811 · 811.320 failure to drive to right on divided high-way; exceptions; penalty 811.325 failure...

Chapter 8112007 EDITION

Rules of the Road for Drivers

DUTIES TO PEDESTRIANS AND BICYCLES

811.005 Duty to exercise due care811.015 Failure to obey traffic patrol member;

penalty811.017 Failure to yield to traffic patrol member;

penalty811.020 Passing stopped vehicle at crosswalk;

penalty811.025 Failure to yield to pedestrian on sidewalk;

penalty811.028 Failure to stop and remain stopped for

pedestrian; penalty811.030 Driving through safety zone; penalty811.035 Failure to stop and remain stopped for

pedestrian who is blind; penalty811.050 Failure to yield to rider on bicycle lane;

penalty811.055 Failure to yield to bicyclist on sidewalk;

penalty811.060 Vehicular assault of bicyclist or pedes-

trian; penalty811.065 Unsafe passing of person operating bicy-

cle; penalty

SPEED(Basic Rule)

811.100 Violation of basic speed rule; penalty811.105 Speeds that are evidence of basic rule vi-

olation811.106 Operation of flashing light indicating

children in school zone811.108 Relationship between speed limits and

basic rule

(Maximum Speeds)811.109 Penalties for speed violations811.111 Violating a speed limit; penalty811.124 Meaning of “children are present” in ORS

811.111

(Racing)811.125 Speed racing on highway; penalty811.127 Organizing a speed racing event; penalty

(Impeding Traffic)811.130 Impeding traffic; penalty

CARELESS AND RECKLESS DRIVING811.135 Careless driving; penalty811.140 Reckless driving; penalty

SPECIAL SAFETY MEASURES811.145 Failure to yield to emergency vehicle or

ambulance; penalty811.147 Failure to maintain safe distance from

emergency vehicle or ambulance; penalty

811.150 Interference with emergency vehicle orambulance; penalty

811.155 Failure to stop for bus safety lights; pen-alty

811.157 Report by driver of violation of ORS811.155; contents

811.159 Law enforcement agency response to re-port of violation of ORS 811.155

811.160 Interference with rail fixed guideway sys-tem operation; penalty

811.165 Failure to stop for passenger loading ofpublic transit vehicle; penalty

811.167 Failure to yield right of way to transitbus; rules; penalty

OPEN CONTAINER VIOLATIONS811.170 Violation of open container law; penalty

DISPOSING OF HUMAN WASTE811.172 Improperly disposing of human waste;

penalty

DRIVING WHILE SUSPENDED OR REVOKED

811.175 Violation driving while suspended or re-voked; penalties

811.180 Affirmative defenses811.182 Criminal driving while suspended or re-

voked; penalties

DRIVER OFFENSES INVOLVING PASSENGERS

811.190 Operation with obstructing passenger;penalty

811.195 Having passenger in trailer; penalty811.200 Carrying dog on external part of vehicle;

penalty811.205 Carrying minor on external part of vehi-

cle; penalty811.207 Legislative findings811.210 Failure to properly use safety belts; pen-

alty811.215 Exemptions from safety belt requirements811.220 Certificates of exemption from safety belt

requirement811.225 Failure to maintain safety belts in work-

ing order; penalty

HIGHWAY WORK ZONES811.230 Definitions; fine; notice811.231 Reckless endangerment of highway work-

ers; penalties811.232 Refusing to obey flagger; penalty811.233 Failure to yield right of way to highway

worker; penalty

SCHOOL ZONE PENALTIES811.235 Fine for traffic offenses in school zones

Title 59 (2007 Edition)

OREGON VEHICLE CODE

GENERAL DRIVING RULES(Generally)

811.250 Law applicable to vehicles registered outof state

811.255 Permitting unlawful operation of vehicle;penalty

(Traffic Control Devices)811.260 Appropriate driver responses to traffic

control devices811.265 Failure to obey traffic control device;

penalty811.270 Failure to obey one-way designation; pen-

alty

(Right of Way)811.275 Failure to yield right of way at uncon-

trolled intersection; penalty811.277 Failure to yield right of way at uncon-

trolled T intersection; penalty811.280 Failure of driver entering roadway to

yield right of way; penalty811.285 Failure of merging driver to yield right

of way; penalty811.290 Obstructing cross traffic; penalty811.292 Failure to yield right of way within

roundabout; exception; penalty

(Driving on the Right)811.295 Failure to drive on right; exceptions;

penalty811.300 Failure to drive on right of approaching

vehicle; exceptions; penalty811.305 Driving on left on curve or grade or at

intersection or rail crossing; exceptions;penalty

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

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

811.320 Failure to drive to right on divided high-way; exceptions; penalty

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

811.330 Driving wrong way around traffic island;penalty

(Turning)811.335 Unlawful or unsignaled turn; penalty811.340 Improperly executed left turn; penalty811.345 Failure to use special left turn lane; pen-

alty811.346 Misuse of special left turn lane; penalty811.350 Dangerous left turn; penalty811.355 Improperly executed right turn; penalty811.360 When vehicle turn permitted at stop light;

improper turn at stop light; penalty811.365 Illegal U-turn; penalty

(Lane Use)811.370 Failure to drive within lane; penalty811.375 Unlawful or unsignaled change of lane;

penalty811.380 Improper use of center lane on three-lane

road; penalty

811.385 Depriving motorcycle or moped of fulllane; penalty

(Signaling)811.390 Unlawful use of lights to signal for pass-

ing; penalty811.395 Appropriate signals for stopping, turning,

changing lanes and decelerating811.400 Failure to use appropriate signal for turn,

lane change, stop or exit fromroundabout; penalty

811.405 Failure to signal with lights; exceptions;penalty

(Passing)811.410 Unsafe passing on left; penalty811.415 Unsafe passing on right; penalty811.420 Passing in no passing zone; exceptions;

penalty811.425 Failure of slower driver to yield to over-

taking vehicle; penalty

(Prohibited Places)811.430 Driving on highway divider; exceptions;

penalty811.435 Operation of motor vehicle on bicycle

trail; exemptions; penalty811.440 When motor vehicles may operate on bi-

cycle lane811.445 Use of throughway when prohibited; pen-

alty811.450 Violation of posted truck routes; defense;

penalty

(Rail Crossings)811.455 Failure to stop for railroad signal; penalty811.460 Failure to follow rail crossing procedures

for high-risk vehicles; application; penalty811.462 Failure of operator of commercial motor

vehicle to slow down and check tracks;penalty

811.465 Exemptions from high-risk vehicle railcrossing procedures

811.470 Improper movement of heavy equipmentacross rail crossing; application; penalty

811.475 Obstructing rail crossing; penalty

(Miscellaneous)811.480 Illegal backing; penalty811.483 Safety corridors; penalty811.485 Following too closely; penalty811.490 Improper opening or leaving open of ve-

hicle door; penalty811.492 Engine braking; penalty; exception811.495 Unlawful coasting on downgrade; excep-

tion; penalty811.500 Unlawful stop or deceleration; penalty811.505 Failure to stop when emerging from alley,

driveway or building; penalty811.507 Operating motor vehicle while using mo-

bile communication device; penalty811.510 Dangerous operation around livestock;

penalty811.512 Unlawfully operating low-speed vehicle on

highway; penalty811.514 Unlawfully operating racing activity vehi-

cle on highway; penalty


RULES OF THE ROAD FOR DRIVERS

USE OF LIGHTS AND WARNINGS(Lights)

811.515 When lights must be displayed; kind oflight; number; direction; use on certainvehicles

811.520 Unlawful use or failure to use lights;penalty

811.525 Exemptions from requirements for use oflights

811.526 Safety campaign for use of headlights

(Flares)811.530 Failure to post warnings for disabled ve-

hicle; application; penalty

OBEYING POLICE811.535 Failing to obey police officer; penalty811.540 Fleeing or attempting to elude police offi-

cer; penalty

PARKING, STOPPING AND STANDING(Generally)

811.550 Places where stopping, standing andparking prohibited

811.555 Illegal stopping, standing or parking; af-firmative defense; penalty

811.560 Exemptions from prohibitions on stopping,standing and parking

811.565 Dangerous movement of stopped, standingor parked vehicle; penalty

811.570 Improperly positioning parallel parked ve-hicle; exception; affirmative defense; pen-alty

811.575 Violation of posted parking restrictionson state highways; affirmative defense;penalty

811.580 Parking vehicle on state highway forvending purposes; penalty

811.585 Failure to secure motor vehicle; affirma-tive defense; penalty

(Winter Recreation Parking Areas)811.590 Unlawful parking in winter recreation

parking area; exemptions; penalty811.595 Winter recreation parking permit; rules;

fees811.600 Fees for winter recreation parking per-

mits

(Parking for Persons With Disabilities)811.602 Disabled person parking permit; content;

rules811.603 Identification card without photograph;

issuance; rules811.604 Application for disabled person parking

permit811.605 Contents of individual placard or decal811.606 Parking permit for person with temporary

disability811.607 Program placards; rules811.609 Family placards

811.611 Foreign visitor placard811.612 Maintenance of privileges after relocation811.613 Wheelchair User placard; rules811.615 Unlawful parking in space reserved for

persons with disabilities; exceptions; pen-alty

811.617 Blocking parking space reserved for per-sons with disabilities; penalty

811.620 Removal of vehicle illegally parked inspace reserved for persons with disabili-ties

811.625 Unlawful use of disabled person parkingpermit; penalty

811.627 Use of invalid disabled person parkingpermit; penalty

811.630 Misuse of program placard; penalty811.632 Appointment of volunteers to issue cita-

tions811.635 Privileges granted by disabled person

parking permit other than program plac-ard

811.637 Privileges granted by program placards

ACCIDENTS(Duties)

811.700 Failure to perform duties of driver whenproperty is damaged; penalty

811.705 Failure to perform duties of driver to in-jured persons; penalty

811.706 Money damages resulting from violationof ORS 811.700 or 811.705

811.707 Crime classification for violation of ORS811.705

811.710 Failure to perform duties of driver whenanimal is injured; penalty

811.715 Failure to perform duties of witness toaccident; penalty

811.717 Failure to remove motor vehicle fromhighway; penalty

(Reports)811.720 When accident must be reported811.725 Driver failure to report accident; penalty811.730 Owner failure to report accident; penalty811.735 Failure of vehicle occupant to make acci-

dent report; penalty811.740 False accident report; penalty

FUNERAL PROCESSIONS811.800 Operation of funeral vehicles with im-

proper lights; penalty811.802 Failure to yield right of way to funeral

procession; penalty811.804 Intersection rules for funeral processions811.806 Exceeding maximum speed for funeral

procession; penalty811.808 Exemption from speed limits for funeral

escort vehicle811.810 Disrupting funeral procession; penalty811.812 Free passage for funeral procession vehi-

cles


OREGON VEHICLE CODE


RULES OF THE ROAD FOR DRIVERS 811.028

DUTIES TO PEDESTRIANS AND BICYCLES

811.005 Duty to exercise due care.None of the provisions of the vehicle coderelieve a pedestrian from the duty to exercisedue care or relieve a driver from the duty toexercise 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 patrolmember; penalty. (1) The driver of a vehi-cle commits the offense of failure to obey atraffic patrol member if:

(a) A traffic patrol member makes a cau-tionary sign or signal to indicate that stu-dents have entered or are about to enter thecrosswalk under the traffic patrol member′sdirection; and

(b) The driver does not stop and remainstopped for students who are in or enteringthe crosswalk from either direction on thestreet on which the driver is operating.

