Oregon Law
Law as of Jan 1, 2024
Chapter contents
810.010Jurisdiction over highways; exception 810.012Jurisdiction over access to facilities and services from certain roads; rules 810.020Regulating use of throughway 810.022Authorizing use of vehicles in parades 810.030Imposition of restrictions on highway use; grounds; procedure; penalties 810.040Designation of truck routes; limitations; penalties 810.050Increase or decrease in size or weight limits on highways if federal mandate allows or requires; rules 810.060Increase in weight or size if highway found capable of supporting increase; rules 810.070Use of golf carts on highways; rules 810.080Pedestrian traffic 810.090Bicycle racing 810.100Restriction of animal traffic to bridle paths 810.110Designation of through highways and stop intersections 810.120Designation of no passing zones 810.130One-way highways; safety zones; turns 810.140Designation of exclusive use lanes 810.150Drain construction; compliance with bicycle safety requirements; guidelines 810.160Controlling parking on highways; limitations 810.170Winter recreation parking locations; plowing; priorities; enforcement 810.180Designation of maximum speeds; rules 810.190[1983 c.338 §163; 1985 c.16 §52; repealed by 1993 c.742 §117] 810.200Uniform standards for traffic control devices; uniform system of marking and signing highways 810.210Placement and control of traffic control devices 810.212Requirements for certain speed limit signs 810.214Signs prohibiting unmuffled engine brakes 810.220Exemption from traffic control device specifications 810.230Unlawful sign display; exceptions; penalty 810.240Unlawful interference with traffic control device or railroad sign; penalty 810.243Operation of flashing light indicating children in school zone 810.245Signs giving notice of consequences of traffic offenses committed in school zones 810.247Signs giving notice of multilane roundabouts 810.250Use of traffic control device placement or legibility as evidence 810.260Standards for installation, operation and use of traffic control signal operating devices; rules 810.300Security for appearance on traffic crime 810.310Use of license as security deposit 810.320Use of guaranteed arrest bond certificate as security deposit 810.330Use of automobile membership card as security deposit 810.340Proceedings; jurisdiction of financial responsibility requirements and suspension 810.350Procedures for overloading and certain other violations 810.360[1983 c.338 §383; repealed by 1999 c.1051 §32] 810.365Failure to appear on certain parking offenses 810.370Court to forward traffic conviction records to department; exceptions 810.375Duties of judges or court clerks 810.380[1985 c.744 §3; 1987 c.730 §19; 1987 c.904 §2; repealed by 1987 c.905 §37] 810.400Uniform or badge required 810.410Arrest and citation 810.412Limitation on issuing citations for traffic offenses related to vehicle lighting 810.415Removal of vehicles, cargo or debris from roadway after collision 810.420Use of speed measuring device; citation; training 810.425Procedure in certain parking cases 810.430Movement of illegally parked vehicles 810.434Photo red light; operation; evaluation 810.435Use of photographs 810.436Citations based on photo red light; response to citation 810.437Citations for speeding based on photo red light; response to citation 810.438Photo radar 810.439Citations based on photo radar; response to citation 810.440[1983 c.338 §403; 1985 c.16 §213; 1999 c.1051 §290; renumbered 810.448 in 2013] 810.441Photo radar; highway work zones 810.442Citations based on photo radar in highway work zones; response to citation 810.443Photo radar; urban high crash corridors in City of Portland 810.444Citations based on photo radar in urban high crash corridors; response to citation 810.445Use of citation amounts in City of Portland 810.448Security for appearance of person arrested for traffic crime 810.450Security for appearance of person issued citation 810.460Officer’s accident report; use 810.470[1983 c.338 §407; 1993 c.224 §5; 1993 c.751 §64; 1997 c.678 §13; repealed by 2005 c.195 §3] 810.480Inspections involving vehicle dealers and dismantlers 810.490Weighing and measuring vehicles; citation; reduction of load 810.500Stopping and testing vehicles for equipment violations 810.510State police inspection for mechanical condition and equipment 810.520Vehicle repair warning 810.530Authority of weighmasters and motor carrier enforcement officers 810.540Enforcement of snowmobile and all-terrain vehicles violations by persons other than police officers 810.550Authority of railroad officers to move illegally parked vehicles 810.560Certification and training of commercial vehicle inspectors

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

ORS 810.444 Citations based on photo radar in urban high crash corridors; response to citation

(1)

Notwithstanding any other provision of law, in the jurisdiction operating a fixed photo radar system under ORS 810.443:

(a)

A citation for speeding may be issued on the basis of fixed photo radar if:

(A)

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 fixed photo radar unit; and

(B)

A police officer or a duly authorized traffic enforcement agent who has reviewed the photographic evidence of the conduct signs the citation.

(b)

A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation is issued and delivered as provided in subsection

(2)

of this section.

(c)

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

(d)

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

(2)

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

(3)(a)

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

driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.

(b)

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

(4)

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

(5)

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

(6)

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

(7)(a)

As used in this section, “duly authorized traffic enforcement agent” means an individual who:

(A)

Is employed, appointed and duly sworn in by the governing body of the incorporated city in which the agent performs the agent’s duties; and

(B)

Has completed all necessary technical, administrative and other training to review photographs and issue citations under this section.

(b)

Duly authorized traffic enforcement agents are not police officers.

Note: See note under 810.443.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.