Oregon Revised Statutes
Chapter 810 — Road Authorities; Courts; Police; Other Enforcement Officials
77 sections
This section designates the bodies responsible for exercising jurisdiction over certain highways when the vehicle code requires the exercise of jurisdiction by the road authority. This section does not control where a specific section of the vehicle code specifically provides for exercising jurisdiction in a manner different than provided by this section. Ex…
Notwithstanding any other provision of the Oregon Vehicle Code, the Oregon Transportation Commission, by rule, may establish procedures for, and certify to the Federal Highway Administration compliance with, 23 C.F.R. part 658 for roads under the authority of cities and counties.
(Roads)
Each road authority may prohibit or restrict the use of a throughway in its jurisdiction by any of the following:
Parades.
Bicycles or other nonmotorized traffic.
Motorcycles or mopeds.
Regulation under this section becomes effective when appropriate signs giving notice of the regulation are erected upon a throughway and the approaches to the throughway.…
A road authority, on its own highways, may allow a person to use a vehicle that is otherwise prohibited from operating on the highways of this state if:
The person is operating the vehicle in a parade;
The vehicle is operated with the approval of and under the conditions imposed by the road authority; and
The vehicle complies with vehicle weight and size …
A road authority may impose restrictions described under this section on its own highways as the road authority determines necessary to do any of the following:
Protect any highway or section of highway from being unduly damaged.
Protect the interest and safety of the general public.
Restrictions that may be imposed under this section include any of the f…
Each road authority may designate any of its highways or any section of any of its highways as a truck route and may prohibit the operation of trucks, machinery or any other large or heavy vehicles upon any other of its highways that serves the same route or area served by the truck route designated. The authority granted under this section is subject to all…
If the board of county commissioners of a county finds that a segment of county road within the county demonstrates a safety concern, the board may designate that segment as a safety corridor. The board of county commissioners for each county may designate no more than two safety corridors at one time. This section applies only to county roads for which the …
The Department of Transportation may authorize the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a size or weight in excess of the limits under ORS 818.020, 818.090 or 818.110 if federal law permits various states to establish size and weight limits in excess of those under ORS 818.020, 818.090 or 818.110. The departm…
A road authority shall adopt a rule, resolution or ordinance to allow vehicles or combinations of vehicles with a loaded weight in excess of the weight limitations established by Table III under ORS 818.010 or a length or width in excess of that authorized under ORS 818.080 and 818.090 to be operated over any highway of the road authority if the road authori…
A road authority, on any of its own highways that are located adjacent to a golf course, may permit the operation of golf carts between the golf course and the place where golf carts are parked or stored or located within or bounded by a real estate development. All of the following apply to the authority granted under this section:
Exercise of the authorit…
Road authorities may regulate the movement of pedestrians upon highways within their jurisdictions by doing any of the following:
Establishing marked crosswalks and designating them by appropriate marking.
Closing a marked or unmarked crosswalk and prohibiting pedestrians from crossing a roadway where a crosswalk has been closed by placing and maintaining …
Bicycle racing is permitted on any highway in this state upon the approval of, and under conditions imposed by, the road authority for the highway on which the race is held.
Each incorporated community within this state has power, by law or ordinance duly enacted, to regulate the use of its streets by horses and other animals to the extent that bridle paths may be designated upon certain streets and the animals may be prohibited on other streets.
Each road authority may do any of the following on its own highways:
Designate a main traveled or through highway by placing traffic control devices at the entrances to the highway from intersecting highways to notify drivers to stop or yield the right of way before entering or crossing the designated highway.
Designate intersections or other roadway junct…
Each road authority may do the following on its own highways:
Determine where overtaking or passing or driving to the left of the center of the roadway would be especially hazardous; and
Establish zones on the roadway where overtaking or passing or driving to the left of the center of the roadway are prohibited because such would be especially hazardous.
…
The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. Each road authority may do any of the following on its own highways, subject to any limitations described:
Designate a highway or section or specific lane on a highway where vehicle traffic must proceed in one direction at all tim…
Any road authority may designate lanes on its own highways that are to be used exclusively by buses or high occupancy-use passenger vehicles for the purpose of conserving energy and facilitating public transportation.