(2) Traffic patrol members described inthis section are those provided under ORS339.650 to 339.665.

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

811.017 Failure to yield to traffic pa-trol member; penalty. (1) The driver of avehicle commits the offense of failure toyield to a traffic patrol member if the driverfails to stop and yield the right of way to atraffic patrol member who:

(a) Has entered a crosswalk for the pur-pose of directing students who have enteredor are about to enter the crosswalk; and

(b) Is carrying a flag or wearing some-thing that identifies the person as a trafficpatrol member.

(2) For purposes of this section, “trafficpatrol” has the meaning given that term inORS 339.650.

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

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

(a) Approaches from the rear another ve-hicle that is stopped at a marked or an un-marked crosswalk at an intersection topermit a pedestrian to cross the roadway;and

(b) Overtakes and passes the stopped ve-hicle.

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

811.025 Failure to yield to pedestrianon sidewalk; penalty. (1) The driver of avehicle commits the offense of failure toyield to a pedestrian on a sidewalk if thedriver does not yield the right of way to anypedestrian 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 remainstopped for pedestrian; penalty. (1) Thedriver of a vehicle commits the offense offailure to stop and remain stopped for a pe-destrian if the driver does not stop and re-main stopped for a pedestrian when thepedestrian is:

(a) Proceeding in accordance with a traf-fic control device as provided under ORS814.010 or crossing the roadway in a cross-walk, as defined in ORS 801.220; and

(b) In any of the following locations:(A) In the lane in which the driver′s ve-

hicle 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 thedriver is making a turn at an intersectionthat does not have a traffic control deviceunder which a pedestrian may proceed asprovided under ORS 814.010; or

(E) Less than six feet from the lane intowhich the driver′s vehicle is turning, if thedriver is making a turn at an intersectionthat has a traffic control device under whicha pedestrian may proceed as provided underORS 814.010.

(2) For the purpose of this section, a bi-cycle lane or the part of a roadway where avehicle stops, stands or parks that is adja-cent to a lane of travel is considered to bepart of that adjacent lane of travel.

(3) This section does not require a driverto stop and remain stopped for a pedestrianunder any of the following circumstances:

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

(b) Where a pedestrian tunnel or over-head crossing has been provided at or neara crosswalk.

(4) The offense described in this section,failure to stop and remain stopped for a pe-


811.030 OREGON VEHICLE CODE

destrian, is a Class B traffic violation. [2005c.746 §2]

Note: 811.028 was added to and made a part of theOregon Vehicle Code by legislative action but was notadded to ORS chapter 811 or any series therein. SeePreface to Oregon Revised Statutes for further explana-tion.

811.030 Driving through safety zone;penalty. (1) The driver of a vehicle commitsthe offense of driving through a safety zoneif the driver at any time drives through orwithin any area or space officially set apartwithin a roadway for the exclusive use ofpedestrians and which is protected or is somarked or indicated by adequate signs as tobe plainly visible at all times while set apartas a safety zone.

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

811.035 Failure to stop and remainstopped for pedestrian who is blind; pen-alty. (1) The driver of a vehicle commits theoffense of failure to stop and remain stoppedfor a pedestrian who is blind if the driverviolates any of the following:

(a) A driver approaching a pedestrianwho is blind or blind and deaf, who is carry-ing a white cane or accompanied by a dogguide, and who is crossing or about to crossa roadway, shall stop and remain stoppeduntil the pedestrian has crossed the roadway.

(b) Where the movement of vehiculartraffic is regulated by traffic control devices,a driver approaching a pedestrian who isblind or blind and deaf shall stop and remainstopped until the pedestrian has vacated theroadway if the pedestrian has entered theroadway and is carrying a white cane or isaccompanied by a dog guide. This paragraphapplies notwithstanding any other provisionsof the vehicle code relating to traffic controldevices.

(2) This section is subject to the pro-visions and definitions relating to the rightsof pedestrians who are blind or blind anddeaf under ORS 814.110.

(3) The offense described in this section,failure to stop and remain stopped for a pe-destrian who is blind, is a Class B traffic vi-olation. [1983 c.338 §549; 1985 c.16 §280; 2003 c.278 §3;2007 c.70 §329]

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 by2005 c.746 §4]

811.050 Failure to yield to rider on bi-cycle lane; penalty. (1) A person commitsthe offense of failure of a motor vehicle op-erator to yield to a rider on a bicycle lane ifthe person is operating a motor vehicle andthe person does not yield the right of way toa person operating a bicycle, electric assisted

bicycle, electric personal assistive mobilitydevice, moped, motor assisted scooter or mo-torized wheelchair upon a bicycle lane.

(2) This section does not require a personoperating a moped to yield the right of wayto a bicycle or a motor assisted scooter if themoped is operated on a bicycle lane in themanner permitted under ORS 811.440.

(3) The offense described in this section,failure of a motor vehicle operator to yieldto a rider on a bicycle lane, is a Class Btraffic 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 onsidewalk; penalty. (1) The driver of a motorvehicle commits the offense of failure toyield the right of way to a bicyclist on asidewalk if the driver does not yield the rightof way to any bicyclist on a sidewalk.

(2) The driver of a motor vehicle is notin violation of this section when a bicyclistis operating in violation of ORS 814.410.Nothing in this subsection relieves the driverof a motor vehicle from the duty to exercisedue care.

(3) The offense described in this section,failure to yield the right of way to a bicycliston 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 bicyclistor pedestrian; penalty. (1) For the purposesof this section, “recklessly” has the meaninggiven that term in ORS 161.085.

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

(a) The person recklessly operates a ve-hicle upon a highway in a manner that re-sults in contact between the person′s vehicleand a bicycle operated by a person, a personoperating a bicycle or a pedestrian; and

(b) The contact causes physical injury tothe person operating a bicycle or the pedes-trian.

(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 op-erating bicycle; penalty. (1) A driver of amotor vehicle commits the offense of unsafepassing of a person operating a bicycle if thedriver violates any of the following require-ments:

(a) The driver of a motor vehicle mayonly pass a person operating a bicycle bydriving to the left of the bicycle at a safedistance and returning to the lane of travelonce the motor vehicle is safely clear of theovertaken bicycle. For the purposes of thisparagraph, a “safe distance” means a dis-tance that is sufficient to prevent contactwith the person operating the bicycle if the



person were to fall into the driver′s lane oftraffic. This paragraph does not apply to adriver operating a motor vehicle:

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

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

(C) When the driver is passing a personoperating a bicycle on the person′s right sideand the person operating the bicycle is turn-ing left.

(b) The driver of a motor vehicle maydrive to the left of the center of a roadwayto pass a person operating a bicycle proceed-ing in the same direction only if the roadwayto the left of the center is unobstructed fora sufficient distance to permit the driver topass the person operating the bicycle safelyand avoid interference with oncoming traffic.This paragraph does not authorize driving onthe left side of the center of a roadway whenprohibited under ORS 811.295, 811.300 or811.310 to 811.325.

(c) The driver of a motor vehicle thatpasses a person operating a bicycle shall re-turn to an authorized lane of traffic as soonas practicable.

(2) Passing a person operating a bicyclein a no passing zone in violation of ORS811.420 constitutes prima facie evidence ofcommission of the offense described in thissection, unsafe passing of a person operatinga bicycle, if the passing results in injury toor the death of the person operating the bi-cycle.

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


SPEED(Basic Rule)

811.100 Violation of basic speed rule;penalty. (1) A person commits the offense ofviolating the basic speed rule if the persondrives a vehicle upon a highway at a speedgreater than is reasonable and prudent, hav-ing 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 de-scribed in this section:

(a) The offense is as applicable on an al-ley as on any other highway.

(b) Speeds that are prima facie evidenceof violation of this section are established byORS 811.105.

(c) This section and ORS 811.105 estab-lish limitation on speeds that are in additionto speed limits established in ORS 811.111.

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

(4) The offense described in this section,violating the basic speed rule, is a Class Btraffic violation if the person drives a vehicleupon a highway at a speed that is not rea-sonable and prudent under the circumstancesdescribed in subsection (1) of this sectioneven though the speed is lower than the ap-propriate speed specified in ORS 811.105 asprima facie evidence of violation of the basicspeed 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 ofbasic rule violation. (1) Any speed in excessof a designated speed posted by authoritygranted under ORS 810.180 is prima facieevidence of violation of the basic speed ruleunder ORS 811.100.

(2) If no designated speed is posted byauthority granted under ORS 810.180, anyspeed in excess of one of the following speedsis prima facie evidence of violation of thebasic speed rule:

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

(b) Twenty miles per hour in a businessdistrict.

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

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

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

(B) The highway is neither an arterialnor a collector highway.

(e) Fifty-five miles per hour in locationsnot otherwise described in this section. [1983c.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 Operation of flashing light in-dicating children in school zone. A flash-ing light used as a traffic control device toindicate that children may be arriving at orleaving school that is operated to give noticeunder ORS 811.111 or 811.235 may be oper-



ated only at times when children are sched-uled to arrive at or leave the school. [1995c.558 §2; 1997 c.682 §4; 2003 c.397 §7; 2003 c.819 §§7,7a,7b]

811.108 Relationship between speedlimits and basic rule. (1) The speed limitsestablished by ORS 811.111 do not authorizespeeds higher than those required for com-pliance with the basic speed rule.

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

(Maximum Speeds)811.109 Penalties for speed violations.

(1) Violation of a specific speed limit imposedunder law or of a posted speed limit is pun-ishable as follows:

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

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

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

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

(2) Notwithstanding subsection (1) of thissection, if the speed limit is 65 miles perhour or greater and:

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

(b) The person is exceeding the speedlimit by more than 10 miles per hour but notmore than 20 miles per hour, the offense isa Class B traffic violation.

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

(3) Violation of the basic speed rule byexceeding a designated speed posted underORS 810.180 is punishable as follows:

(a) One to 10 miles per hour in excess ofthe designated speed is a Class D traffic vio-lation.

(b) 11 to 20 miles per hour in excess ofthe designated speed is a Class C traffic vio-lation.

