to natural gas, electricity, water or telecommunications, while acting in the scope of the person’s employment; or

      (k) Is using a function of the mobile communication device that allows for only one-way voice communication while the person is:

      (A) Operating a motor vehicle in the scope of the person’s employment;

      (B) Providing transit services; or

      (C) Participating in public safety or emergency service activities.

      (4) The offense described in this section, operating a motor vehicle while using a mobile communication device, is a Class C traffic violation.

      (5) The Department of Transportation shall place signs on state highways to notify drivers that violation of this section is subject to a maximum fine of $500. [2007 c.870 §2; 2009 c.834 §1; 2011 c.530 §1; 2013 c.757 §1]

 

      Note: 811.507 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      811.510 Dangerous operation around livestock; penalty. (1) A person commits the offense of dangerous operation around livestock if the person is operating a vehicle upon a highway and the person fails to do any of the following:

      (a) A driver shall use caution when approaching or passing a person riding, leading or herding livestock on the highway.

      (b) If a person riding or leading livestock upon a highway gives a distress signal to an approaching driver by raising a hand, the driver must promptly stop the driver’s vehicle, unless movement forward is necessary to avoid an accident, and, if requested, shall turn off the engine until the livestock is under control.

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

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

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

 

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

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

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

 

      811.513 Unlawfully operating medium-speed electric vehicle on highway; penalty. (1) A person commits the offense of unlawfully operating a medium-speed electric vehicle on a highway if the person operates a medium-speed electric vehicle on a highway with a posted speed limit that is greater than 45 miles per hour.

      (2) Notwithstanding subsection (1) of this section, a city or county may adopt an ordinance allowing operation of medium-speed electric vehicles on city streets or county roads that have speed limits or posted speeds of more than 45 miles per hour.

      (3) The offense described in this section, unlawfully operating a medium-speed electric vehicle on a highway, is a Class B traffic violation. [2009 c.865 §13]

 

      Note: 811.513 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

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

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

 

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

 

USE OF LIGHTS AND WARNINGS

 

(Lights)

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

 

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

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

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

      (a) Road machinery.

      (b) Road rollers.

      (c) Farm tractors.

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

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

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

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

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

      (a) Public vehicle warning lights.

      (b) Pilot vehicle warning lights.

      (c) Tow vehicle warning lights.

      (d) Police lights.

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

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

      (g) Commercial vehicle warning lights.

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

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

 

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

 

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

 

(Flares)

 

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

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

      (a) School buses.

      (b) School activity vehicles.

      (c) Worker transport buses.

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

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

      (f) Commercial buses.

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

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

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

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

 

OBEYING POLICE

 

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

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

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

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

 

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

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

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

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

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

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

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

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

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

 

PARKING, STOPPING AND STANDING

 

(Generally)

 

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

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

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

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

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

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

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

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

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

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

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

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

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

      (13) In the area between roadways of a divided highway, including crossovers. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (14) At any place where traffic control devices prohibit stopping. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (15) In front of a public or private driveway. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

      (16) Within 10 feet of a fire hydrant. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

      (17) Within 20 feet of a crosswalk at an intersection. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

      (18) Within 50 feet upon the approach to an official flashing signal, stop sign, yield sign or traffic control device located at the side of the roadway if the standing or parking of a vehicle will obstruct the view of any traffic control device located at the side of the roadway. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

      (19) Within 15 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station, within 75 feet of the entrance. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

      (20) At any place where traffic control devices prohibit standing. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

      (21) Within 50 feet of the nearest rail of a railroad or rail fixed guideway system crossing. Exemptions under ORS 811.560 (3) to (7) are applicable to this subsection.

      (22) At any place where traffic control devices prohibit parking. Exemptions under ORS 811.560 (3) to (7) are applicable to this subsection.

      (23) On a bicycle lane. Exemptions under ORS 811.560 are applicable to this subsection.

      (24) On a bicycle path. Exemptions under ORS 811.560 are applicable to this subsection. [1983 c.338 §669; 1985 c.21 §1; 1985 c.334 §1; 1989 c.433 §2; 1997 c.249 §234; 2001 c.522 §9]

 

      811.555 Illegal stopping, standing or parking; affirmative defense; penalty. (1) A person commits the offense of illegal stopping, standing or parking if:

      (a) The person stops, parks or leaves standing a vehicle in a place where such stopping, parking or standing is prohibited under ORS 811.550; or

      (b) The person is the owner of an unattended vehicle parked in a place where such parking is prohibited under ORS 811.550.

      (2) Exemptions from this section are established under ORS 811.560.

      (3) A police officer, under authority granted by ORS 810.430, may move or require to be moved a vehicle that is stopped, parked or left standing in violation of this section.

      (4) It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

      (5) The offense described by this section, illegal stopping, standing or parking, is a Class D traffic violation. [1983 c.338 §668; 1987 c.687 §4]

 

      811.560 Exemptions from prohibitions on stopping, standing or parking. This section provides exemptions from ORS 811.550 and 811.555. The following exemptions are applicable as provided under ORS 811.550:

      (1) When applicable, this subsection exempts school buses or worker transport buses stopped on a roadway to load or unload workers or children, providing that the flashing school bus safety lights on the bus are operating.

      (2) When applicable, this subsection exempts vehicles stopped, standing or parked momentarily to pick up or discharge a passenger.

      (3) When applicable, this subsection exempts vehicles stopped, standing or parked momentarily for the purpose of and while actually engaged in loading or unloading property or passengers.

      (4) When applicable, this subsection exempts vehicles owned or operated by the state, a county or city when stopping, standing or parking is necessary to perform maintenance or repair work on the roadway.

      (5) When applicable, this subsection exempts vehicles from the prohibitions and penalties when the driver’s disregard of the prohibitions is necessary to avoid conflict with other traffic.

      (6) When applicable, this subsection exempts vehicles acting in compliance with law or at the direction of a police officer or a traffic control device.

      (7) When applicable, this subsection exempts the driver of a vehicle that is disabled in such manner and to such extent that the driver cannot avoid stopping or temporarily leaving the disabled vehicle in a prohibited position.

      (8) When applicable, this subsection exempts vehicles owned or operated by the State Department of Fish and Wildlife when stopping, standing or parking is necessary to enable employees to release fish.

      (9) When applicable, this subsection exempts vehicles momentarily stopped to allow oncoming traffic to pass before making a right-hand or left-hand turn or momentarily stopped in preparation for or while negotiating an exit from the road.

      (10) When applicable, this subsection exempts commercial vehicles that are stopped, standing or parked when stopping, standing or parking is necessary to engage in any activity associated with the collection of solid waste, recyclable material or yard debris, as those terms are defined in ORS 459.005. [1983 c.338 §670; 1985 c.334 §2; 1989 c.433 §3; 2013 c.250 §1]

 

      811.565 Dangerous movement of stopped, standing or parked vehicle; penalty. (1) A person commits the offense of dangerous movement of a stopped, standing or parked vehicle if the person moves a vehicle so stopped, standing or parked when the movement cannot be made with reasonable safety.

      (2) The offense described in this section, dangerous movement of a stopped, standing or parked vehicle, is a Class B traffic violation. [1983 c.338 §675; 1995 c.383 §80]

 

      811.570 Improperly positioning parallel parked vehicle; exception; affirmative defense; penalty. (1) A person commits the offense of improperly positioning a parallel parked vehicle if:

      (a) The person stops or parks a vehicle on a highway where parallel parking is permitted and the vehicle is not parked in accordance with the following:

      (A) Upon a two-way highway, the vehicle shall be positioned so that the right-hand wheels are parallel to and within 12 inches of the right curb or, if none, as close as possible to the right edge of the right shoulder.