Any restriction or limitation imposed under this section must be imposed by proper order. The restriction or limitation is effective when app…
Street drains, sewer drains, storm drains and other similar openings in a roadbed over which traffic must pass that are in any portion of a public way, highway, road, street, footpath or bicycle trail that is available for use by bicycle traffic shall be designed and installed, including any modification of existing drains, with grates or covers so that bicy…
Except as otherwise provided in this section, each road authority has exclusive authority to regulate, control or prohibit the stopping, standing and parking of vehicles upon its own highways. The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. The authority granted in this section …
The Oregon Transportation Commission shall designate winter recreation parking locations throughout this state where parking is prohibited under ORS 811.590 except for vehicles exempted under that section and vehicles with winter recreation parking permits issued under ORS 811.595. The commission may identify access roads to winter recreation facilities, roa…
As used in this section:
“Designated speed” means the speed that is designated by a road authority as the maximum permissible speed for a highway and that may be different from the statutory speed for the highway.
“Statutory speed” means the speed that is established as a speed limit under ORS 811.111, or is established as the speed the exceeding of which …
(Traffic Control Devices)
The Oregon Transportation Commission may exercise the following authority with respect to the marking, signing and use of traffic control devices in this state:
The commission shall adopt a manual and specifications of uniform standards for traffic control devices consistent with the provisions of the vehicle code for use upon highways in this state.
The c…
The Oregon Transportation Commission is vested with exclusive jurisdiction over the installation at railroad-highway grade crossings of signs, signals, gates, protective devices or any other device to warn or protect the public at a railroad-highway crossing. The commission is granted exclusive authority under this subsection to determine the character or ty…
Any sign that is posted on a highway in this state that expresses a speed limit in kilometers per hour shall also show the speed limit in miles per hour. The limit in miles per hour shall be printed above the limit in kilometers per hour and shall be of equal size lettering.
The Oregon Transportation Commission shall adopt uniform standards for posting signs prohibiting the use of unmuffled engine brakes as described in ORS 811.492.
The commission is authorized to provide a uniform system of posting signs within the boundaries of the state. Any sign posted shall inform the driver that the use of unmuffled engine braking is proh…
Official traffic control devices placed or constructed by road authorities before June 27, 1975, are not required to conform to specifications and location criteria approved by the Oregon Transportation Commission. Any new or amended specifications approved by the commission under ORS 810.200 after June 27, 1975, for the placement or construction of traffic …
A person commits the offense of unlawful sign display if the person does any of the following:
Without authority under ORS 810.200 or 810.210, places, maintains or displays upon or in view of any highway any sign, signal, marking or device that:
Purports to be or is an imitation or resembles an official traffic control device or railroad sign or signal;
A…
A person commits the offense of unlawful interference with a traffic control device or railroad sign if the person, without lawful authority and with criminal negligence, attempts to or does alter, deface, injure, knock down or remove any traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon or any other part th…
Except as provided in subsection (2) of this section, a flashing light used as a traffic control device to indicate that children may be arriving at or leaving school and operated to provide notice under ORS 811.111 or 811.235 may be operated only at times when children are scheduled to arrive at or leave the school.
A flashing light may be used to provide …
A road authority may post signs designed to give motorists notice of the provisions of ORS 811.235. The road authority may also develop procedures that enable individuals or entities to petition and pay for the erection of signs described in this section.
A road authority shall place signs prior to each multilane roundabout located on a highway under its jurisdiction that warns drivers of the hazard of driving next to a commercial motor vehicle.
A person shall not be convicted of violating a provision of the vehicle code for which an official traffic control device is required if the device is not in proper position and legible to a reasonably observant person at the time and place of the alleged violation.
Whenever a particular section of the vehicle code does not state that traffic control device…
The Department of Transportation shall adopt standards for the installation, operation and use of traffic control signal operating devices authorized under ORS 815.445. In adopting standards, the department shall consider the impact of traffic control signal operating devices on:
Safety.
The efficiency of emergency response operations.
The requirements fo…
A court, including a magistrate or clerk or deputy clerk authorized by the magistrate, shall release a person brought before it if the person gives an adequate undertaking to appear in answer to the offense at the time and place fixed by the court. A court, as it deems appropriate, is authorized to accept and may require any of the following as security for …
The current valid license of a person that is issued by this state is acceptable, when authorized under ORS 810.300, as a security deposit for a person on a traffic crime. The use of a license as security under this section is subject to all of the following:
Upon acceptance of the license as security, the magistrate or clerk or deputy clerk authorized by t…
The unexpired guaranteed arrest bond certificate, as defined in ORS 742.372, of a member of an automobile club or automobile association is acceptable, when authorized under ORS 810.300, 810.448 or 810.450, as a security deposit for that member for any traffic crime, other than a felony, if the security deposit required does not exceed $1,000. The use of an …
The unexpired membership card of any member of an automobile association is acceptable as a security deposit for that member as provided under this section. The use of an unexpired membership card as security deposit is subject to the following:
The membership card may only be used as a security deposit:
For the violation of any motor vehicle law of this s…
All proceedings concerning traffic offenses shall conform to the provisions of the vehicle code and those provisions of ORS chapter 153 relating to traffic offenses.
