Oregon Law
Law as of Jan 1, 2026
Chapter contents
811.005Duty to exercise due care 811.010[1983 c.338 §544; 1985 c.16 §279; 2003 c.278 §1; repealed by 2005 c.746 §4] 811.015Failure to obey traffic patrol member; penalty 811.017Failure to yield to traffic patrol member; penalty 811.020Passing stopped vehicle at crosswalk; penalty 811.025Failure to yield to pedestrian on sidewalk; penalty 811.028Failure to stop and remain stopped for pedestrian; penalty 811.030Driving through safety zone; penalty 811.035Failure to stop and remain stopped for pedestrian who has limited vision or is blind; penalty 811.040[1983 c.338 §550; 1985 c.16 §281; 2003 c.278 §4; repealed by 2005 c.746 §4] 811.045[1983 c.338 §551; 2003 c.278 §5; repealed by 2005 c.746 §4] 811.050Failure to yield to rider on bicycle lane; penalty 811.055Failure to yield to bicyclist on sidewalk; penalty 811.059Milkman Mike Act 811.060Vehicular assault; penalty 811.065Unsafe passing of person operating bicycle; penalty 811.100Violation of basic speed rule; penalty 811.105Speeds that are evidence of basic rule violation 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] 811.108Relationship between speed limits and basic rule 811.109Penalties for speed violations 811.110[1983 c.338 §565; 1987 c.887 §11; 1991 c.185 §9; 1995 c.383 §15; 2001 c.176 §6; 2003 c.402 §36; repealed by 2003 c.819 §§19,20] 811.111Violating a speed limit; penalty 811.112[1987 c.887 §4; 1995 c.383 §16; repealed by 2003 c.819 §19] 811.115[1983 c.338 §566; 1985 c.420 §8; 1987 c.887 §12; 1989 c.457 §1; 1989 c.992 §19; 1995 c.383 §17; 1999 c.359 §9; repealed by 2003 c.819 §19] 811.120[1983 c.338 §567; 1987 c.887 §13; 1995 c.383 §18; repealed by 2003 c.819 §19] 811.122[1989 c.592 §2; repealed by 1991 c.728 §6] 811.123[1991 c.728 §2; 1995 c.383 §19; 1995 c.558 §4; 1997 c.404 §6; 1997 c.438 §4; 2003 c.397 §8; repealed by 2003 c.819 §§19,21] 811.124Meaning of “children are present” in ORS 811.111 811.125Speed racing on highway; penalty 811.127Organizing a speed racing event; penalty 811.130Impeding traffic; penalty 811.135Careless driving; penalty 811.140Reckless driving; penalty 811.145Failure to yield to emergency vehicle or ambulance; penalty 811.147Failure to maintain safe distance from motor vehicle; penalty 811.150Interference with emergency vehicle or ambulance; exemptions; penalty 811.155Failure to stop for bus safety lights; exemptions; penalty 811.156School buses; stop arm cameras; citation based on cameras; response to citation 811.157Report by driver of violation of ORS 811.155; contents 811.158School buses; stop arm cameras; disbursement of moneys received from payment of fines 811.159Law enforcement agency response to report of violation of ORS 811.155 811.160Interference with rail fixed guideway public transportation system operation; penalty 811.165Failure to stop for passenger loading of public transit vehicle; penalty 811.167Failure to yield right of way to transit bus; rules; penalty 811.168Unlawful fender height modifications; penalty 811.170Violation of open container law; penalty 811.172Improperly disposing of human waste; penalty 811.175Violation driving while suspended or revoked; penalties 811.180Affirmative defenses 811.182Criminal driving while suspended or revoked; penalties 811.183Department of Transportation data; admission into evidence in prosecution 811.185[1983 c.338 §600; 1985 c.16 §306; repealed by 1991 c.208 §1] 811.190Operation with obstructing passenger; penalty 811.193Smoking, aerosolizing or vaporizing in motor vehicle when child is present; penalty 811.195Having passenger in trailer; penalty 811.200Carrying dog on external part of vehicle; penalty 811.205Carrying minor on external part of vehicle; penalty 811.207Legislative findings regarding restraint of children in motor vehicles 811.210Failure to properly use safety belts; penalty 811.215Exemptions from safety belt requirements 811.220Certificates of exemption from safety belt requirement 811.225Failure to maintain safety belts in working order; penalty 811.230Definitions; fine; notice 811.231Reckless endangerment of highway workers; penalties 811.232Refusing to obey flagger; penalty 811.233Failure to yield right of way to highway worker; penalty 811.235Fine for traffic offenses in school zones 811.250Law applicable to vehicles registered out of state 811.255Permitting unlawful operation of vehicle; penalty 811.260Appropriate driver responses to traffic control devices 811.265Driver failure to obey traffic control device; penalty 811.270Failure to obey one-way