(c) 21 to 30 miles per hour in excess ofthe designated speed is a Class B traffic vio-lation.

(d) Over 30 miles per hour in excess ofthe designated speed is a Class A traffic vio-lation.

(4) In addition to a fine imposed undersubsection (1), (2) or (3) of this section, acourt may impose a suspension of drivingprivileges for up to 30 days if a person ex-ceeds a speed limit or designated speed by

more than 30 miles per hour and the personhas received at least one prior convictionunder ORS 811.100 or 811.111 within 12months of the date of the current offense.

(5) If a person drives 100 miles per houror greater when the person commits a vio-lation described in this section, a court shallimpose the following in lieu of a punishmentotherwise imposed under this section:

(a) A fine of $1,000; and(b) A suspension of driving privileges for

not less than 30 days nor more than 90 days.(6) When a court imposes a suspension

under subsection (4) or (5) of this section, thecourt shall prepare and send to the Depart-ment of Transportation an order of suspen-sion of driving privileges of the person. Uponreceipt of an order under this subsection, thedepartment shall take action as directed un-der ORS 809.280. [1995 c.383 §14; 2003 c.819 §17; 2005c.491 §1]

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; repealedby 2003 c.819 §§19,20]

811.111 Violating a speed limit; pen-alty. (1) A person commits the offense of vi-olating a speed limit if the person:

(a) Drives a vehicle on an interstatehighway at a speed greater than 65 miles perhour or, if a different speed is posted underORS 810.180 (3), at a speed greater than theposted speed.

(b) Notwithstanding paragraph (a) of thissubsection, drives any of the following vehi-cles at a speed greater than 55 miles perhour on any highway or, if a different speedis posted under ORS 810.180 (3), at a speedgreater than the posted speed:

(A) A motor truck with a gross vehicleweight rating of more than 10,000 pounds ora truck tractor with a gross vehicle weightrating 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 chil-

dren to and from church or an activity orfunction authorized by a church.

(F) Any vehicle used in the transporta-tion of persons for hire by a nonprofit entityas provided in ORS 825.017 (9).

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

(A) Any designated speed for oceanshores that is established and posted underORS 810.180.

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



(d) Drives a vehicle upon a highway inany city at a speed greater than a speedposted by authority granted under ORS810.180 or, if no speed is posted, the follow-ing:

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

(B) Twenty miles per hour in a businessdistrict.

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

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

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

(F) Fifty-five miles per hour in locationsnot otherwise described in this paragraph.

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

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

(i) The school zone has a flashing lightused as a traffic control device and operatedunder ORS 811.106 and the flashing light in-dicates that children may be arriving at orleaving school; or

(ii) If the school zone does not have aflashing light used as a traffic control device,the person drives in the school zone between7 a.m. and 5 p.m. on a day when school is insession.

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

(i) A flashing light used as a traffic con-trol device and operated under ORS 811.106indicates that children may be arriving at orleaving school; or

(ii) Children are present, as described inORS 811.124.

(2) The offense described in this section,violating a speed limit, is punishable as pro-vided 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 by2003 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 by2003 c.819 §§19,21]

811.124 Meaning of “children are pres-ent” in ORS 811.111. For purposes of ORS811.111, children are present at any time andon any day when:

(1) Children are:(a) Occupying or walking within a cross-

walk described in ORS 801.462 (1)(b); or(b) Waiting on the curb or shoulder of

the highway at a crosswalk described in ORS801.462 (1)(b); or

(2) A traffic patrol member provided un-der ORS 339.650 to 339.665 is present to as-sist children at a crosswalk described in ORS801.462 (1)(b). [1997 c.438 §2; 2003 c.397 §5; 2003 c.819§§9,9a,9b]

(Racing)811.125 Speed racing on highway; pen-

alty. (1) A person commits the offense ofspeed racing on a highway if, on a highwayin this state, the person drives a vehicle orparticipates in any manner in any of the fol-lowing 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 acceler-

ation.(e) The making of a speed record.(f) A race. For purposes of this para-

graph, racing is the use of one or more ve-hicles in an attempt to outgain, outdistanceor prevent another vehicle from passing, toarrive at a given destination ahead of an-other vehicle or vehicles or to test the phys-ical stamina or endurance of drivers overlong distance driving routes.

(g) A drag race. For purposes of thisparagraph, drag racing is the operation oftwo or more vehicles from a point side byside at accelerating speeds in a competitiveattempt to outdistance each other, or theoperation of one or more vehicles over acommon selected course, from the same pointto the same point for the purpose of compar-ing the relative speeds or power of acceler-ation of the vehicle or vehicles within acertain distance or time limit.

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

811.127 Organizing a speed racingevent; penalty. (1) Except as provided insubsection (3) of this section, a person com-mits the offense of organizing a speed racingevent if the person in any manner organizesa speed racing event.

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

(a) Is preplanned and coordinated and in-volves two or more vehicles;



(b) Includes any of the activities de-scribed in ORS 811.125 (1); and

(c) Takes place on a highway.(3) A person who organizes a speed rac-

ing event is not in violation of this sectionif the person has a permit from the road au-thority for the highway on which the eventtakes place.

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

(Impeding Traffic)811.130 Impeding traffic; penalty. (1)

A person commits the offense of impedingtraffic if the person drives a motor vehicleor a combination of motor vehicles in amanner that impedes or blocks the normaland reasonable movement of traffic.

(2) A person is not in violation of the of-fense described under this section if the per-son is proceeding in a manner needed forsafe operation.

(3) Proceeding in a manner needed forsafe operation includes but is not necessarilylimited to:

(a) Momentarily stopping to allowoncoming traffic to pass before making aright-hand or left-hand turn.

(b) Momentarily stopping in preparationof, or moving at an extremely slow pacewhile, negotiating an exit from the road.

(4) A person is not in violation of the of-fense described under this section if the per-son is proceeding as part of a funeralprocession under the direction of a funeralescort vehicle or a funeral lead vehicle.

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

CARELESS AND RECKLESS DRIVING811.135 Careless driving; penalty. (1) A

person commits the offense of careless driv-ing if the person drives any vehicle upon ahighway or other premises described in thissection in a manner that endangers or wouldbe likely to endanger any person or property.

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

(3) In addition to any other penalty im-posed for an offense committed under thissection, if the court determines that the

commission of the offense described in thissection contributed to the serious physicalinjury or death of a vulnerable user of apublic way, the court shall:

(a) Impose a sentence that requires theperson to:

(A) Complete a traffic safety course; and(B) Perform between 100 and 200 hours

of community service, notwithstanding ORS137.129. The community service must includeactivities related to driver improvement andproviding public education on traffic safety;

(b) Impose, but suspend on the conditionthat the person complete the requirementsof paragraph (a) of this subsection:

(A) A fine of up to $12,500, notwith-standing ORS 153.018; and

(B) A suspension of driving privileges asprovided in ORS 809.280; and

(c) Set a hearing date up to one yearfrom 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 com-pleted the requirements described in subsec-tion (3)(a) of this section, dismiss thepenalties imposed under subsection (3)(b) ofthis section; or

(b) If the person has not successfullycompleted the requirements described insubsection (3)(a) of this section:

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

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

(5) When a court imposes a suspensionunder subsection (4) of this section, the courtshall prepare and send to the Department ofTransportation an order of suspension ofdriving privileges of the person. Upon receiptof an order under this subsection, the de-partment shall take action as directed underORS 809.280.

(6) The police officer issuing the citationfor an offense under this section shall noteon the citation if the cited offense contrib-uted to the serious physical injury or deathof a vulnerable user of a public way. [1983c.338 §570; 1995 c.383 §20; 2007 c.784 §3]

811.140 Reckless driving; penalty. (1)A person commits the offense of recklessdriving if the person recklessly drives a ve-hicle upon a highway or other premises de-scribed in this section in a manner thatendangers the safety of persons or property.

(2) The use of the term “recklessly” inthis 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 tothe public. [1983 c.338 §571]

SPECIAL SAFETY MEASURES811.145 Failure to yield to emergency

vehicle or ambulance; penalty. (1) A per-son commits the offense of failure to yield toan emergency vehicle or ambulance if anambulance or emergency vehicle that is us-ing a visual or audible signal in a mannerdescribed under ORS 820.300 and 820.320 ap-proaches the vehicle the person is operatingand the person does not do all of the follow-ing:

(a) Yield the right of way to the ambu-lance or emergency vehicle.

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

(c) Stop and remain in such position untilthe emergency vehicle or ambulance haspassed.

(2) A person is not in violation of thissection if the person is acting as otherwisedirected by a police officer.

(3) This section does not relieve thedriver of an emergency vehicle or ambulancefrom the duty to drive with due regard forthe safety of all persons using the highway,nor does this section protect the driver ofany such vehicle from the consequence of anarbitrary exercise of the right of way grantedunder this section.

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

811.147 Failure to maintain safe dis-tance from emergency vehicle or ambu-lance; penalty. (1) A person operating amotor vehicle commits the offense of failureto maintain a safe distance from an emer-gency vehicle or ambulance if the person ap-proaches an emergency vehicle or ambulancethat is stopped and is displaying requiredwarning lights and the person:

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

(A) Make a lane change to a lane notadjacent to that of the emergency vehicle orambulance; or

(B) Reduce the speed of the motor vehi-cle, if making a lane change is unsafe.

(b) On a two directional, two-lane high-way, fails to reduce the speed of the motorvehicle.

(2) The offense described in this section,failure to maintain a safe distance from an

emergency vehicle or ambulance, is a ClassB traffic violation. [2003 c.42 §2]


811.150 Interference with emergencyvehicle or ambulance; penalty. (1) A per-son commits the offense of interference withan emergency vehicle or ambulance if theperson does any of the following:

(a) Drives a vehicle following at a dis-tance closer than 500 feet any emergencyvehicle or ambulance that is traveling in re-sponse to a fire alarm or emergency.

(b) Drives or parks a vehicle in a mannerthat interferes with the emergency vehicleor ambulance responding to a fire alarm oremergency.

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

(2) The following exemptions apply tothis section:

(a) Nothing in this section prohibits adriver of an emergency vehicle or ambulancefrom following within 500 feet of an emer-gency vehicle or ambulance traveling in re-sponse to a fire alarm or emergency or fromdriving into or parking a vehicle in the areaor vicinity where such vehicles have stoppedin response to an alarm or emergency.

(b) Nothing in this section prevents anyperson from driving over an unprotected hoseof a fire department if the person first ob-tains the permission of a fire department of-ficial or police officer at the scene of thefire, alarm of fire or emergency.