All circuit courts, municipal courts and justices of the peace have concurrent jurisdiction, within their respective city or county, of all violations of the provisions of the vehicle code rela…
For offenses described in this section, a court or judicial officer:
Shall make the owner or lessee of the vehicle a codefendant if appearance has not been made by the driver within 15 days of the date the driver was cited to appear in court.
May dismiss the charges against the driver if the court finds:
That the owner or lessee of the vehicle caused or p…
(Court-Related Offenses)
If a vehicle owner cited under ORS 810.425 to appear in a circuit or justice court upon an alleged parking offense fails to appear on or before the date and time stated on the citation, the court and the Department of Transportation may take such actions as are otherwise authorized by law under the Oregon Vehicle Code in the case of a failure to appear, exce…
Within the time required by this section of the conviction, every court with jurisdiction over the offenses described in this section shall forward to the Department of Transportation a record of the conviction of any person in such court for a violation of any of the following that regulate the operation of motor vehicles on highways or streets:
Offenses c…
The judge or clerk of every court of this state having jurisdiction of any traffic offense, including all local and municipal judicial officers in this state:
Shall keep a full record of every case in which a person is charged with any such offense.
Shall send the Department of Transportation an abstract of conviction for any person who is convicted.
Shal…
POLICE
(General Authority)
Any police officer attempting to enforce the traffic laws of this state shall be in uniform or shall conspicuously display an official identification card showing the officer’s lawful authority.
A police officer may arrest or issue a citation to a person for a traffic crime at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act as provided by ORS 133.235 and 133.310.
A police officer may issue a citation to a person for a traffic violation at any place within or outside …
Notwithstanding ORS 810.410, a police officer may not initiate a traffic violation stop for unlawful use or failure to use lights under ORS 811.520 or operation without required lighting equipment under ORS 816.330 if the offense is based on the following circumstances:
A headlight that is not in compliance with ORS 816.050 or 816.320, and the vehicle has a…
A law enforcement officer who comes to the scene of a collision described in ORS 811.700 may remove or direct the driver of a vehicle involved in the collision to remove from the roadway any vehicle, cargo or debris resulting from the collision. A person acting under the authority granted by this section is not liable for damage to a vehicle, cargo or debris…
When the speed of a vehicle has been checked by a speed measuring device, the driver of the vehicle may be stopped, detained and issued a citation by a police officer if the officer is in uniform and has either:
Observed the recording of the speed of the vehicle by the device; or
Probable cause to detain based upon a description of the vehicle or other inf…
In all prosecutions of the owner of a vehicle for violation of ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), of any parking regulations prescribed under ORS 276.002 or of an applicable ordinance, it shall be sufficient for a police officer to charge the defendant by an unsworn written notice if the notice clearly states:
The date, p…
A police officer who finds a vehicle parked or standing upon a highway in violation of ORS 811.555 or 811.570 may move the vehicle, cause it to be moved or require the driver or person in charge of the vehicle to move it. The authority to move vehicles under this section is in addition to any authority under ORS 819.110 and 819.120.
(Photo Red Light)
Any city may, at its own cost, operate cameras designed to photograph drivers who:
Violate ORS 811.265 by failing to obey a traffic control device; or
Violate the speed limit established in ORS 811.111 by 11 miles per hour or greater or violate the designated speed posted under ORS 810.180 by 11 miles per hour or greater.
Cameras operated under this secti…
Except as provided in subsection (2) of this section, photographs taken under ORS 810.434 may be submitted into evidence in a criminal trial, grand jury proceeding or other criminal proceeding for the purpose of proving or disproving a felony or a Class A misdemeanor.