designation; penalty 811.275Failure to yield right of way at uncontrolled intersection; penalty 811.277Failure to yield right of way at uncontrolled T intersection; penalty 811.280Failure of driver entering roadway to yield right of way; penalty 811.285Failure of merging driver to yield right of way; penalty 811.290Obstructing cross traffic; penalty 811.292Failure to yield right of way within roundabout; exception; penalty 811.295Failure to drive on right; exceptions; penalty 811.300Failure to drive on right of approaching vehicle; exceptions; penalty 811.305Driving on left on curve or grade or at intersection or rail crossing; exceptions; penalty 811.310Crossing center line on two-way, four-lane road; exceptions; penalty 811.315Failure of slow driver to drive on right; exceptions; penalty 811.320Failure to drive to right on divided highway; exceptions; penalty 811.325Failure to keep camper, trailer or truck in right lane; exceptions; penalty 811.330Driving wrong way around traffic island; penalty 811.335Unlawful or unsignaled turn; penalty 811.340Improperly executed left turn; penalty 811.345Failure to use special left turn lane; penalty 811.346Misuse of special left turn lane; penalty 811.350Dangerous left turn; penalty 811.355Improperly executed right turn; penalty 811.360Vehicle turns permitted at stop light; proceeding against traffic control device; improperly proceeding at stop light; penalty 811.365Illegal U-turn; penalty 811.370Failure to drive within lane; exception; penalty 811.375Unlawful or unsignaled change of lane; penalty 811.380Improper use of center lane on three-lane road; penalty 811.385Depriving motorcycle or moped of full lane; penalty 811.390Unlawful use of lights to signal for passing; penalty 811.395Appropriate signals for stopping, turning, changing lanes and decelerating 811.400Failure to use appropriate signal for turn, lane change, stop or exit from roundabout; penalty 811.405Failure to signal with lights; exceptions; penalty 811.410Unsafe passing on left; penalty 811.415Unsafe passing on right; penalty 811.420Passing in no passing zone; exceptions; penalty 811.425Failure of slower driver to yield to overtaking vehicle; penalty 811.430Driving on highway divider; exceptions; penalty 811.435Operation of motor vehicle on bicycle trail; exemptions; penalty 811.440When motor vehicles may operate on bicycle lane 811.445Use of throughway when prohibited; penalty 811.450Violation of posted truck routes; defense; penalty 811.455Failure to stop for railroad signal; penalty 811.460Failure to follow rail crossing procedures for high-risk vehicles; application; penalty 811.462Failure of operator of commercial motor vehicle to slow down and check tracks; penalty 811.465Exemptions from high-risk vehicle rail crossing procedures 811.470Improper movement of heavy equipment across rail crossing; application; penalty 811.475Obstructing rail crossing; penalty 811.480Illegal backing; penalty 811.481[2015 c.1 §73; repealed by 2016 c.24 §76] 811.482Use of marijuana in motor vehicle; penalty 811.483Safety corridors; penalty 811.485Following too closely; penalty 811.490Improper opening or leaving open of vehicle door; penalty 811.492Engine braking; penalty; exception 811.495Unlawful coasting on downgrade; exception; penalty 811.500Unlawful stop or deceleration; penalty 811.505Failure to stop when emerging from alley, driveway or building; penalty 811.507Operating motor vehicle while using mobile electronic device; exceptions; penalty 811.508Distracted driving avoidance course; rules 811.510Dangerous operation around livestock; penalty 811.512Unlawfully operating low-speed vehicle on highway; penalty 811.513Unlawfully operating medium-speed electric vehicle on highway; penalty 811.514Unlawfully operating racing activity vehicle on highway; penalty 811.515When lights must be displayed; kind of light; number; direction; use on certain vehicles 811.520Unlawful use or failure to use lights; penalty 811.525Exemptions from requirements for use of lights 811.526Safety campaign for use of headlights 811.530Failure to post warnings for disabled vehicle; application; penalty 811.535Failing to obey police officer; penalty 811.540Fleeing or attempting to elude police officer; penalty 811.550Places where stopping, standing and parking prohibited 811.555Illegal stopping, standing or parking; affirmative defense; penalty 811.560Exemptions from prohibitions on stopping, standing or parking 811.562Parking in parking space with out-of-service meter 811.565Dangerous movement of stopped, standing