      (B) On a one-way highway where parallel parking is permitted on either side, a vehicle parked or stopped on the right side shall be positioned in accordance with the requirements of subparagraph (A) of this paragraph and a vehicle parked or stopped on the left side shall be positioned so that the left-hand wheels are parallel to and within 12 inches of the left curb or, if none, as close as possible to the left edge of the left shoulder.

      (C) Where marked parking spaces are provided, a vehicle shall be positioned so that it faces in the direction in which vehicles in the adjacent lane of the roadway are required to travel and so that the wheels are within the parking space markings which are parallel to the curb or, if none, to the edge of the shoulder; or

      (b) The person is the owner of an unattended vehicle parked on a highway in violation of paragraph (a) of this subsection.

      (2) The provisions of this section do not apply to the driver of a vehicle that is disabled in such manner and to such extent that the driver cannot avoid stopping or temporarily leaving the disabled vehicle in a position prohibited by this section.

      (3) A police officer, under authority granted by ORS 810.430, may move or require to be moved a vehicle that is parked in violation of this section.

      (4) It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

      (5) The offense described in this section, improperly positioning a parallel parked vehicle, is a Class D traffic violation. [1983 c.338 §671; 1987 c.687 §5]

 

      811.575 Violation of posted parking restrictions on state highways; affirmative defense; penalty. (1) A person commits the offense of violation of posted parking restrictions on state highways if appropriate signs or markings are posted giving notice of any regulations, restrictions or prohibitions on the parking, stopping or standing of vehicles on a state highway and:

      (a) The person parks, stops or stands a vehicle on a state highway in violation of any such regulations, restrictions or prohibitions; or

      (b) The person is the owner of an unattended vehicle parked on a state highway in violation of any such regulations, restrictions or prohibitions.

      (2) Authority to impose restrictions, regulations and prohibitions on parking, stopping or standing of vehicles on state highways is established under ORS 810.160.

      (3) It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

      (4) The offense described in this section, violation of posted parking restrictions on state highways, is a Class D traffic violation. [1983 c.338 §672; 1987 c.687 §6]

 

      811.580 Parking vehicle on state highway for vending purposes; penalty. (1) A driver commits the offense of unlawful parking for vending purposes if the person parks or leaves standing a vehicle on a right of way of a state highway for the purpose of advertising, selling or offering merchandise for sale except pursuant to written agreement with the Department of Transportation.

      (2) The offense described in this section, unlawful parking for vending purposes is a Class D traffic violation. [1983 c.338 §674]

 

      811.585 Failure to secure motor vehicle; affirmative defense; penalty. (1) A person commits the offense of failure to secure a motor vehicle if the person is driving or is in charge of a motor vehicle and:

      (a) The person permits the vehicle to stand unattended on a highway without first doing all of the following:

      (A) Stopping the engine.

      (B) Turning the front wheels to the curb or side of the highway when standing upon any grade.

      (C) Locking the ignition.

      (D) Removing the key from the ignition.

      (E) Effectively setting the brake on the vehicle; or

      (b) The person is the owner of an unattended motor vehicle parked on a highway in violation of paragraph (a) of this subsection.

      (2) It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

      (3) The offense described in this section, failure to secure a motor vehicle, is a Class D traffic violation. [1983 c.338 §676; 1985 c.16 §326; 1987 c.687 §7; 1995 c.383 §81]

 

(Winter Recreation Parking Areas)

 

      811.590 Unlawful parking in winter recreation parking area; exemptions; penalty. (1) A person commits the offense of unlawful parking in a winter recreation parking area if the person parks a vehicle in a location designated as a winter recreation parking area under ORS 810.170 at any time from November 1 of any year to April 30 of the next year and the vehicle is not displaying a winter recreation parking permit issued under ORS 811.595.

      (2) Unless the police officer issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle. If the parking of the vehicle is witnessed by the police officer, the operator of the vehicle is in violation of this section.

      (3) In addition to those vehicles displaying a winter recreation parking permit, the following vehicles are not subject to the prohibition or penalty under this section:

      (a) A vehicle owned and operated by the United States, another state or a political subdivision thereof.

      (b) A vehicle owned and operated by this state or by any city, district or political subdivision thereof.

      (c) A vehicle owned by a resident of another state if the vehicle displays a winter area parking permit issued in accordance with the laws of the state in which the owner of the vehicle resides and that is similar to the winter recreation parking permit issued under ORS 811.595. The exemption under this paragraph is only granted to the extent that a similar exemption or privilege is granted under the laws of the other state for vehicles displaying a winter recreation parking permit issued under ORS 811.595.

      (4) The offense described in this section, unlawful parking in a winter recreation parking area, is a specific fine traffic violation. The presumptive fine for unlawful parking in a winter recreation parking area is $30. [1983 c.338 §678; 1999 c.1010 §1; 2007 c.810 §6; 2011 c.597 §98]

 

      811.595 Winter recreation parking permit; rules; fees. A winter recreation parking permit is a vehicle permit that is issued as evidence of a grant of authority to park a vehicle in a winter recreation parking location established under ORS 810.170 without violation of ORS 811.590. The Department of Transportation shall establish a program for the issuance of winter recreation parking permits under this section. The program established by the department shall comply with all of the following:

      (1) The department shall adopt rules necessary for the issuance and administration of winter recreation parking permits. The rules shall be adopted under ORS chapter 183.

      (2) The department shall include all of the following in the rules adopted under this section:

      (a) The type of permit.

      (b) The manner in which the permit is to be issued.

      (c) The manner of displaying the permit on a vehicle.

      (d) Procedures for issuance of permits by persons appointed by the department.

      (3) Vehicle permits issued under this section shall be transferable from vehicle to vehicle.

      (4) The fees for issuance of winter recreation parking permits are as provided under ORS 811.600. [1983 c.338 §679; 1985 c.16 §327]

 

      811.600 Fees for winter recreation parking permits. The Oregon Transportation Commission shall set the fees for issuance of a winter recreation parking permit issued under ORS 811.595 by rule. The commission shall consider recommendations of the Winter Recreation Advisory Committee in setting the fees under this section. The fees established for issuance of winter recreation parking permits shall be designed to cover the costs of enforcing the requirement for winter recreation parking permits and of removing snow from winter recreation parking locations designated under ORS 810.170, but may not exceed the following:

      (1) For winter recreation parking permits valid for a period of one day, $5.

      (2) For winter recreation parking permits valid for a period of three consecutive days, $10.

      (3) For winter recreation parking permits valid for a period of one year beginning each November, $30. [1983 c.338 §684(1); 1985 c.16 §329(1); 1985 c.139 §5(1); 1993 c.245 §1; 1997 c.583 §7; 1999 c.1010 §2]

 

(Parking for Persons With Disabilities)

 

      811.602 Disabled person parking permit; content; rules. (1) A disabled person parking permit is a means of identifying vehicles being used to exercise the parking privileges described in ORS 811.635. The following are disabled person parking permits:

      (a) A special decal described in ORS 811.605 issued by the Department of Transportation to be affixed to a golf cart or substantially similar vehicle;

      (b) An individual placard described in ORS 811.605;

      (c) A program placard issued by the department under ORS 811.607;

      (d) A family placard issued by the department under ORS 811.609;

      (e) A foreign visitor placard issued by the department under ORS 811.611; and

      (f) A “Wheelchair User” placard or decal issued by the department under ORS 811.613.

      (2) The department shall issue a disabled person parking permit in the form of a decal or individual placard to any person who submits an application that complies with ORS 811.604. Nothing in this section prohibits the department from issuing a decal or individual placard to a person who has disabled veteran registration plates issued under ORS 805.100 and who qualifies for the decal or placard.