Photographs taken under ORS 810.434 may not be used in any criminal proceeding relating to…
Notwithstanding any other provision of law, if a city chooses to operate a camera that complies with this section and ORS 810.434, a citation for violation of ORS 811.265 may be issued on the basis of photographs from a camera taken without the presence of a police officer if the following conditions are met:
Signs are posted, so far as is practicable, on a…
Notwithstanding any other provision of law, if a city chooses to operate cameras that comply with this section and ORS 810.434, a citation for speeding may be issued on the basis of photographs from a camera and other technology, including but not limited to sensors, that measure the speed of a vehicle without the presence of a police officer if the followin…
A city at its own cost may operate photo radar.
A photo radar system operated under this section:
May be used on streets in residential areas or school zones.
May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas.
May not be used on controlled access highways.…
The Department of Transportation may operate photo radar within a highway work zone that is located on a state highway. The photo radar unit may be operated only:
In the area within a highway work zone when highway workers, as defined in ORS 811.230, are present. The photo radar unit may not be operated in a location more than 100 yards from where highway w…
Notwithstanding any other provision of law, when a jurisdiction or the Oregon State Police uses photo radar in a highway work zone:
A citation for speeding may be issued on the basis of photo radar if the following conditions are met:
The photo radar unit is operated by a uniformed police officer.
The photo radar unit is operated out of a marked police ve…
Notwithstanding any other provision of law, in a city operating a photo radar system under ORS 810.438:
A citation for speeding may be issued on the basis of photo radar if:
A sign that provides drivers with information about the driver’s current rate of speed is posted between 100 and 400 yards before the location of each photo radar unit;
A police offic…
(Security for Appearance)
A police officer may take security for the appearance of a person arrested for a traffic crime if it appears to the officer that the arrested person might fail to appear in response to a citation. Authority granted by this section is in addition to any authority to accept security under ORS 810.450. The authority of an officer to take security under this sec…
A police officer who issues a citation for violation of an offense described in this section may accept security for the appearance of the person cited. Authority granted by this section is in addition to any authority to accept security under ORS 810.448. The authority of an officer to take security under this section is subject to all of the following:
Th…
A police officer shall submit a report to the Department of Transportation whenever the officer does any of the following:
Investigates a vehicle accident which ORS 811.725 or 822.600 requires to be reported.
Prepares a report of an accident investigated at the time and place of the accident or by field interviews with the participants or witnesses.
A pol…
(Stops and Inspections)
A police officer, during normal business hours, may inspect the records, including electronic records, a vehicle dealer is required to keep under ORS 822.045 and vehicles included in the inventory or located on the premises of a dealer issued a certificate under ORS 822.020. The inspections shall be limited in scope to that necessary to determine compliance …
Any police officer may stop, measure and weigh any vehicle or combination of vehicles by means of either portable or stationary measures and scales, and having reason to believe that any vehicle or combination of vehicles, including any load thereon, is unlawful, or having reason to believe that the combined weight or loaded weight of the vehicle exceeds the…
A police officer may require the driver of a vehicle or combination of vehicles to stop the vehicle or combination and submit to tests by the officer as may be appropriate to determine if the vehicle or combination:
Is being driven or moved on any street or highway without having equipment required by the vehicle code or without the equipment in proper cond…
A state police officer may require a person driving a vehicle or combination of vehicles on a street or highway to stop and submit the vehicle or combination to an inspection of the mechanical condition and equipment thereof at any location where members of the Oregon State Police are conducting tests and inspections of vehicles and when signs are displayed …
A vehicle repair warning issued under ORS 810.510 shall:
Be in writing;
Require that the vehicle be placed in a safe condition and its equipment in proper repair and adjustment;
Specify the particulars with reference to condition, equipment, repair or adjustments required; and
Require that approval of the repair or adjustment be obtained within 15 days.
…
A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses:
Violation of maxi…
Game wardens and all other state law enforcement officers within their respective jurisdictions shall enforce the provisions relating to snowmobiles and all-terrain vehicles under ORS 821.190, 821.210, 821.220 and 821.240 to 821.290. The authority granted by this section to enforce laws relating to snowmobiles and all-terrain vehicles is in addition to any a…
When a regularly employed officer of a railroad commissioned to act as a police officer by the Governor under ORS 131.880 finds a vehicle parked or standing upon any railroad track or within seven and one-half feet of the nearest rail in violation of ORS 811.555, the person may move the vehicle, cause it to be moved or require the driver or person in charge …
Before an enforcement official may conduct inspections of commercial vehicles, drivers or cargoes for purposes of enforcing rules adopted under ORS 825.252 and 825.258, the official shall be trained and certified as a commercial vehicle inspector by the Department of Transportation.
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