(3) The offense described in this section,interference with an emergency vehicle orambulance, 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 safetylights; penalty. (1) A driver commits the of-fense of failure to stop for bus safety lightsif the driver meets or overtakes from eitherdirection any vehicle that is stopped on aroadway and that is operating red bus safetylights described under ORS 816.260 and thedriver 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 de-

scribed in this section:(a) The offense described in this section

does not apply if the vehicle operating thebus safety lights is not permitted under ORS



816.350 and 816.360 to operate red bus safetylights.

(b) A driver need not comply with thissection if the vehicle operating red bussafety lights is stopped on a differentroadway.

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

811.157 Report by driver of violationof ORS 811.155; contents. (1) The driver ofa school bus, worker transport bus or a busissued a permit under ORS 818.260 may re-port a violation of ORS 811.155 to the locallaw enforcement agency having jurisdictionover the area where the violation is allegedto have occurred.

(2) A report under subsection (1) of thissection shall be made within 72 hours of thealleged violation and shall contain:

(a) The date and time of day of the al-leged violation;

(b) The name of the street on which thebus was traveling at the time of the allegedviolation and either the approximate addressor the name of the closest intersectingstreet;

(c) The direction in which the bus wastraveling and the direction in which the ve-hicle alleged to have committed the violationwas traveling;

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

(e) The following information about thevehicle alleged to have committed the vio-lation:

(A) Number and state of issuance of theregistration plate; and

(B) Whether the vehicle is a sedan, sta-tion wagon, van, truck, bus, motorcycle orother type of vehicle.

(3) In addition to the information re-quired by subsection (2) of this section, thereport may contain any other identifying in-formation, including but not limited to colorof the vehicle, that the reporting bus driverhas about the vehicle or the driver of thevehicle alleged to have committed the vio-lation. [1987 c.654 §2]

811.159 Law enforcement agency re-sponse to report of violation of ORS811.155. Upon receipt of a report containingthe information required by ORS 811.157 (2),the law enforcement agency shall determinethe name and address of the registered ownerof the vehicle and shall send the registeredowner a letter informing the owner that thevehicle was observed violating ORS 811.155.The letter shall include, at a minimum, in-

formation from the report filed under ORS811.157 specifying the time and place of thealleged violation. [1987 c.654 §3]

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

(a) Drives any vehicle in front of a railfixed guideway system vehicle upon a trackand the person fails to remove the person′svehicle from the track as soon as practicableafter signal from the operator of the railfixed guideway system vehicle.

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

(c) Overtakes or passes upon the left anyrail fixed guideway system vehicle proceed-ing in the same direction whether actually inmotion or temporarily at rest. This para-graph does not apply on one-way streets oron streets where the tracks are so located asto prevent compliance.

(2) This section applies to any rail fixedguideway system vehicle that is any devicetraveling exclusively upon rails when uponor crossing a highway but does not apply tocars or trains propelled or moved by steamengine or by diesel engine.

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

811.165 Failure to stop for passengerloading of public transit vehicle; penalty.(1) A person commits the offense of failureto stop for passenger loading of a publictransit vehicle if the person is the driver ofa vehicle overtaking a public transit vehicledescribed in this section that is stopped orabout to stop for the purpose of receiving ordischarging any passenger and the persondoes not:

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

(b) Keep the vehicle stationary until allpassengers have boarded or alighted there-from and reached a place of safety.

(2) This section applies to the followingpublic 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 transitvehicle:



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

(b) At a speed not greater than is rea-sonable and proper and with due caution forthe safety of pedestrians when:

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

(B) Any area or space has been officiallyset apart within the roadway for the exclu-sive use of pedestrians and the area or spaceis so protected or marked or indicated byadequate signs as to be plainly visible at alltimes while set apart as a safety zone.

(4) The offense described in this section,failure to stop for passenger loading of publictransit 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 wayto transit bus; rules; penalty. (1) A personcommits the offense of failure to yield theright of way to a transit bus entering trafficif the person does not yield the right of wayto a transit bus when:

(a) A yield sign as described in subsec-tion (2) of this section is displayed on theback of the transit bus;

(b) The person is operating a vehicle thatis overtaking the transit bus from the rearof the transit bus; and

(c) The transit bus, after stopping to re-ceive or discharge passengers, is signaling anintention to enter the traffic lane occupiedby the person.

(2) The yield sign referred to in subsec-tion (1)(a) of this section shall warn a personoperating a motor vehicle approaching therear of a transit bus that the person mustyield when the transit bus is entering traffic.The yield sign shall be illuminated by aflashing light when the bus is signaling anintention to enter a traffic lane after stop-ping to receive or discharge passengers. TheOregon Transportation Commission shalladopt by rule the message on the yield sign,specifications for the size, shape, color, let-tering and illumination of the sign and spec-ifications for the placement of the sign on atransit bus.

(3) This section does not relieve a driverof a transit bus from the duty to drive withdue regard for the safety of all persons usingthe roadway.

(4) As used in this section, “transit bus”means a commercial bus operated by a city,a mass transit district established under ORS267.010 to 267.390 or a transportation districtestablished 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 vio-lation. [1997 c.509 §2]

OPEN CONTAINER VIOLATIONS811.170 Violation of open container

law; penalty. (1) A person commits the of-fense of violation of the open container lawin a motor vehicle if the person does any ofthe following:

(a) Drinks any alcoholic liquor in a mo-tor vehicle when the vehicle is upon a high-way.

(b) Possesses on one′s person, while in amotor vehicle upon a highway, any bottle,can or other receptacle containing any alco-holic liquor, which has been opened, or aseal broken, or the contents of which havebeen partially removed.

(c) Keeps in a motor vehicle when thevehicle is upon any highway, any bottle, canor other receptacle containing any alcoholicliquor, which has been opened, or a sealbroken, or the contents of which have beenpartially removed. The following apply tothis paragraph:

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

(B) This paragraph does not apply if thebottle, can or other receptacle is kept in thetrunk of the vehicle, or kept in some otherarea of the vehicle not normally occupied bythe driver or passengers if the vehicle is notequipped with a trunk.

(C) For purposes of this paragraph, autility compartment or glove compartment isconsidered within the area occupied by thedriver and passengers.

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

(2) The offense described in this sectiondoes not apply to passengers in a motor ve-hicle operated by a common carrier and usedprimarily to carry passengers for hire.

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

DISPOSING OF HUMAN WASTE811.172 Improperly disposing of hu-

man waste; penalty. (1) A person commitsthe offense of improperly disposing of humanwaste if the person is operating or riding ina motor vehicle and the person throws, putsor otherwise leaves a container of urine orother human waste on or beside the highway.

(2) The offense described in this section,improperly disposing of human waste, is a



misdemeanor and is punishable by a maxi-mum fine of $250. [1999 c.670 §2]

DRIVING WHILE SUSPENDED OR REVOKED

811.175 Violation driving while sus-pended or revoked; penalties. (1) A personcommits the offense of violation drivingwhile suspended or revoked if the persondoes any of the following:

(a) Drives a motor vehicle upon a high-way during a period when the person′s driv-ing privileges or right to apply for drivingprivileges have been suspended or revoked inthis state by a court or by the Departmentof Transportation.

(b) Drives a motor vehicle outside thelimitations of a probationary permit issuedunder ORS 807.270 or a hardship driver per-mit issued under ORS 807.240, including anylimitations placed on the permit under ORS813.510.

(c) Drives a commercial motor vehicleupon a highway during a period when theperson′s commercial driver license has beensuspended, regardless of whether or not theperson has other driving privileges grantedby this state.

(2) Affirmative defenses to the offensedescribed in this section are established un-der ORS 811.180.

(3) The offense described in this sectionis applicable upon any premises open to thepublic.

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

811.180 Affirmative defenses. The fol-lowing establishes affirmative defenses inprosecutions for driving while suspended orrevoked in violation of ORS 811.175 or811.182 and describes when the affirmativedefenses are not available:

(1) In addition to other defenses providedby law, including but not limited to ORS161.200, it is an affirmative defense to theoffenses described in ORS 811.175 and811.182 that:

(a) An injury or immediate threat of in-jury to a human being or animal, and theurgency of the circumstances made it neces-sary for the defendant to drive a motor vehi-cle at the time and place in question; or

(b) The defendant had not received noticeof the defendant′s suspension or revocationor been informed of the suspension or revo-cation by a trial judge who ordered a sus-

pension or revocation of the defendant′sdriving privileges or right to apply.

(2) The affirmative defenses described insubsection (1)(b) of this section are notavailable to a defendant under the circum-stances described in this subsection. Any ofthe evidence specified in this subsection maybe offered in the prosecution′s case in chief.This subsection applies if any of the follow-ing circumstances exist:

(a) The defendant refused to sign a re-ceipt for the certified mail containing thenotice of suspension or revocation.

(b) The notice of suspension or revoca-tion could not be delivered to the defendantbecause the defendant failed to comply withthe requirements under ORS 807.560 to no-tify the Department of Transportation of achange of address or residence.

(c) At a previous court appearance, thedefendant had been informed by a trial judgethat the judge was ordering a suspension orrevocation of the defendant′s driving privi-leges or right to apply.

(d) The defendant had actual knowledgeof the suspension or revocation by any meansprior to the time the defendant was stoppedon the current charge.

(e) The defendant was provided with no-tice 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; 1987c.801 §10; 1997 c.249 §229]

811.182 Criminal driving while sus-pended or revoked; penalties. (1) A personcommits the offense of criminal driving whilesuspended or revoked if the person violatesORS 811.175 and the suspension or revoca-tion is one described in this section, or if thehardship or probationary permit violated isbased upon a suspension or revocation de-scribed in subsection (3) or (4) of this sec-tion.

(2) Affirmative defenses to the offensedescribed in this section are established un-der 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 re-vocation resulted from any degree of murder,manslaughter, criminally negligent homicideor assault resulting from the operation of amotor vehicle, if the suspension or revoca-tion resulted from aggravated vehicularhomicide or if the revocation resulted froma conviction for felony driving while underthe influence of intoxicants.

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



(a) A suspension under ORS 809.411 (2)resulting from commission by the driver ofany degree of recklessly endangering anotherperson, menacing or criminal mischief, re-sulting from the operation of a motor vehi-cle.

(b) A revocation under ORS 809.409 (4)resulting from perjury or the making of afalse affidavit to the Department of Trans-portation.

(c) A suspension under ORS 813.410 re-sulting from refusal to take a test prescribedin ORS 813.100 or for taking a breath orblood test the result of which discloses ablood alcohol content of:

(A) 0.08 percent or more by weight if theperson was not driving a commercial motorvehicle;

(B) 0.04 percent or more by weight if theperson was driving a commercial motor ve-hicle; or

(C) Any amount if the person was under21 years of age.

(d) A suspension of a commercial driverlicense under ORS 809.413 (1) resulting fromfailure to perform the duties of a driver un-der ORS 811.700 while driving a commercialmotor vehicle.