      (3) Except as otherwise provided in this subsection, the department may not issue more than one individual placard to an applicant. The department may issue a replacement placard upon receipt of proof satisfactory to the department that the original placard has been lost, mutilated or destroyed. The department may issue a temporary duplicate permit to a person who needs a duplicate permit for travel purposes. A temporary duplicate permit shall be valid for 30 days. The department shall adopt rules governing application for and issuance of temporary duplicate permits. Nothing in this subsection prohibits issuance of an individual placard to a person who has been issued a decal.

      (4) Permits issued under this section, other than temporary duplicate permits, may be renewed by mail.

      (5) Permits for use on vehicles that are regularly used as part of a program for the transportation of persons with disabilities are issued as provided in ORS 811.607.

      (6) Except as provided in subsection (7) of this section, the department shall determine the form, size and content of any decal or placard issued under this section and shall adopt rules governing their issuance, display and use as necessary to carry out this section.

      (7)(a) Except as provided in paragraph (b) of this subsection, the department may not require a decal or placard issued under this section to an individual or a family to contain any identifying information about the person to whom the decal or placard is issued, including any of the following:

      (A) Name;

      (B) Address;

      (C) Telephone number;

      (D) Social Security number;

      (E) Driver license number;

      (F) Golf cart driver permit number;

      (G) Identification card number;

      (H) Passport or visa number; or

      (I) Photograph.

      (b) The department may require a decal or placard issued under this section to an individual or a family to contain not more than four digits of the driver license or identification card number of the person to whom the decal or placard is issued. [1987 c.187 §7; 1989 c.243 §2; 1991 c.741 §1; 1993 c.751 §66; 1995 c.462 §1; 2001 c.827 §11; 2005 c.406 §1; 2007 c.70 §330; 2007 c.468 §5]

 

      811.603 Parking identification card without photograph; issuance; rules. (1) The Department of Transportation shall issue a parking identification card without a photograph to an applicant for a disabled person parking permit if the applicant does not have a driver license, a driver permit or an identification card issued by the department under ORS 807.400 and if the applicant submits a statement from a physician that it would be impractical or harmful to the applicant, because of medical or physical condition, to appear at an office of the department and be photographed for an identification card.

      (2) The department shall determine by rule the terms, conditions and requirements of a parking identification card issued under this section except that the department may not require either that an applicant appear personally in order to receive or renew a card or that the card contain a photograph. [1991 c.741 §2b; 2001 c.827 §12; 2008 c.1 §29]

 

      811.604 Application for disabled person parking permit. Application for issuance or renewal of a disabled person parking permit in the form of an individual placard or decal issued under ORS 811.602 shall include:

      (1) A certificate, signed and dated within six months preceding the date of application, by a licensed physician, a certified nurse practitioner or a licensed physician assistant to the Department of Transportation that the applicant is a person with a disability or a certificate, signed and dated within six months preceding the date of application, by a licensed optometrist that the applicant is a person with a disability because of loss of vision or substantial loss of visual acuity or visual field beyond correction;

      (2) The state-issued licensing number of the licensed physician, certified nurse practitioner, licensed physician assistant or licensed optometrist who signed the certificate described in subsection (1) of this section; and

      (3) The number of a current, valid driver license, golf cart driver permit, identification card or parking identification card issued to the applicant by the department. [1987 c.187 §8; 1989 c.243 §6; 1991 c.741 §2; 1995 c.462 §2; 1999 c.582 §16; 2001 c.827 §13; 2007 c.70 §331; 2008 c.1 §30; 2009 c.238 §1]

 

      811.605 Contents of individual placard or decal. (1) An applicant for an individual placard or decal issued by the Department of Transportation under ORS 811.602 must have a driver license, a disability golf cart driver permit, an identification card or a parking identification card issued by the department. The placard or decal shall be valid so long as the license, permit, identification card or parking identification card is valid and may be renewed when the license, permit or card is renewed.

      (2) An individual placard or decal shall contain an expiration date that is visible from outside the vehicle when the placard or decal is displayed on or in the vehicle. The expiration date shall be the same as the expiration date of the driver license, golf cart driver permit, identification card or parking identification card of the holder of the placard. [1989 c.243 §4; 2005 c.406 §2; 2008 c.1 §31]

 

      811.606 Parking permit for person with temporary disability. The Department of Transportation may issue a placard showing an expiration date not to exceed six months after the date of issuance for use by persons with temporary disabilities upon submission by the applicant of a certificate described in ORS 811.604 except that it certifies that the applicant has a temporary disability for less than four years. An applicant for a temporary disabled person parking permit need not have a driver license, a driver permit, an identification card or a parking identification card. [1987 c.187 §9; 1987 c.296 §4; 1989 c.243 §7; 1991 c.741 §3; 1993 c.741 §85; 2001 c.827 §14; 2005 c.406 §3; 2007 c.70 §332; 2008 c.1 §32]

 

      811.607 Program placards; rules. The Department of Transportation shall issue disabled person parking permits in the form of program placards for use on vehicles that are regularly used as part of a program for the transportation of persons with disabilities or by an adult foster home. All the following apply to placards issued under this section:

      (1) The department shall determine the form, size and content of the placards except that the department shall require that a placard contain the name of the program holding the placard and the department shall require that the expiration date of a placard be visible when the placard is displayed in the vehicle.

      (2) Placards issued under this section shall be valid for a period of eight years from the date of issue. Upon expiration, placards may be renewed in a manner determined by the department by rule. The department shall authorize renewal by mail of placards issued under this section.

      (3) The department shall determine by rule how programs for the transportation of persons with disabilities may qualify vehicles for placards issued under this section. [1989 c.243 §5; 1991 c.741 §4; 1999 c.91 §4; 2001 c.827 §15; 2007 c.21 §5; 2007 c.70 §333]

 

      811.608 [1987 c.187 §10; repealed by 1989 c.243 §18]

 

      811.609 Family placards. The Department of Transportation shall issue disabled person parking permits in the form of family placards for use on vehicles that are regularly used by a family that includes more than one person with a disability. All the following apply to placards issued under this section:

      (1) The department shall determine the form, size and content of the placards except that the department shall require that the expiration date of a placard be visible when the placard is displayed in the vehicle.

      (2) Placards issued under this section shall be valid for a period of eight years from the date of issue. Upon expiration, placards may be renewed in a manner determined by the department by rule.

      (3) The department shall not issue or renew a placard under this section unless a licensed physician certifies that the family includes at least two persons with disabilities. [1991 c.741 §4b; 1999 c.91 §5; 2001 c.827 §16; 2005 c.406 §4; 2007 c.70 §334]

 

      811.610 [1985 c.246 §2; repealed by 1991 c.741 §7]

 

      811.611 Foreign visitor placard. (1) The Department of Transportation may issue a disabled person parking permit in the form of a placard to a person who is visiting from a foreign country if the person presents to the department either a valid driver license or other grant of driving privileges from the foreign country or a passport or visa showing that the person is a visitor to the United States and presents one of the following:

      (a) A valid disabled person parking permit issued by the country that issued the visitor’s passport or visa;

      (b) A certificate from an official of the agency that issues disabled person parking permits in the country that issued the visitor’s passport or visa certifying that the person holds a valid disabled person parking permit; or

      (c) A certificate from a licensed physician, a certified nurse practitioner or a licensed physician assistant addressed to the Department of Transportation certifying that the applicant is a person with a disability, or a certificate from a licensed optometrist certifying that the applicant is a person with a disability because of loss of vision or substantial loss of visual acuity or visual field beyond correction.