or parked vehicle; penalty 811.570Improperly positioning parallel parked vehicle; exception; affirmative defense; penalty 811.575Violation of posted parking restrictions on state highways; affirmative defense; penalty 811.580Parking vehicle on state highway for vending purposes; penalty 811.585Failure to secure motor vehicle; affirmative defense; penalty 811.587Unlawful parking in space reserved for alternative fuel vehicle refueling; penalty 811.590Unlawful parking in winter recreation parking area; exemptions; penalty 811.595Winter recreation parking permit; rules; fees 811.600Fees for winter recreation parking permits 811.602Disabled person parking permit; content; rules 811.603Parking identification card without photograph; issuance; rules 811.604Application for disabled person parking permit 811.605Contents of individual placard or decal 811.606Parking permit for person with temporary disability 811.607Program placards; rules 811.608[1987 c.187 §10; repealed by 1989 c.243 §18] 811.609Family placards 811.610[1985 c.246 §2; repealed by 1991 c.741 §7] 811.611Foreign visitor placard 811.612Maintenance of privileges after relocation 811.613Wheelchair User placard; rules 811.615Unlawful parking in space reserved for persons with disabilities; exceptions; penalty 811.616Oregon Wounded Warrior placard; rules 811.617Blocking parking space reserved for persons with disabilities; penalty 811.620Removal of vehicle illegally parked in space reserved for persons with disabilities 811.625Unlawful use of disabled person parking permit; penalty 811.627Use of invalid disabled person parking permit; penalty 811.628Invalidation of disabled person parking permit 811.630Misuse of program placard; penalty 811.632Appointment of volunteers to issue citations 811.635Privileges granted by disabled person parking permit other than program placard 811.637Privileges granted by program placards 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] 811.700Failure to perform duties of driver when property is damaged; penalty 811.705Failure to perform duties of driver to injured persons; penalty 811.706Money damages resulting from violation of ORS 811.700 or 811.705 811.707Crime classification for violation of ORS 811.705 811.710Failure to perform duties of driver when animal is injured; penalty 811.715Failure to perform duties of witness to accident; penalty 811.717Failure to remove motor vehicle from roadway; penalty 811.720When collision must be reported to Department of Transportation 811.725Driver failure to report collision to Department of Transportation; penalty 811.730Owner failure to report collision to Department of Transportation; penalty 811.735Failure of vehicle occupant to make collision report to Department of Transportation; penalty 811.740False collision report; penalty 811.745When collision must be reported to police officer or law enforcement agency 811.747Definitions for ORS 811.748 and 811.750 811.748Driver failure to report collision to police officer or law enforcement agency; penalty 811.750Failure of vehicle occupant to make collision report to police officer or law enforcement agency; penalty 811.800Operation of funeral vehicles with improper lights; penalty 811.802Failure to yield right of way to funeral procession; penalty 811.804Intersection rules for funeral processions 811.806Exceeding maximum speed for funeral procession; penalty 811.808Exemption from speed limits for funeral escort vehicle 811.810Disrupting funeral procession; penalty 811.812Free passage for funeral procession vehicles

Chapter 811 — Rules of the Road for Drivers

ORS 811.193 Smoking, aerosolizing or vaporizing in motor vehicle when child is present; penalty

(1)(a)

A person commits the offense of smoking, aerosolizing or vaporizing in a motor vehicle if the person smokes or uses an inhalant delivery system in a motor vehicle while a person under 18 years of age is in the motor vehicle.

(b)

As used in this subsection:

(A)

“Smokes” means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance; and

(B)

“Uses an inhalant delivery system” means to use an inhalant delivery system, as defined in ORS 431A.175, in a manner that creates an aerosol or vapor.

(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, aerosolizing or vaporizing 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.

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.

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Provenance

Version history

2026-01-01

2025 Oregon Revised Statutes — official online source