(e) A suspension of a commercial driverlicense under ORS 809.413 (12) where theperson′s commercial driving privileges havebeen suspended or revoked by the other ju-risdiction for failure of or refusal to take achemical test to determine the alcoholiccontent of the person′s blood under a statutethat is substantially similar to ORS 813.100.

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

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

(h) A suspension resulting from anycrime punishable as a felony with proof of amaterial element involving the operation ofa motor vehicle, other than a crime describedin subsection (3) of this section.

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

(j) A suspension for reckless driving un-der ORS 811.140.

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

(L) A suspension or revocation resultingfrom misdemeanor driving while under theinfluence of intoxicants under ORS 813.010.

(m) A suspension for use of a commercialmotor vehicle in the commission of a crimepunishable as a felony.

(5) In addition to any other sentence thatmay be imposed, if a person is convicted of

the offense described in this section and theunderlying suspension resulted from drivingwhile under the influence of intoxicants, thecourt shall impose a fine of at least $1,000 ifit is the person′s first conviction for criminaldriving while suspended or revoked and atleast $2,000 if it is the person′s second orsubsequent conviction.

(6) The Oregon Criminal Justice Com-mission shall classify a violation of this sec-tion that is a felony as crime category 6 ofthe rules of the Oregon Criminal JusticeCommission. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997c.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]

811.185 [1983 c.338 §600; 1985 c.16 §306; repealed by1991 c.208 §1]

DRIVER OFFENSES INVOLVINGPASSENGERS

811.190 Operation with obstructingpassenger; penalty. (1) A person commitsthe offense of driver operation with ob-structing passenger if the person is operatinga vehicle when another person is in the op-erator′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]

811.195 Having passenger in trailer;penalty. (1) A person commits the offense ofhaving a passenger in a trailer if the personoperates a vehicle on a highway while tow-ing any type of trailer that contains a pas-senger.

(2) This section does not apply if theperson is operating any of the following ve-hicles:

(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 thefollowing:

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

(B) An auditory or visual signaling de-vice that a passenger inside the vehicle canuse to gain the attention of the motor vehi-cle driver towing the vehicle.

(C) At least one unobstructed exit capa-ble of being opened from both the interiorand exterior of the vehicle.

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



811.200 Carrying dog on external partof vehicle; penalty. (1) A person commitsthe offense of carrying a dog on the externalpart of a vehicle if the person carries a dogupon the hood, fender, running board orother external part of any automobile ortruck that is upon a highway unless the dogis protected by framework, carrier or otherdevice sufficient to keep it from falling fromthe vehicle.

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

811.205 Carrying minor on externalpart of vehicle; penalty. (1) A person com-mits the offense of carrying a minor on anexternal part of a motor vehicle if the personcarries any person under 18 years of ageupon the hood, fender, running board orother external part of any motor vehicle thatis upon a highway.

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

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

(a) Is carrying a minor in the open bedof a motor vehicle and the minor is securedwith a safety belt or safety harness thatcomplies with rules adopted under ORS815.055;

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

(c) Is carrying a minor who is seated onthe floor of the open bed of a motor vehiclein which all available passenger seats areoccupied by minors, the tailgate is securelyclosed and the minor is being transported:

(A) In the course and scope of employ-ment, provided that the minor is transportedin compliance with law and rules regulatingthe transport of workers; or

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

(ii) The minor has a hunting license.(4) The offense described in this section,

carrying a minor on an external part of amotor vehicle, is a Class B traffic violation.[1983 c.338 §604; 1995 c.383 §53; 2003 c.107 §1]

811.207 Legislative findings. The Legis-lative Assembly finds that:

(1) Oregon drivers look to the law in de-ciding how to restrain and protect childrenin motor vehicles.

(2) The proper restraint of children inmotor vehicles will reduce the number ofchildren killed in motor vehicle accidentsand reduce the severity of injuries to chil-

dren who survive motor vehicle accidents.[2007 c.601 §1]

Note: 811.207 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

811.210 Failure to properly use safetybelts; penalty. (1) A person commits the of-fense of failure to properly use safety beltsif the person:

(a) Operates a motor vehicle on thehighways of this state and is not properlysecured with a safety belt or safety harnessas required by subsection (2) of this section;

(b) Operates a motor vehicle on thehighways of this state with a passenger whois under 16 years of age and the passenger isnot properly secured with a child safety sys-tem, safety belt or safety harness as requiredby subsection (2) of this section;

(c) Is a passenger in a privately ownedcommercial vehicle, as defined in ORS801.210, that is designed and used for thetransportation of 15 or fewer persons, in-cluding the driver, and the person is 16 yearsof age or older and is responsible for anotherpassenger who is not properly secured witha child safety system as required under sub-section (2)(a), (b) or (c) of this section; or

(d) Is a passenger in a motor vehicle onthe highways of this state who is 16 years ofage or older and who is not properly securedwith a safety belt or safety harness as re-quired by subsection (2) of this section.

(2) To comply with this section:(a) A person who is under one year of

age, regardless of weight, or a person whoweighs 20 pounds or less must be properlysecured with a child safety system in a rear-facing position.

(b) A person who weighs 40 pounds orless must be properly secured with a childsafety system that meets the minimum stan-dards and specifications established by theDepartment of Transportation under ORS815.055 for child safety systems designed forchildren weighing 40 pounds or less.

(c) Except as provided in subsection (3)of this section, a person who weighs morethan 40 pounds and who is four feet nineinches or shorter must be properly securedwith a child safety system that elevates theperson so that a safety belt or safety harnessproperly fits the person. As used in this par-agraph, “properly fits” means the lap belt ofthe safety belt or safety harness is positionedlow across the thighs and the shoulder beltis positioned over the collarbone and awayfrom the neck. The child safety system shallmeet the minimum standards and specifica-tions established by the Department of



Transportation under ORS 815.055 for childsafety systems designed for children who arefour feet nine inches or shorter.

(d) A person who is taller than four feetnine inches must be properly secured with asafety belt or safety harness that meets re-quirements under ORS 815.055.

(e) Notwithstanding paragraphs (b) and(c) of this subsection, a person who is eightyears of age or older need not be securedwith a child safety system but must be prop-erly secured with a safety belt or safety har-ness that meets requirements under ORS815.055.

(3) If the rear seat of a vehicle is notequipped with shoulder belts, the require-ments of subsection (2)(c) of this section donot apply provided the person is secured bya lap belt.

(4) The offense described in this section,failure to properly use safety belts, is a ClassD 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]

811.215 Exemptions from safety beltrequirements. ORS 811.210 does not applyto:

(1) Privately owned commercial vehiclesthat are being used for the transportation ofpersons for compensation or profit. The ex-emption in this subsection does not apply toany of the following:

(a) Motor carriers, as defined in ORS825.005, when operating in interstate com-merce.

(b) Vehicles designed and used for thetransportation of 15 or fewer persons, in-cluding the driver, except that the operatorof a vehicle described in this paragraph isnot required to:

(A) Be properly secured with a safetybelt or safety harness as required by ORS811.210 if the operator is a taxicab operator;or

(B) Ensure that a passenger is properlysecured with a child safety system as de-scribed in ORS 811.210 (2)(a), (b) or (c).

(2) Any vehicle not required to beequipped with safety belts or safety har-nesses at the time the vehicle was manufac-tured, unless safety belts or safety harnesseshave been installed in the vehicle.

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

(4) Any person for whom a certificate isissued by the Department of Transportationunder ORS 811.220.

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

(6) Any person who is being transportedwhile in the custody of a police officer orany law enforcement agency.

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

(8) Any person who is riding in an am-bulance for the purpose of administeringmedical aid to another person in the ambu-lance, if being secured by a safety belt orsafety harness would substantially inhibit theadministration of medical aid.

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

(10) Any person who is employed to op-erate a vehicle owned by a mass transit dis-trict while the vehicle is being used for thetransportation of passengers in the publictransportation system of the district.

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

811.220 Certificates of exemption fromsafety belt requirement. The Director ofTransportation shall issue a certificate ofexemption required under ORS 811.215 forany person on whose behalf a statementsigned by a physician is presented to theDepartment of Transportation. For a physi-cian′s statement to qualify under this sec-tion, the physician giving the statement mustset forth reasons in the statement why useof a child safety system, safety belt or safetyharness by the person would be impracticalor harmful to the person by reason of phys-ical 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 safetybelts in working order; penalty. (1) Theregistered owner of a motor vehicle commitsthe offense of failure of an owner to maintainsafety belts in working order if:

(a) The vehicle is equipped with safetybelts or safety harnesses that meet the stan-dards established under ORS 815.055; and

(b) The owner fails to maintain the safetybelts or safety harnesses in a condition thatwill enable occupants of all seating positionsequipped with safety belts or safety har-nesses to use the belts or harnesses.

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



HIGHWAY WORK ZONES811.230 Definitions; fine; notice. (1) As

used in ORS 811.230, 811.231, 811.232 and811.233:

(a) “Flagger” means a person who con-trols the movement of vehicular trafficthrough construction projects using sign,hand or flag signals.

(b) “Highway work zone” means an areaidentified by advance warning where roadconstruction, repair or maintenance work isbeing done by highway workers on or adja-cent to a highway, regardless of whether ornot highway workers are actually present.As used in this paragraph, “road construc-tion, repair or maintenance work” includes,but is not limited to, the setting up and dis-mantling of advance warning systems.

(c) “Highway worker” means an em-ployee of a government agency, private con-tractor or utility company working in ahighway work zone.

(2)(a) The base fine amount for a personcharged with an offense that is listed in sub-section (3)(a) or (b) of this section and thatis committed in a highway work zone shallbe the amount established under ORS 153.125to 153.145 based on the foundation amountcalculated under ORS 153.131. The minimumfine for a person convicted of an offense thatis listed in subsection (3)(a) or (b) of thissection and that is committed in a highwaywork zone is the base fine amount so calcu-lated.

(b) The minimum fine for a person con-victed of a misdemeanor offense that is listedin subsection (3)(c) to (g) of this section andthat is committed in a highway work zone is20 percent of the maximum fine establishedfor the offense.

(c) The minimum fine for a person con-victed of a felony offense that is listed insubsection (3)(c) to (g) of this section andthat is committed in a highway work zone istwo percent of the maximum fine establishedfor the offense.

(3) This section applies to the followingoffenses if committed in a highway workzone:

(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 orrevoked, as defined in ORS 811.182.

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

(4) A court shall not waive, reduce orsuspend the base fine amount or minimumfine required by this section.

(5) When a highway work zone is cre-ated, the agency, contractor or company re-sponsible for the work may post signsdesigned to give motorists notice of the pro-visions of this section. [1995 c.253 §2; 1997 c.843§3; 1999 c.1051 §292]

811.231 Reckless endangerment ofhighway workers; penalties. (1) A personcommits the offense of reckless endanger-ment of highway workers if the person drivesa motor vehicle in a highway work zone insuch a manner as to endanger persons orproperty or if the person removes, evades orintentionally strikes a traffic control devicein a highway work zone.