      (2) A disabled person parking permit issued under this section is valid for 30 days. [1997 c.680 §2; 1999 c.582 §17; 2001 c.827 §17; 2007 c.70 §335]

 

      811.612 Maintenance of privileges after relocation. To maintain disabled person parking privileges after relocation, a person who relocates to Oregon and who holds a disabled person parking permit from another state shall obtain an Oregon disabled person parking permit pursuant to ORS 811.602. [2001 c.367 §6]

 

      811.613 Wheelchair User placard; rules. (1) The Department of Transportation shall issue a “Wheelchair User” disabled person parking permit in the form of a “Wheelchair User” placard or decal for use by a person who uses a wheelchair or similar low-powered motorized or mechanically propelled vehicle designed specifically for use by a person with a physical disability.

      (2) The department shall determine the form, size and content of the placards or decals, except that the department shall require that the placards or decals:

      (a) Include the words “Wheelchair User.”

      (b) Have an expiration date that is visible from outside the vehicle when the placard or decal is displayed on or in the vehicle.

      (3) The department shall by rule determine how a person may qualify for a “Wheelchair User” placard or decal under this section.

      (4) An applicant for a “Wheelchair User” placard or decal issued by the department under this section must have a driver license, a disability golf cart driver permit or an identification card issued by the department. The placard or decal shall be valid as long as the license, permit or identification card is valid and may be renewed when the license, permit or identification card is renewed.

      (5) The expiration date shall be the same as the expiration date of the driver license, disability golf cart driver permit or identification card of the holder of the placard or decal. [2007 c.468 §4]

 

      Note: 811.613 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      811.615 Unlawful parking in space reserved for persons with disabilities; exceptions; penalty. (1) A person commits the offense of unlawful parking in a space reserved for persons with disabilities if:

      (a) The person parks a vehicle in any parking space that is on private or public property and that is marked or signed to provide parking for persons with disabilities and the vehicle does not conspicuously display a disabled person parking permit described in ORS 811.602 or 811.606 or a disabled parking permit issued by another jurisdiction;

      (b) The person parks a vehicle in the aisle required by ORS 447.233 regardless of whether or not the vehicle displays a disabled person parking permit; or

      (c) The person parks a vehicle in a parking space that is on private or public property and that is marked or signed “Wheelchair User Only” as described in ORS 447.233 and the vehicle does not conspicuously display a “Wheelchair User” placard or decal issued under ORS 811.613.

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

      (a) Momentarily parking a vehicle in a parking space marked or signed for persons with disabilities for the purposes of allowing a person with a disability to enter or leave the vehicle.

      (b) Any parking space that is marked or signed to provide parking for persons with disabilities and that is subject to different provisions or requirements under city or county ordinance if the different provisions or requirements are clearly posted.

      (3) Unless the police officer or other authorized person issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle and the citation issued for the violation may be placed upon the vehicle. If the parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, the operator of the vehicle is in violation of this section.

      (4) The penalties provided by this section shall be imposed regardless of the text or symbol displayed on the marking or sign reserving the space or aisle for persons with disabilities. The penalties are in addition to the following:

      (a) A vehicle parked on private property in violation of this section is subject to removal under ORS 98.810 and to lien and sale under ORS 98.812.

      (b) A vehicle parked in violation of this section may be removed and sold as provided under ORS 811.620.

      (5)(a) Except as provided in paragraph (b) of this subsection, unlawful parking in a space reserved for persons with disabilities is a Class C traffic violation.

      (b) A second or subsequent conviction for unlawful parking in a space reserved for persons with disabilities is a Class A traffic violation. [1983 c.338 §680; 1985 c.16 §328; 1987 c.187 §2; 1989 c.243 §8; 1991 c.741 §11; 1993 c.195 §1; 1995 c.79 §373; 1997 c.680 §4; 2001 c.367 §1; 2007 c.70 §336; 2007 c.468 §6; 2011 c.597 §99]

 

      811.617 Blocking parking space reserved for persons with disabilities; penalty. (1) A person commits the offense of blocking a parking space reserved for persons with disabilities if the person:

      (a) Stops or parks a vehicle in such a way as to block access to a parking space that is on private or public property and that is marked or signed to provide parking for persons with disabilities; or

      (b) Places an object or allows an object to be placed in such a manner that it blocks access to a parking space that is on private or public property and that is marked or signed to provide parking for persons with disabilities.

      (2)(a) Unless the police officer or other authorized person issuing the citation witnesses the stopping or parking of a vehicle in violation of subsection (1)(a) of this section, there is a rebuttable presumption that the vehicle was stopped or parked by the registered owner of the vehicle and a citation issued for the violation may be placed upon the vehicle. If the stopping or parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, or if the operator is in the vehicle, the operator of the vehicle is in violation of this section.

      (b) Unless the police officer or other authorized person issuing the citation witnesses the blocking of a parking space in violation of subsection (1)(b) of this section, there is a rebuttable presumption that the owner or manager of the parking lot placed or allowed placement of the object blocking access to the parking space and a citation may be issued to the owner or manager of the parking lot. If a police officer or other person issuing the citation sees a person placing an object in violation of subsection (1)(b) of this section, the officer or other person may issue the citation to the person seen.

      (3) For purposes of this section, a parking space includes any adjacent access aisle as described in ORS 447.233.

      (4) The offense described in this section, blocking a parking space reserved for persons with disabilities, is a Class D traffic violation. [1997 c.498 §2; 2001 c.367 §2; 2007 c.70 §337; 2011 c.597 §99a]

 

      811.620 Removal of vehicle illegally parked in space reserved for persons with disabilities. If a vehicle is illegally parked in violation of ORS 811.615, the vehicle may be removed and, if notice required under subsection (3) of this section is given, is subject to costs for the removal and storage of the vehicle as provided under the following:

      (1) The owner of private property may have the vehicle removed from the property in the manner provided for removal of vehicles under ORS 98.812.

      (2) Subject to subsection (3) of this section, any state agency or political subdivision of this state may provide for the removal and storage of the vehicle and the vehicle shall be subject to the following:

      (a) The state agency or political subdivision may require payment of reasonable costs for removal and storage of the vehicle before the vehicle is released.

      (b) If the vehicle is not claimed and any fees required under this subsection are not paid within 30 days of the removal, a lien described under ORS 98.812 attaches to the vehicle and its contents for the reasonable costs for removal and storage of the vehicle and contents.

      (3) If a vehicle is removed under subsection (2) of this section, the tower removing the vehicle shall:

      (a) Notify the local law enforcement agency of the location of the vehicle within one hour after the vehicle is placed in storage; and

      (b) Unless the vehicle is claimed, give notice, within 10 days after the vehicle is placed in storage, to the vehicle owner or any other person with an interest in the vehicle, as indicated by the title records. If notice under this paragraph is given by mail, it must be mailed within the 10-day period, but need not be received within that period. [1983 c.338 §433; 1985 c.16 §227; 1993 c.233 §56; 2007 c.538 §14]

 

      811.625 Unlawful use of disabled person parking permit; penalty. (1) A person commits the offense of unlawful use of a disabled person parking permit if the person:

      (a) Is not a person with a disability and is not transporting the holder of a disabled person parking permit to or from the parking location; and

      (b) Uses a disabled person parking permit described under ORS 811.602 or 811.606 to exercise any privileges granted under ORS 811.635.

      (2) Except as provided in subsection (3) of this section, unlawful use of a disabled person parking permit is a Class C traffic violation.

      (3) A second or subsequent conviction for unlawful use of a disabled person parking permit is a Class A traffic violation. [1983 c.338 §681; 1987 c.187 §3; 1989 c.243 §9; 1991 c.741 §12; 1995 c.79 §374; 2001 c.367 §3; 2007 c.70 §338; 2011 c.597 §100]

 

      811.627 Use of invalid disabled person parking permit; penalty. (1) A person commits the offense of use of an invalid disabled person parking permit if the person uses a permit that is not a valid permit from another jurisdiction, and that:

      (a) Has been previously reported as lost or stolen;

      (b) Has been altered;

      (c) Was issued to a person who is deceased at the time of the citation;

      (d) Has not been issued under ORS 811.602;

      (e) Is a photocopy or other reproduction of a permit, regardless of the permit status; or

      (f) Is mutilated or illegible.

      (2) Unless the police officer or other authorized person issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle and the citation issued for the violation may be placed upon the vehicle. If the parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, the operator of the vehicle is in violation of this section.

      (3) The offense described in this section, use of an invalid disabled person parking permit, is a Class A traffic violation.

      (4) If the court finds that a person committed the offense described in this section, the court shall collect the permit and return it to the Department of Transportation for destruction unless the person claims the permit was lost or destroyed, or the police officer or other person authorized to issue a citation for the offense collected the permit.

      (5) If the court finds that a person committed the offense described in this section by using a permit that was mutilated or illegible, the court may assess any fine it deems appropriate up to the maximum amount allowable for the offense. If the mutilated or illegible permit has been replaced by the department, the court may dismiss the citation. [2001 c.367 §7; 2011 c.597 §100a]

 

      811.630 Misuse of program placard; penalty. (1) A person commits the offense of misuse of a program placard if the person:

      (a) Is the driver of a vehicle that is being used as part of a program for the transportation of persons with disabilities; and

      (b) Uses a program placard described under ORS 811.607 for any purpose other than exercising privileges granted under ORS 811.637.

      (2) Except as provided in subsection (3) of this section, misuse of a program placard is a Class C traffic violation.

      (3) A second or subsequent conviction for misuse of a program placard is a Class A traffic violation. [1983 c.338 §682; 1987 c.187 §4; 1989 c.243 §10; 2001 c.367 §4; 2007 c.70 §339; 2011 c.597 §101]

 

      811.632 Appointment of volunteers to issue citations. (1) A law enforcement agency authorized to enforce parking laws may appoint volunteers to issue citations for violations of ORS 811.615, 811.617, 811.625 and 811.630, or of ordinances dealing with parking privileges for persons with disabilities. Volunteers appointed under this subsection must be at least 21 years of age. The law enforcement agency appointing the volunteers may establish any other qualifications the agency deems desirable.

      (2) Any agency appointing volunteers under this section shall provide training to the volunteers before authorizing them to issue citations.

      (3) A citation issued by a volunteer appointed under this section shall have the same force and effect as a citation issued by a police officer for the same offense. [1991 c.741 §10; 1997 c.498 §3; 2007 c.70 §340]

 

      Note: 811.632 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      811.635 Privileges granted by disabled person parking permit other than program placard. All of the following apply to the parking privileges granted to persons with disabilities under a disabled person parking permit other than a program placard described in ORS 811.607:

      (1) The privileges granted under a permit may be exercised notwithstanding ORS 811.575, any authority granted under ORS 810.160 or parking restrictions imposed by any city or county and without violation thereof.

      (2) Subject to the limitations under subsection (4) of this section, a “Wheelchair User” placard or decal allows its holder, or another person while transporting its holder to or from the parking location, to exercise the following privileges:

      (a) Park a motor vehicle in any public parking zone restricted as to the length of time permitted therein without incurring penalties imposed for overtime parking in such zones.

      (b) Park a motor vehicle in any public parking zone with metered parking without being required to pay any parking meter fee.

      (3) A city or county may allow any person who holds a disabled person parking permit to exercise the rights described in subsection (2) of this section.

      (4) The privileges granted under subsection (2) of this section do not include any of the following:

      (a) Parking in zones where stopping, parking or standing of all motor vehicles is prohibited.

      (b) Parking in the late evening or overnight where such parking is prohibited.

      (c) Parking in zones reserved for special types of motor vehicles or activities.

      (d) Parking in zones where parking is permitted only for 30 minutes or less.

      (e) Parking in a parking space marked or signed for “Wheelchair User Only,” unless displaying a “Wheelchair User” placard or decal issued under ORS 811.613.

      (5) In addition to other privileges granted under a permit, the person issued a permit, or another person while transporting the person issued the permit to or from the parking location, may use the permit to park in a parking space that is marked or signed to provide parking for persons with disabilities without violation of ORS 811.615. [1983 c.338 §683; 1985 c.139 §4; 1987 c.187 §5; 1989 c.243 §11; 2007 c.70 §341; 2007 c.468 §7]

 

      811.637 Privileges granted by program placards. (1) Notwithstanding ORS 811.635, a program placard described under ORS 811.607 confers only the following privileges:

      (a) It authorizes the driver of a vehicle that is being used as part of the program to which the placard was issued to park the vehicle for three hours or less in any public parking zone restricted as to the length of time permitted therein without incurring penalties for overtime parking in such zones;

      (b) It authorizes the driver of a vehicle that is being used as part of the program to which the placard was issued to park the vehicle for three hours or less in any public parking zone with metered parking without being required to pay any parking meter fee; and

      (c) It authorizes the driver of a vehicle that is being used as part of the program to which the placard was issued to park the vehicle for three hours or less in any parking space that is marked or signed to provide parking for persons with disabilities without violation of ORS 811.615, so long as the vehicle conspicuously displays the permit.

      (2) The privileges granted under subsection (1) of this section do not include any of the following:

      (a) Parking in zones where stopping, parking or standing of all motor vehicles is prohibited.

      (b) Parking in the late evening or overnight where such parking is prohibited.

      (c) Parking in zones reserved for special types of motor vehicles or activities.

      (d) Parking in zones where parking is permitted only for 30 minutes or less. [1989 c.243 §13; 1999 c.779 §1; 2007 c.70 §342]

 

      811.640 [1983 c.338 §684(2); 1985 c.16 §329(2); 1985 c.139 §5(2); 1987 c.187 §11; 1989 c.243 §14; 1991 c.741 §5; 1995 c.462 §3; 1997 c.680 §3; 1999 c.91 §6; repealed by 2001 c.827 §18]

 

ACCIDENTS

 

(Duties)

 

      811.700 Failure to perform duties of driver when property is damaged; penalty. (1) A person commits the offense of failure to perform the duties of a driver when property is damaged if the person is the driver of any vehicle and the person does not perform duties required under any of the following:

      (a) If the person is the driver of any vehicle involved in an accident that results only in damage to a vehicle that is driven or attended by any other person the person must perform all of the following duties:

      (A) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this subparagraph shall be made without obstructing traffic more than is necessary.

      (B) Remain at the scene of the accident until the driver has fulfilled all of the requirements under this paragraph.

      (C) Give to the other driver or passenger the name and address of the driver and the registration number of the vehicle that the driver is driving and the name and address of any other occupants of the vehicle.

      (D) Upon request and if available, exhibit and give to the occupant of or person attending any vehicle damaged the number of any documents issued as evidence of driving privileges granted to the driver.

      (b) If the person is the driver of any vehicle that collides with any vehicle that is unattended, the person shall immediately stop and:

      (A) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle; or

      (B) Leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

      (c) If the person is the driver of any vehicle involved in an accident resulting only in damage to fixtures or property legally upon or adjacent to a highway, the person shall do all of the following:

      (A) Take reasonable steps to notify the owner or person in charge of the property of such fact and of the driver’s name and address and of the registration number of the vehicle the driver is driving.

      (B) Upon request and if available, exhibit any document issued as official evidence of a grant of driving privileges to the driver.