(2) Reckless endangerment of highwayworkers is a Class A misdemeanor. In addi-tion to any other penalty, a person convictedof reckless endangerment of highway work-ers is subject to suspension of driving privi-leges as provided in ORS 809.411 (6). [1995c.253 §3; 1997 c.83 §4; 2001 c.176 §7; 2003 c.402 §38]

811.232 Refusing to obey flagger; pen-alty. (1) A person commits the offense of re-fusing to obey a flagger if the personintentionally and unreasonably disobeys alawful order by a flagger relating to drivinga motor vehicle in a highway work zone.

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

811.233 Failure to yield right of wayto highway worker; penalty. (1) A personcommits the offense of failure to yield theright of way to a highway worker who is apedestrian if the person is operating a motorvehicle in a highway work zone and does notyield the right of way to a highway workerwho is a pedestrian.

(2) The provisions of ORS 814.040 and814.070 regarding pedestrians do not apply topedestrians described in subsection (1) of thissection.

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

SCHOOL ZONE PENALTIES811.235 Fine for traffic offenses in

school zones. (1)(a) If signs authorized byORS 810.245 are posted, the base fine amountfor a person charged with an offense that islisted in subsection (2)(a) or (b) of this sec-tion and that is committed in a school zone



shall be the amount established under ORS153.125 to 153.145 based on the foundationamount calculated under ORS 153.131. Theminimum fine for a person convicted of anoffense that is listed in subsection (2)(a) or(b) of this section and that is committed ina school zone is the base fine amount socalculated.

(b) If signs authorized by ORS 810.245 areposted, the minimum fine for a person con-victed of a misdemeanor offense that is listedin subsection (2)(c) to (g) of this section andthat is committed in a school zone is 20 per-cent of the maximum fine established for theoffense.

(c) If signs authorized by ORS 810.245 areposted, the minimum fine for a person con-victed of a felony offense that is listed insubsection (2)(c) to (g) of this section andthat is committed in a school zone is twopercent of the maximum fine established forthe offense.

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








(3) A court shall not waive, reduce orsuspend the base fine amount or minimumfine required by this section.

(4) For purposes of this section, a trafficoffense occurs in a school zone if the offenseoccurs while the motor vehicle is in a schoolzone, notice of the school zone is indicatedplainly by traffic control devices conformingto the requirements established under ORS810.200 and posted under authority grantedby ORS 810.210 and:

(a) Children are present as described inORS 811.124; or

(b) A flashing light used as a traffic con-trol device and operated under ORS 811.106indicates that children may be arriving at orleaving school. [1997 c.682 §3; 1999 c.1051 §293; 2003c.397 §9]

GENERAL DRIVING RULES(Generally)

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

811.255 Permitting unlawful operationof vehicle; penalty. (1) A person who is anowner, lessor or lessee of a motor vehicle orwho employs or otherwise directs the driverof a motor vehicle, commits the offense ofpermitting the unlawful operation of a vehi-cle if the person knowingly permits or re-quires the operation of the vehicle inviolation of any of the following:

(a) The rules of the road.(b) The laws governing equipment of mo-

tor vehicles.(c) The laws governing weight of motor

vehicles.(d) The laws governing operator driving

privileges.(e) The laws governing registration or ti-

tling of vehicles.(2) The offense described in this section,

permitting unlawful operation of a vehicle, isa Class B traffic violation. [1983 c.338 §607]

(Traffic Control Devices)811.260 Appropriate driver responses

to traffic control devices. This section es-tablishes appropriate driver responses tospecific traffic control devices for purposesof ORS 811.265. Authority to place trafficcontrol devices is established under ORS810.210. Except when acting under the direc-tion of a police officer that contradicts thissection, a driver is in violation of ORS811.265 if the driver makes a response totraffic control devices that is not permittedunder the following:

(1) Green signal. A driver facing a greenlight may proceed straight through or turnright or left unless a sign at that place pro-hibits either turn. A driver shall yield theright of way to other vehicles within theintersection at the time the green light isshown.

(2) Green arrow. A driver facing a greenarrow signal light, shown alone or in combi-nation with another signal, may cautiouslyenter the intersection only to make themovement indicated by such arrow or suchother movement as is permitted by othersignals shown at the same time.

(3) Steady circular yellow signal. Adriver facing a steady circular yellow signallight is thereby warned that the related right



of way is being terminated and that a red orflashing red light will be shown immediately.A driver facing the light shall stop at aclearly marked stop line, but if none, shallstop before entering the marked crosswalkon the near side of the intersection, or ifthere is no marked crosswalk, then beforeentering the intersection. If a driver cannotstop in safety, the driver may drive cau-tiously through the intersection.

(4) Steady yellow arrow signal. A driverfacing a steady yellow arrow signal, alone orin combination with other signal indications,is thereby warned that the related right ofway is being terminated. Unless entering theintersection to make a movement permittedby another signal, a driver facing a steadyyellow arrow signal shall stop at a clearlymarked stop line, but if none, shall stop be-fore entering the marked crosswalk on thenear side of the intersection, or if there isno marked crosswalk, then before enteringthe intersection. If a driver cannot stop insafety, the driver may drive cautiouslythrough the intersection.

(5) Steady circular red signal. A driverfacing a steady circular red signal light aloneshall stop at a clearly marked stop line, butif none, before entering the marked cross-walk on the near side of the intersection, orif there is no marked crosswalk, then beforeentering the intersection. The driver shallremain stopped until a green light is shownexcept when the driver is permitted to makea turn under ORS 811.360.

(6) Steady red arrow signal. A driver fac-ing a steady red arrow signal, alone or incombination with other signal indications,may not enter the intersection to make themovement indicated by the red arrow signal.Unless entering the intersection to makesome other movement which is permitted byanother signal, a driver facing a steady redarrow signal shall stop at a clearly markedstop line, but if none, before entering themarked crosswalk on the near side of theintersection, or if there is no marked cross-walk, then before entering the intersection.The vehicle shall remain stopped until agreen light is shown except when the driveris permitted to make a turn under ORS811.360.

(7) Traffic control devices at places otherthan intersections. If a traffic control devicethat is a signal is erected and maintained ata place other than an intersection, the pro-visions of this section relating to signalsshall be applicable. A required stop shall bemade at a sign or marking on the roadwayindicating where the stop shall be made, butin the absence of such sign or marking thestop shall be made at the signal.

(8) Flashing red signal. When a driverapproaches a flashing red light used in atraffic control device or with a traffic sign,the driver shall stop at a clearly marked stopline, but if none, before entering the markedcrosswalk on the near side of the inter-section, or if there is no marked crosswalk,then at the point nearest the intersectingroadway where the driver has a view of ap-proaching traffic on the intersecting roadwaybefore entering it. The right to proceed shallbe subject to the rules applicable after mak-ing a stop at a stop sign. This subsectiondoes not apply at railroad grade crossings.Conduct of a driver approaching a railroadgrade crossing is governed by ORS 811.455.

(9) Flashing yellow signal. When a driverapproaches a flashing yellow light used as asignal in a traffic control device or with atraffic sign, the driver may proceed throughthe intersection or past the signal only withcaution. This subsection does not apply atrailroad grade crossings. Conduct of a driverapproaching a railroad grade crossing isgoverned by ORS 811.455.

(10) Lane direction control signals. Whenlane direction control signals are placed overthe individual lanes of a highway, a personmay drive a vehicle in any lane over whicha green signal light is shown, but may notenter or travel in any lane over which a redsignal light is shown.

(11) Stop signs. A driver approaching astop sign shall stop at a clearly marked stopline, but if none, before entering the markedcrosswalk on the near side of the inter-section or, if there is no marked crosswalk,then at the point nearest the intersectingroadway where the driver has a view of ap-proaching traffic on the intersecting roadwaybefore entering it. After stopping, the drivershall yield the right of way to any vehicle inthe intersection or approaching so closely asto constitute an immediate hazard during thetime when the driver is moving across orwithin the intersection.

(12) Yield signs. A driver approaching ayield sign shall slow the driver′s vehicle toa speed reasonable for the existing conditionsand if necessary for safety, shall stop at aline as required for stop signs under thissection, and shall yield the right of way toany vehicles in the intersection or approach-ing so closely as to constitute an immediatehazard. [1983 c.338 §609; 1989 c.539 §1; 1997 c.507 §6;2003 c.278 §6]

811.265 Failure to obey traffic controldevice; penalty. (1) A person commits theoffense of driver failure to obey traffic con-trol device if the person drives a vehicle andthe person does any of the following:

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



(b) Fails to obey any specific traffic con-trol device described in ORS 811.260 in themanner required by that section.

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

(a) Following the directions of a policeofficer.

(b) Driving an emergency vehicle or am-bulance in accordance with the privilegesgranted those vehicles under ORS 820.300.

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

(d) Driving in a funeral procession led bya funeral lead vehicle or under the directionof 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 desig-nation; penalty. (1) A person commits theoffense of failure to obey a one-way desig-nation if the person is operating a vehicleand the person proceeds upon a roadwaydesignated for one-way traffic in a directionother than that indicated by a traffic controldevice.

(2) The offense described in this section,failure to obey a one-way designation, is aClass 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 toyield the right of way at an uncontrolledintersection if the person is operating a mo-tor vehicle that is approaching an uncon-trolled highway intersection and the persondoes not look out for and give right of wayto any driver on the right simultaneouslyapproaching a given point, regardless ofwhich driver first reaches and enters theintersection.

(2) This section is subject to the de-scribed provisions of the following sections:

(a) The provisions of ORS 811.260, relat-ing to stop signs and yield signs.

(b) The provisions of ORS 811.285, relat-ing to the requirements to yield the right ofway upon entering a freeway or other ar-terial highway.

(c) The provisions of ORS 811.277, relat-ing to the right of way at an uncontrolled Tintersection.

(3) A person entering an intersection atan unlawful speed shall forfeit any right ofway the person would otherwise have undersubsection (1) of this section.

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

811.277 Failure to yield right of wayat uncontrolled T intersection; penalty.(1) A person commits the offense of failureto yield the right of way at an uncontrolledT intersection if the person is operating amotor vehicle on a highway that ends at anuncontrolled T intersection and the persondoes not yield the right of way to any driverwho is on the highway at the top of the Tintersection.

(2) As used in this section and ORS811.275:

(a) “T intersection” means an inter-section at which one highway is perpendic-ular to another and at which one of thehighways ends.

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

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

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

(a) Is operating a vehicle that is about toenter or cross a roadway from any privateroad, driveway, alley or place other than an-other roadway; and

(b) Does not yield the right of way to anyvehicle approaching on the roadway to beentered or crossed so closely as to constitutean immediate hazard.

(2) This section does not apply where themovement of traffic is otherwise directed bya traffic control device or a driver of a fu-neral escort vehicle.

(3) The offense described in this section,failure of driver entering roadway to yieldright 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 toyield right of way; penalty. (1) A personcommits the offense of failure of a mergingdriver to yield the right of way if the personis operating a vehicle that is entering afreeway or other arterial highway where anacceleration or merging lane is provided forthe operator′s use and the operator does notlook out for and give right of way to vehicleson 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. [1983c.338 §613; 1995 c.383 §55]

811.290 Obstructing cross traffic; pen-alty. (1) A person commits the offense of ob-structing cross traffic if the person isoperating a vehicle and the person enters anintersection or a marked crosswalk whenthere is not sufficient space on the other sideof the intersection or crosswalk to accom-modate the vehicle without obstructing thepassage of other vehicles or pedestrians.

(2) The offense described in this sectionapplies whether or not a traffic control de-vice indicates to proceed.

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

811.292 Failure to yield right of waywithin roundabout; exception; penalty. (1)A person commits the offense of failure toyield right of way within a roundabout if theperson operates a motor vehicle upon amultilane circulatory roadway and does notyield the right of way to a second vehiclelawfully exiting the roundabout from a posi-tion ahead and to the left of the person′s ve-hicle.

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

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


(Driving on the Right)811.295 Failure to drive on right; ex-

ceptions; penalty. (1) A person commits theoffense of failure to drive on the right if theperson is operating a vehicle on a roadwayof sufficient width and the person does notdrive on the right half of the roadway.

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

(a) When overtaking and passing anothervehicle proceeding in the same direction un-der the rules governing this movement inORS 811.410 to 811.425 or 811.808.

(b) When preparing to turn left in anintersection, alley or private road ordriveway.

(c) When an obstruction or condition ex-ists making it necessary to drive to the leftof the center of the roadway, provided thata driver doing so shall yield the right of way

to all vehicles traveling in the proper direc-tion upon the unobstructed portion of theroadway within a distance as to constitutean immediate hazard.

(d) Upon a roadway divided into threemarked lanes for traffic under the rules ap-plicable on the roadway under ORS 811.380.

(e) Upon a roadway restricted to one-waytraffic.

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

811.300 Failure to drive on right ofapproaching vehicle; exceptions; penalty.(1) A person commits the offense of failureto drive on the right of an approaching vehi-cle if the person is operating a vehicle upona roadway having width for not more thanone lane of traffic in each direction and theperson does not:

(a) Pass to the right of any other vehicleproceeding on the roadway in the oppositedirection; and

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

(2) This section does not apply to a per-son operating a vehicle as otherwise directedby a traffic control device.

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

811.305 Driving on left on curve orgrade or at intersection or rail crossing;exceptions; penalty. (1) A person commitsthe offense of driving on the left on a curveor grade or at an intersection or rail cross-ing if the person is operating a vehicle uponany two-way roadway where traffic is per-mitted to move in both directions simultane-ously and the person drives on the left sideof the center of the roadway:

(a) Upon any part of a grade or upon acurve in the roadway where the driver′s viewis obstructed for such a distance as to createa hazard in the event another vehicle mightapproach from the opposite direction;

(b) When approaching an intersection orrailroad grade crossing where the driver′sview is obstructed for such a distance as tocreate a hazard in the event another vehiclemight approach from the opposite direction;or

(c) At any intersection or railroad gradecrossing.

(2) This section does not prohibit a per-son from driving on the left side of the cen-ter of a roadway under the followingcircumstances:



(a) When the right half of the roadway isobstructed or closed to traffic while underconstruction or repair; or

(b) When a driver makes a lawful leftturn.

(3) The offense described in this section,driving on the left on a curve or grade or atan intersection or rail crossing, is a Class Btraffic 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 crossingthe center line on a two-way, four-lane roadif the person is operating a vehicle on atwo-way roadway that has four or more lanesfor moving traffic and the person drives tothe left of the center line of the roadway.

(2) A person is not prohibited from driv-ing to the left of the center line of a roadwayby this section under the following circum-stances:

(a) When authorized by a traffic controldevice designating certain lanes to the leftside of the center of the roadway for use bytraffic.

(b) When an obstruction or condition ex-ists making it necessary to drive to the leftof the center of the roadway, provided thata driver doing so shall yield the right of wayto all vehicles traveling in the proper direc-tion upon the unobstructed portion of theroadway within a distance as to constitutean immediate hazard.

(c) When making a left turn at an inter-section, 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. [1983c.338 §618]

811.315 Failure of slow driver to driveon right; exceptions; penalty. (1) A personcommits the offense of failure of a slowdriver to drive on the right if the person isoperating a vehicle upon a roadway at lessthan the normal speed of traffic at the timeand place and under the conditions then ex-isting and the person fails to drive:

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

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

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

(a) When overtaking and passing anothervehicle proceeding in the same direction un-der the rules governing passing in ORS811.410 to 811.425.

(b) When preparing to turn left at anintersection, alley or private road ordriveway.

(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 ondivided highway; exceptions; penalty. (1)A person commits the offense of failure todrive to the right on a divided highway if theperson is operating a vehicle upon a highwaydivided into two or more roadways by meansof an intervening space or by a physical bar-rier or clearly indicated dividing section soconstructed as to impede vehicular trafficand the person does not drive only upon theright-hand roadway.

(2) This section does not apply if a personis operating a vehicle in accordance withtraffic control devices or the directions of apolice officer that differ from the require-ments of this section.

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

811.325 Failure to keep camper, traileror truck in right lane; exceptions; pen-alty. (1) A person commits the offense offailure to keep a camper, trailer or truck inthe right lane if the person is operating anyof the vehicles described in this subsectionand the person does not drive in the rightlane of all roadways having two or morelanes for traffic proceeding in a single direc-tion. This subsection applies to all of thefollowing 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 de-

scribed vehicles to be driven in the rightlane under any of the following circum-stances:

(a) When overtaking and passing anothervehicle proceeding in the same direction un-der the rules governing this movement inORS 811.410 to 811.425 when such movementcan be made without interfering with thepassage of other vehicles.

(b) When preparing to turn left.(c) When reasonably necessary in re-

sponse to emergency conditions.(d) To avoid actual or potential traffic

moving onto the right lane from an acceler-ation or merging lane.

(e) When necessary to follow traffic con-trol devices that direct use of a lane otherthan 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 aroundtraffic island; penalty. (1) A person com-mits the offense of driving the wrong wayaround a traffic island if the person is oper-ating a vehicle and the person drives the ve-hicle around a rotary traffic island in anydirection except to the right of the island.

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

(Turning)811.335 Unlawful or unsignaled turn;

penalty. (1) A person commits the offense ofmaking an unlawful or unsignaled turn if theperson is operating a vehicle upon a highwayand the person turns the vehicle right or leftwhen:

(a) The movement cannot be made withreasonable safety; or

(b) The person fails to give an appropri-ate signal continuously during not less thanthe last 100 feet traveled by the vehicle be-fore turning.

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

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

811.340 Improperly executed left turn;penalty. (1) A person commits the offense ofmaking an improperly executed left turn ifthe person operates a vehicle and is intend-ing to turn the vehicle to the left and theperson does not:

(a) Approach the turn in the extremeleft-hand lane lawfully available to trafficmoving in the direction of travel of theturning vehicle;

(b) Make the left turn to the left of thecenter of the intersection whenever practi-cable; and

(c) Except as otherwise allowed by ORS811.346, leave the intersection or other lo-cation in the extreme left-hand lane lawfullyavailable to traffic moving in the same di-rection as such vehicle on the roadway beingentered.

(2) The offense described in this section,improperly executing a left turn, is a ClassB 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 turnlane; penalty. (1) A person commits the of-fense of failure to use a special left turn laneif the person is operating a vehicle where aspecial lane for making left turns by driversproceeding in opposite directions has beenindicated by traffic control devices and theperson turns the vehicle left from any otherlane.

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

811.346 Misuse of special left turnlane; penalty. (1) A person commits the of-fense of misuse of a special left turn lane ifthe person uses a special left turn lane foranything other than making a left turn ei-ther into or from the special left turn lane.

(2) A person who turns into a special leftturn lane from an alley, driveway or otherentrance to the highway that has the specialleft turn lane is in violation of this sectionif the person does anything other than stopin the lane and merge into traffic in the laneimmediately to the right of the person′s ve-hicle.

(3) As used in ORS 811.345 and this sec-tion, a “special left turn lane” is a medianlane that is marked for left turns by driversproceeding in opposite directions.

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

811.350 Dangerous left turn; penalty.(1) A person commits the offense of makinga 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, pri-vate road, driveway or place from a highway;and

(c) Does not yield the right of way to avehicle approaching from the opposite direc-tion that is within the intersection or soclose as to constitute an immediate hazard.

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

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

(a) In making the approach for a rightturn; and

(b) In making the right turn.



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

811.360 When vehicle turn permittedat stop light; improper turn at stop light;penalty. (1) The driver of a vehicle, subjectto this section, who is intending to turn atan intersection where there is a traffic con-trol device showing a steady circular redsignal or a steady red arrow signal may doany of the following without violating ORS811.260 and 811.265:

(a) Make a right turn into a two-waystreet.

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

(2) A person commits the offense of im-proper turn at a stop light if the person doesany of the following while making a turndescribed in this section:

(a) Fails to stop at the light as required.(b) Fails to exercise care to avoid an ac-

cident.(c) Disobeys the directions of a traffic

control device or a police officer that pro-hibits the turn.

(d) Fails to yield the right of way totraffic lawfully within the intersection orapproaching so close as to constitute an im-mediate hazard.

(3) A driver who is making a turn de-scribed in this section is also subject to therequirements under ORS 811.028 to stop fora pedestrian while making the turn.

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

811.365 Illegal U-turn; penalty. (1) Aperson commits the offense of making an il-legal U-turn if the person is operating a ve-hicle and the person turns the vehicle so asto proceed in the opposite direction in anyof the following places:

(a) Within an intersection where trafficis controlled by an electrical signal. Thisparagraph does not apply where posted oth-erwise.