      (2) The offense described in this section, failure to perform the duties of a driver when property is damaged, is a Class A misdemeanor and is applicable on any premises open to the public. [1983 c.338 §572]

 

      811.705 Failure to perform duties of driver to injured persons; penalty. (1) A person commits the offense of failure to perform the duties of a driver to injured persons if the person is the driver of any vehicle involved in an accident that results in injury or death to any person and does not do all of the following:

      (a) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this paragraph shall be made without obstructing traffic more than is necessary.

      (b) Remain at the scene of the accident until the driver has fulfilled all of the requirements under this subsection.

      (c) Give to the other driver or surviving passenger or any person not a passenger who is injured as a result of the accident the name and address of the driver and the registration number of the vehicle that the driver is driving and the name and address of any other occupants of the vehicle.

      (d) Upon request and if available, exhibit and give to the persons injured or to the occupant of or person attending any vehicle damaged the number of any document issued as official evidence of a grant of driving privileges.

      (e) Render to any person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by any injured person.

      (f) Remain at the scene of an accident until a police officer has arrived and has received the required information, if all persons required to be given information under paragraph (c) of this subsection are killed in the accident or are unconscious or otherwise incapable of receiving the information. The requirement of this paragraph to remain at the scene of an accident until a police officer arrives does not apply to a driver who needs immediate medical care, who needs to leave the scene in order to secure medical care for another person injured in the accident or who needs to leave the scene in order to report the accident to the authorities, so long as the driver who leaves takes reasonable steps to return to the scene or to contact the nearest police agency.

      (2)(a) Except as otherwise provided in paragraph (b) of this subsection, the offense described in this section, failure to perform the duties of a driver to injured persons, is a Class C felony and is applicable on any premises open to the public.

      (b) Failure to perform the duties of a driver to injured persons is a Class B felony if a person suffers serious physical injury as defined in ORS 161.015 or dies as a result of the accident. [1983 c.338 §573; 1993 c.621 §1; 2001 c.919 §1]

 

      811.706 Money damages resulting from violation of ORS 811.700 or 811.705. When a person is convicted of violating ORS 811.700 or 811.705, the court, in addition to any other sentence it may impose, may order the person to pay an amount of money equal to the amount of any damages caused by the person as a result of the incident that created the duties in ORS 811.700 or 811.705. [1995 c.782 §2]

 

      Note: 811.706 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      811.707 Crime classification for violation of ORS 811.705. The Oregon Criminal Justice Commission shall classify the crime of failure to perform the duties of a driver to injured persons as crime category 8 of the sentencing guidelines grid of the commission if a person suffers serious physical injury as defined in ORS 161.015 or dies as a result of the accident that forms the basis of the conviction. [2001 c.919 §2]

 

      Note: 811.707 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      811.710 Failure to perform duties of driver when animal is injured; penalty. (1) A person commits the offense of failure to perform the duties of a driver when an animal is injured if the person knowingly strikes and injures a domestic animal and the person does not do all of the following:

      (a) Stop at once.

      (b) Make a reasonable effort to determine the nature of the animal’s injuries.

      (c) Give reasonable attention to the animal.

      (d) Immediately report the injury to the animal’s owner.

      (e) If unable to contact the owner of the animal, notify a police officer.

      (2) The requirements under this section for a driver to stop and attend an injured animal depend on the traffic hazards then existing.

      (3) The offense described in this section, failure to perform the duties of a driver when an animal is injured, is a Class B traffic violation. [1983 c.338 §574]

 

      811.715 Failure to perform duties of witness to accident; penalty. (1) A person commits the offense of failure to perform the duties of a witness to an accident if the person:

      (a) Witnesses an accident that results in injury or death to any person or causes damage to a vehicle that is driven or attended by any person; and

      (b) Does not furnish to the driver or occupant of such vehicles or injured person, the true name and address of the witness.

      (2) The offense described in this section, failure to perform the duties of a witness to an accident, is a Class B traffic violation. [1983 c.338 §575]

 

      811.717 Failure to remove motor vehicle from roadway; penalty. (1) The driver of a motor vehicle commits the offense of failure to remove a motor vehicle from the roadway if, after an accident:

      (a) A person has not suffered any apparent personal injury as a result of the accident;

      (b) The motor vehicle is operable and does not require towing;

      (c) It is safe to drive the motor vehicle to a location off of the roadway as close to the accident scene as possible; and

      (d) The driver does not move the motor vehicle to a location off of the roadway as close to the accident scene as possible.

      (2) The offense described in this section, failure to remove a motor vehicle from the roadway, is a Class C traffic violation. [2007 c.664 §4; 2008 c.10 §3]

 

      Note: 811.717 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

(Reports)

 

      811.720 When accident must be reported to Department of Transportation. (1) Except as provided in subsection (4) of this section, any accident occurring on a highway or upon premises open to the public resulting in injury or death to any person is subject to the reporting requirements under the following sections:

      (a) The reporting requirements for drivers under ORS 811.725.

      (b) The reporting requirements for occupants of vehicles in accidents under ORS 811.735.

      (c) The reporting requirements for owners of vehicles under ORS 811.730.

      (2) Except as provided in subsection (4) of this section, an accident occurring on a highway or upon premises open to the public resulting in damage to the property of any person in excess of $1,500 is subject to the following reporting requirements:

      (a) The driver of a vehicle that has more than $1,500 damage must report the accident in the manner specified under ORS 811.725.

      (b) The owner of a vehicle that has more than $1,500 damage must report the accident in the manner specified in ORS 811.730 and under the circumstances specified in ORS 811.730.

      (c) If the property damage is to property other than a vehicle involved in the accident, each driver involved in the accident must report the accident in the manner specified under ORS 811.725 and each owner of a vehicle involved in the accident must report the accident in the manner specified in ORS 811.730 and under the circumstances specified in ORS 811.730.

      (d) If a vehicle involved in the accident is damaged to the extent that the vehicle must be towed from the scene of the accident, each driver involved in the accident must report the accident in the manner specified under ORS 811.725 and each owner of a vehicle involved in the accident must report the accident in the manner specified in ORS 811.730 and under the circumstances specified in ORS 811.730.

      (3) The dollar amount specified in subsection (2) of this section may be increased every five years by the Department of Transportation based upon any increase in the Portland-Salem Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor during the preceding 12-month period. The amount determined under this subsection shall be rounded to the nearest $100.

      (4) The following are exempt from the reporting requirements of this section:

      (a) Operators of snowmobiles, Class I all-terrain vehicles or Class III all-terrain vehicles.

      (b) A law enforcement official acting in the course of official duty if the accident involved a law enforcement official performing a lawful intervention technique or a law enforcement official and a person acting during the commission of a criminal offense. As used in this paragraph:

      (A) “Law enforcement official” means a person who is responsible for enforcing the criminal laws of this state or a political subdivision of this state and who is employed or volunteers:

      (i) As a peace officer commissioned by a city, university that has established a police department under ORS 352.383 or 353.125, port, school district, mass transit district, county or county service district authorized to provide law enforcement services under ORS 451.010;

      (ii) With the Department of State Police or the Criminal Justice Division of the Department of Justice;

      (iii) As an investigator of a district attorney’s office, if the investigator is certified as a peace officer in this state; or

      (iv) As an authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011.

      (B) “Lawful intervention technique” means a method by which one motor vehicle causes, or attempts to cause, another motor vehicle to stop. [1983 c.338 §576; 1987 c.258 §11; 1993 c.614 §1; 1997 c.279 §1; 2001 c.827 §7; 2003 c.531 §1; 2005 c.405 §1; 2011 c.506 §49; 2011 c.644 §34; 2013 c.180 §54]

 

      Note: The amendments to 811.720 by section 56, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, including amendments by section 55, chapter 180, Oregon Laws 2013, is set forth for the user’s convenience.

      811.720. (1) Except as provided in subsection (4) of this section, any accident occurring on a highway or upon premises open to the public resulting in injury or death to any person is subject to the reporting requirements under the following sections:

      (a) The reporting requirements for drivers under ORS 811.725.

      (b) The reporting requirements for occupants of vehicles in accidents under ORS 811.735.

      (c) The reporting requirements for owners of vehicles under ORS 811.730.

      (2) Except as provided in subsection (4) of this section, an accident occurring on a highway or upon premises open to the public resulting in damage to the property of any person in excess of $1,500 is subject to the following reporting requirements:

      (a) The driver of a vehicle that has more than $1,500 damage must report the accident in the manner specified under ORS 811.725.

      (b) The owner of a vehicle that has more than $1,500 damage must report the accident in the manner specified in ORS 811.730 and under the circumstances specified in ORS 811.730.

      (c) If the property damage is to property other than a vehicle involved in the accident, each driver involved in the accident must report the accident in the manner specified under ORS 811.725 and each owner of a vehicle involved in the accident must report the accident in the manner specified in ORS 811.730 and under the circumstances specified in ORS 811.730.

      (d) If a vehicle involved in the accident is damaged to the extent that the vehicle must be towed from the scene of the accident, each driver involved in the accident must report the accident in the manner specified under ORS 811.725 and each owner of a vehicle involved in the accident must report the accident in the manner specified in ORS 811.730 and under the circumstances specified in ORS 811.730.

      (3) The dollar amount specified in subsection (2) of this section may be increased every five years by the Department of Transportation based upon any increase in the Portland-Salem Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor during the preceding 12-month period. The amount determined under this subsection shall be rounded to the nearest $100.

      (4) The following are exempt from the reporting requirements of this section:

      (a) Operators of snowmobiles, Class I all-terrain vehicles or Class III all-terrain vehicles.

      (b) A law enforcement official acting in the course of official duty if the accident involved a law enforcement official performing a lawful intervention technique or a law enforcement official and a person acting during the commission of a criminal offense. As used in this paragraph:

      (A) “Law enforcement official” means a person who is responsible for enforcing the criminal laws of this state or a political subdivision of this state and who is employed or volunteers:

      (i) As a peace officer commissioned by a city, university that has established a police department under ORS 352.383 or 353.125, port, school district, mass transit district, county or county service district authorized to provide law enforcement services under ORS 451.010;

      (ii) With the Department of State Police or the Criminal Justice Division of the Department of Justice; or

      (iii) As an investigator of a district attorney’s office, if the investigator is certified as a peace officer in this state.

      (B) “Lawful intervention technique” means a method by which one motor vehicle causes, or attempts to cause, another motor vehicle to stop.

 

      811.725 Driver failure to report accident to Department of Transportation; penalty. (1) The driver of a vehicle commits the offense of driver failure to report an accident if the driver does any of the following:

      (a) Is driving any vehicle that is involved in an accident required to be reported under ORS 811.720 and does not, within 72 hours of the accident, complete a report of the accident in a form approved by the Department of Transportation and submit the report to the department.

      (b) Is driving a vehicle that is involved in an accident and does not submit to the department any report required by the department that is other than or in addition to the reports required by this section. The department may request a supplemental report if in the opinion of the department the original report is insufficient.

      (c) Is driving any vehicle that is involved in an accident required to be reported under ORS 811.720 and does not, within 72 hours of the accident, certify to the department, in a form furnished by the department, that at the time of the accident the person was in compliance with the financial responsibility requirements.

      (2) The certification of compliance with financial responsibility required under this section is subject to the prohibitions and penalties for false certification under ORS 806.050.

      (3) The reports described under this section are subject to the provisions of ORS 802.220 and 802.240 relating to the use of such reports after submission. Exemptions from requirements to certify compliance with financial responsibility are established under ORS 806.020.

      (4) A driver may be required to file additional accident reports with a city as provided under ORS 801.040.

      (5) The offense described in this section, driver failure to report an accident, is a Class B traffic violation. [1983 c.338 §577; 1985 c.393 §36; 1993 c.751 §67; 2005 c.195 §1]

 

      811.730 Owner failure to report accident to Department of Transportation; penalty. (1) The owner of a vehicle commits the offense of owner failure to report an accident if the owner does any of the following:

      (a) If the person owns a vehicle that is involved in an accident that is required to be reported under ORS 811.720 and all of the following apply:

      (A) The accident occurred while the vehicle was driven by someone other than the owner of the vehicle.

      (B) The driver of the vehicle does not make an accident report as required under ORS 811.725.

      (C) The owner of the vehicle fails to report the accident to the Department of Transportation in a form specified by the department as soon as the owner learns of the accident.

      (b) If the person is the owner of a vehicle involved in an accident and the person does not make any additional reports the department may require.

      (2) The offense described in this section, owner failure to report an accident, is a Class B traffic violation. [1983 c.338 §578; 1985 c.393 §37; 1993 c.751 §68]

 

      811.735 Failure of vehicle occupant to make accident report to Department of Transportation; penalty. (1) A person commits the offense of failure of a vehicle occupant to make an accident report if:

      (a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in an accident required to be reported under ORS 811.720;

      (b) The driver of the vehicle is physically incapable of making an accident report required under ORS 811.725; and

      (c) The occupant does not make the accident report or cause the accident report to be made.

      (2) This section does not require an occupant of a vehicle who is not a driver to make any certification of compliance with financial responsibility requirements.

      (3) The offense described in this section, failure of a vehicle occupant to make an accident report, is a Class B traffic violation. [1983 c.338 §579]

 

      811.740 False accident report; penalty. (1) A person commits the offense of giving a false accident report if the person gives information in any report required under ORS 811.725 or 811.730, knowing or having reason to believe that such information is false.

      (2) The offense described in this section, giving a false accident report, is a Class B misdemeanor. [1983 c.338 §581; 1985 c.393 §38]

 

      811.745 When accident must be reported to police officer or law enforcement agency. (1) Except as provided in subsection (4) of this section, any accident occurring on a highway or upon premises open to the public resulting in injury or death to any person is subject to the reporting requirements under the following sections:

      (a) The reporting requirements for drivers under ORS 811.748.

      (b) The reporting requirements for occupants of vehicles in accidents under ORS 811.750.

      (2) Except as provided in subsection (4) of this section, an accident occurring on a highway or upon premises open to the public resulting in damage to the property of any person in excess of $1,500 is subject to the following reporting requirements:

      (a) The driver of a vehicle that has more than $1,500 damage must report the accident in the manner specified under ORS 811.748.

      (b) If the property damage is to property other than a vehicle involved in the accident, each driver involved in the accident must report the accident in the manner specified under ORS 811.748.

      (c) If a vehicle involved in the accident is damaged to the extent that the vehicle must be towed from the scene of the accident, each driver involved in the accident must report the accident in the manner specified under ORS 811.748.

      (3) The dollar amount specified in subsection (2) of this section may be increased every five years by the Department of Transportation based upon any increase in the Portland-Salem Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor during the preceding 12-month period. The amount determined under this subsection shall be rounded to the nearest $100.

      (4) The following are exempt from the reporting requirements of this section:

      (a) Operators of snowmobiles and Class I, Class III and Class IV all-terrain vehicles.

      (b) A law enforcement official acting in the course of official duty if the accident involved a law enforcement official performing a lawful intervention technique or involved a law enforcement official and a person acting during the commission of a criminal offense. As used in this paragraph:

      (A) “Law enforcement official” means a person who is responsible for enforcing the criminal laws of this state or a political subdivision of this state and who is employed or volunteers:

      (i) As a peace officer commissioned by a city, port, university that has established a police department under ORS 352.383 or 353.125, school district, mass transit district, county or service district authorized to provide law enforcement services under ORS 451.010;

      (ii) With the Department of State Police or the Criminal Justice Division of the Department of Justice; or

      (iii) As an investigator of a district attorney’s office, if the investigator is certified as a peace officer in this state.

      (B) “Lawful intervention technique” means a method by which one motor vehicle causes, or attempts to cause, another motor vehicle to stop.

      (5) The reporting requirements under this section are in addition to, and not in lieu of, the reporting requirements under ORS 811.720. [2009 c.490 §2; 2011 c.360 §18; 2011 c.506 §50; 2013 c.180 §56]

 

      Note: 811.745 to 811.750 were added to and made a part of the Oregon Vehicle Code by legislative action but were not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      811.747 Definitions for ORS 811.748 and 811.750. As used in ORS 811.748 and 811.750:

      (1) “9-1-1 emergency reporting system” has the meaning given that term in ORS 403.105.

      (2) “Law enforcement agency” means any agency that employs members of the Oregon State Police, a sheriff, a deputy sheriff, a city police officer, a police officer commissioned by a university under ORS 352.383 or 353.125 or a law enforcement officer employed by a service district established under ORS 451.410 to 451.610 for the purpose of law enforcement services. [2009 c.490 §3; 2011 c.506 §51; 2013 c.180 §57]

 

      Note: See note under 811.745.

 

      811.748 Driver failure to report accident to police officer or law enforcement agency; penalty. (1) The driver of a vehicle commits the offense of driver failure to report an accident if the driver is driving any vehicle that is involved in an accident required to be reported under ORS 811.745 and the driver, if physically capable, does not give notice of the accident immediately to a police officer or a law enforcement agency by the quickest means available.

      (2) Notwithstanding subsection (1) of this section, a driver does not commit the offense of driver failure to report an accident if:

      (a) The accident required to be reported under ORS 811.745 results in a serious injury or death; and

      (b) The driver gives notice of the accident immediately to a 9-1-1 emergency reporting system by the quickest means available.

      (3) The offense described in this section, driver failure to report an accident, is a Class A traffic violation. [2009 c.490 §4]

 

      Note: See note under 811.745.

 

      811.750 Failure of vehicle occupant to make accident report to police officer or law enforcement agency; penalty. (1) A person commits the offense of failure of a vehicle occupant to make an accident report if:

      (a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in an accident required to be reported to a police officer or a law enforcement agency under ORS 811.745;

      (b) The driver of the vehicle is physically incapable of giving notice to a police officer or a law enforcement agency as required under ORS 811.748; and

      (c) The occupant does not give notice of the accident immediately to a police officer or a law enforcement agency by the quickest means available.

      (2) Notwithstanding subsection (1) of this section, a person does not commit the offense of failure of a vehicle occupant to make an accident report if:

      (a) The accident required to be reported under ORS 811.745 results in a serious injury or death; and

      (b) The person gives notice of the accident immediately to a 9-1-1 emergency reporting system by the quickest means available.

      (3) The offense described in this section, failure of a vehicle occupant to make an accident report, is a Class A traffic violation. [2009 c.490 §5]

 

      Note: See note under 811.745.

 

FUNERAL PROCESSIONS

 

      811.800 Operation of funeral vehicles with improper lights; penalty. (1) A person commits the offense of operation of a funeral escort vehicle or a funeral lead vehicle with improper lights if the person:

      (a) Fails to equip the funeral escort vehicle or funeral lead vehicle with at least one “fire company warning light” as provided for under ORS 816.350 and described under ORS 816.285; or

      (b) Uses the “fire company warning light” at any time except during a funeral procession.

      (2) No ordinance or other regulation shall prohibit the use of warning lights on a funeral escort vehicle or funeral lead vehicle while driving in a funeral procession.

      (3) The offense described in this section, operation of a funeral escort vehicle or funeral lead vehicle with improper lights, is a Class D traffic violation. [1991 c.482 §6; 1993 c.18 §170; 1995 c.383 §1]

 

      811.802 Failure to yield right of way to funeral procession; penalty. (1) A person commits the offense of failure to yield the right of way to a funeral procession if the funeral procession is accompanied by a funeral escort vehicle or a funeral lead vehicle and the person does not do the following:

      (a) Yield the right of way to the funeral procession.

      (b) Stop before entering any intersection and remain stopped until the funeral procession has passed.

      (c) Obey any directions given by a driver of a funeral escort vehicle.

      (2) Except as otherwise provided in subsection (3) of this section and except for emergency vehicles and police vehicles or at the direction of a police officer, this section applies to pedestrians, bicyclists, motor vehicle drivers and anyone else in the path of a funeral procession.

      (3) This section applies only to persons who knew or in the exercise of reasonable care should have known of the presence of a funeral procession.

      (4) The offense described in this section, failure to yield the right of way to a funeral procession, is a Class D traffic violation. [1991 c.482 §7; 1995 c.383 §2]

 

      811.804 Intersection rules for funeral processions. (1) While exercising due caution regarding the safety of others, notwithstanding any traffic control device, right of way provisions or other provisions of the Oregon Vehicle Code, if the funeral escort vehicle or funeral lead vehicle lawfully enters an intersection, the following procession may enter the intersection without stopping.

      (2) Notwithstanding subsection (1) of this section, the vehicles in the funeral procession shall yield the right of way:

      (a) To an emergency vehicle giving an audible or visible signal; or

      (b) If directed by a police officer to do so. [1991 c.482 §8]

 

      811.806 Exceeding maximum speed for funeral procession; penalty. (1) Notwithstanding any other provision of law, a person commits the offense of exceeding the maximum speed for a funeral procession if:

      (a) The person is driving in a funeral procession on a highway with a speed limit of less than 50 miles per hour and the person drives at a speed that exceeds five miles per hour less than the speed limit; or

      (b) The person is driving in a funeral procession on a highway with a speed limit greater than 50 miles per hour and the person drives at a speed that exceeds 45 miles per hour.

      (2) The offense described in this section, exceeding the maximum speed for a funeral procession, is a Class D traffic violation. [1991 c.482 §12; 1995 c.383 §3]

 

      811.808 Exemption from speed limits for funeral escort vehicle. Notwithstanding ORS 811.111 or 811.295, while overtaking the funeral procession in order to direct traffic at the next intersection, the funeral escort vehicle may exceed the posted speed limit by 10 miles per hour and may cross the center line of a roadway that is divided into two or more lanes. [1991 c.482 §9; 2003 c.14 §494; 2003 c.819 §10]

 

      811.810 Disrupting funeral procession; penalty. (1) A person commits the offense of disrupting a funeral procession if:

      (a) The person is driving a vehicle that is not a member of the funeral procession and the person drives between the vehicles in a funeral procession; or

      (b) The person is driving a vehicle that is not a member of the funeral procession and the person joins the funeral procession in order to be exempt from any rule of the road.

      (2) This section does not apply to any emergency vehicle or police vehicle while that vehicle is performing emergency or police duties.

      (3) The offense described in this section, disrupting a funeral procession, is a Class D traffic violation. [1991 c.482 §10; 1995 c.383 §4]

 

      811.812 Free passage for funeral procession vehicles. Any person or vehicle participating in a funeral procession shall be allowed to pass free through all tollgates, tunnels, toll bridges and ferries. [1991 c.482 §11]

 

CHAPTER 812

[Reserved for expansion]

_______________