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

(c) At any place upon a highway wherethe vehicle cannot be seen by another driverapproaching from either direction within adistance of:

(A) 500 feet within the incorporated lim-its 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 violationunless commission of the offense contributesto an accident. If commission of the offensecontributes to an accident, the offense is aClass B traffic violation. [1983 c.338 §629; 1995c.383 §63]

(Lane Use)811.370 Failure to drive within lane;

penalty. (1) A person commits the offense offailure to drive within a lane if the person isoperating a vehicle upon a roadway that isdivided into two or more clearly markedlanes for traffic and the driver does not:

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

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

(2) The offense described in this section,failure to drive within a lane, is a Class Btraffic violation. [1983 c.338 §630]

811.375 Unlawful or unsignaled changeof lane; penalty. (1) A person commits theoffense of unlawful or unsignaled change oflanes if the person is operating a vehicleupon a highway and the person changeslanes by moving to the right or left upon thehighway when:

(a) The movement cannot be made withreasonable safety; or

(b) The driver fails to give an appropriatesignal continuously during not less than thelast 100 feet traveled by the vehicle beforechanging lanes.

(2) Appropriate signals for use whilechanging lanes are as designated under ORS811.395 and 811.400.

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

811.380 Improper use of center lane onthree-lane road; penalty. (1) A personcommits the offense of improper use of thecenter lane on a three-lane road if the personis operating a vehicle upon a roadway di-vided into three clearly marked lanes fortraffic with two-way movement of trafficpermitted on the roadway and the personoperates the vehicle in the center lane underany circumstances other than as permittedunder the following:

(a) The driver may drive in the centerlane when the center lane is allocated ex-clusively to traffic moving in the same di-rection that the driver is proceeding by atraffic control device directing the lane allo-cation.



(b) The driver may drive in the centerlane when the driver is overtaking and pass-ing a vehicle proceeding in the same direc-tion and the center lane is clear of trafficwithin a safe distance.

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

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

811.385 Depriving motorcycle ormoped of full lane; penalty. (1) A personcommits the offense of depriving a motorcy-cle or moped of a full lane if the person op-erates a motor vehicle upon a roadway lanedfor traffic in a manner that prevents a mopedoperator or motorcyclist from full use of alane.

(2) This section does not apply to opera-tors of motorcycles or mopeds whose use oflanes is controlled by ORS 814.240 and814.250.

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

(Signaling)811.390 Unlawful use of lights to sig-

nal for passing; penalty. (1) A person com-mits the offense of unlawful use of lights tosignal for passing if the person is operatinga vehicle and the person flashes any lightsas a courtesy or “do pass” signal to otherdrivers 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 stop-ping, turning, changing lanes and decel-erating. This section establishes appropriatesignals, for purposes of the vehicle code, foruse when signals are required while stop-ping, turning, changing lanes or suddenlydecelerating a vehicle. This section does notauthorize the use of only hand and arm sig-nals when the use of signal lights is requiredunder ORS 811.405. Vehicle lighting equip-ment described in this section is vehiclelighting equipment for which standards areestablished under ORS 816.100 and 816.120.Appropriate signals are as follows:

(1) To indicate a left turn either of thefollowing:

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

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

(2) To indicate a right turn either of thefollowing:

(a) Hand and arm extended upward fromthe left side of the vehicle. A person who isoperating a bicycle is not in violation of thisparagraph if the person signals a right turnby extending the person′s right hand and armhorizontally.

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

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

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

(b) Activation of brake lights on the ve-hicle.

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

811.400 Failure to use appropriate sig-nal for turn, lane change, stop or exitfrom roundabout; penalty. (1) A personcommits the offense of failure to use an ap-propriate signal for a turn, lane change orstop or for an exit from a roundabout if theperson does not make the appropriate signalunder ORS 811.395 by use of signal lamps orhand signals and the person is operating avehicle that is:

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

(b) Exiting from any position within aroundabout.

(2) This section does not authorize theuse of only hand signals to signal a turn,change of lane, stop or deceleration when theuse of signal lights is required under ORS811.405.

(3) The offense described in this section,failure to use appropriate signal for a turn,lane change or stop or for an exit from aroundabout, 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 commitsthe offense of failure to signal with lightswhen required if a person is operating a ve-hicle and does not use the vehicle lightingequipment described under ORS 811.395 tosignal when turning, changing lanes, stop-ping or suddenly decelerating under any ofthe following circumstances:

(a) During limited visibility conditions.(b) At any time the person is operating

a vehicle or combination of vehicles in whichthe distance from the center of the top of thesteering post to the left outside limit of thebody, cab or load of the vehicle is greaterthan 24 inches.



(c) At any time the person is operating avehicle or combination of vehicles in whichthe distance from the center of the top of thesteering post to the rear limit of the body orload is greater than 14 feet.

(2) This section does not require thedriver of a moped or bicycle that is notequipped with lighting equipment to uselighting equipment when required by thissection. A driver of such moped or bicycleshall signal by means of appropriate handand arm signals described under ORS 811.395without 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; pen-

alty. (1) A person commits the offense ofunsafe passing on the left if the person vio-lates any of the following requirements con-cerning the overtaking and passing ofvehicles:

(a) The driver of a vehicle that is over-taking any other vehicle proceeding in thesame direction shall pass to the left of theother vehicle at a safe distance and shall notagain drive to the right side of the roadwayuntil safely clear of the overtaken vehicle.

(b) Except when overtaking and passingon the right is permitted under ORS 811.415,the driver of an overtaken vehicle shall giveway to the right in favor of an overtakingvehicle and shall not increase the speed ofthe overtaken vehicle until completelypassed by the overtaking vehicle.

(c) The driver of a vehicle shall not driveto the left side of the center of the roadwayin overtaking and passing a vehicle proceed-ing in the same direction unless the left sideis clearly visible and is free of oncomingtraffic for a sufficient distance ahead to per-mit the overtaking and passing to be com-pleted without interfering with the operationof a vehicle approaching from the oppositedirection or a vehicle overtaken.

(d) An overtaking vehicle shall return toan authorized lane of traffic as soon as prac-ticable.

(2) This section does not authorize driv-ing on the left side of the center of the roadwhen prohibited under the following:

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

(b) Passing in a no passing zone underORS 811.420.

(c) ORS 811.295, 811.300 and 811.310 to811.325 that require driving on the right.

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

811.415 Unsafe passing on right; pen-alty. (1) A person commits the offense ofunsafe passing on the right if the person:

(a) Drives a vehicle to overtake and passupon the right of another vehicle at any timenot permitted under this section.

(b) Drives a vehicle to overtake and passupon the right of another vehicle at any timeby driving off the paved portion of the high-way.

(2) For purposes of this section, a personmay drive a vehicle to overtake and passupon the right of another vehicle under anyof the following circumstances:

(a) Overtaking and passing upon theright is permitted if:

(A) The overtaken vehicle is making orthe driver has signaled an intention to makea left turn;

(B) The paved portion of the highway isof sufficient width to allow two or morelanes of vehicles to proceed lawfully in thesame direction as the overtaking vehicle; and

(C) The roadway ahead of the overtakingvehicle is unobstructed for a sufficient dis-tance to permit passage by the overtakingvehicle to be made in safety.

(b) Overtaking and passing upon theright is permitted if the overtaken vehicle isproceeding along a roadway in the left laneof two or more clearly marked lanes allo-cated exclusively to vehicular traffic movingin the same direction as the overtakingdriver.

(c) Overtaking and passing upon theright is permitted if the overtaking vehicleis a bicycle that may safely make the passageunder the existing conditions.

(3) The offense described in this section,unsafe passing on the right, is a Class Btraffic 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 commitsthe offense of passing in a no passing zoneif the person drives a vehicle on the left sideof a roadway in a no passing zone that hasbeen established and designated to prohibitsuch movements by appropriate signs ormarkings posted on the roadway.

(2) The authority to establish and post nopassing zones for purposes of this section isestablished under ORS 810.120.

(3) The provisions of this section do notapply under any of the following circum-stances:



(a) When a driver turns left into or froman alley, intersection, private road ordriveway.

(b) When an obstruction or condition ex-ists making it necessary to drive to the leftof the center of the roadway provided that adriver doing so shall yield the right of wayto all vehicles traveling in the proper direc-tion upon the unobstructed portion of theroadway within a distance that would con-stitute an immediate hazard.

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

811.425 Failure of slower driver toyield to overtaking vehicle; penalty. (1) Aperson commits the offense of failure of aslower driver to yield to overtaking vehicleif the person is driving a vehicle and theperson fails to move the person′s vehicle offthe main traveled portion of the highwayinto an area sufficient for safe turnout when:

(a) The driver of the overtaken vehicle isproceeding at a speed less than a speed es-tablished in ORS 811.105 as prima facie evi-dence of violation of the basic speed rule;

(b) The driver of the overtaking vehicleis proceeding at a speed in conformity withORS 811.105;

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

(d) There is no clear lane for passingavailable to the driver of the overtaking ve-hicle.

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

(3) The offense described in this section,failure of a slower driver to yield to over-taking 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 commitsthe offense of driving on a highway dividerif the person drives a vehicle over, across orwithin a dividing space, barrier or sectionthat is an intervening space, physical barrieror clearly indicated dividing section so con-structed as to impede vehicular traffic andthat divides a highway into two or moreroadways.

(2) This section does not apply when themovement of a vehicle that is otherwise pro-hibited by this section is made:

(a) At an authorized crossover or inter-section; or

(b) At the specific direction of a roadauthority.

(3) The offense described in this section,driving on a highway divider, is a Class Btraffic violation. [1983 c.338 §642]

811.435 Operation of motor vehicle onbicycle trail; exemptions; penalty. (1) Aperson commits the offense of operation of amotor vehicle on a bicycle trail if the personoperates a motor vehicle upon a bicycle laneor a bicycle path.

(2) Exemptions to this section are pro-vided under ORS 811.440.

(3) This section is not applicable tomopeds. ORS 811.440 and 814.210 control theoperation and use of mopeds on bicycle lanesand paths.

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

811.440 When motor vehicles may op-erate on bicycle lane. This section providesexemptions from the prohibitions under ORS811.435 and 814.210 against operating motorvehicles on bicycle lanes and paths. The fol-lowing vehicles are not subject to ORS811.435 and 814.210 under the circumstancesdescribed:

(1) A person may operate a moped on abicycle lane that is immediately adjacent tothe roadway only while the moped is beingexclusively powered by human power.

(2) A person may operate a motor vehicleupon 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 mo-

mentarily cross into a bicycle lane to permitother vehicles to overtake and pass the im-plement of husbandry.

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

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

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

811.445 Use of throughway when pro-hibited; penalty. (1) A person commits theoffense of use of a throughway when prohib-ited if any use restrictions or prohibitionsare posted by appropriate signs giving noticethereof and the person violates any re-striction or prohibition so posted.

(2) The authority to impose restrictionsand prohibitions for purposes of this sectionis granted under ORS 810.020.



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

811.450 Violation of posted truckroutes; defense; penalty. (1) A person com-mits the offense of violation of posted truckroutes if appropriate signs designating truckroutes are posted and the person does notoperate a vehicle in compliance with theposted requirements.

(2) Authority to establish and changetruck routes for purposes of this section isestablished in ORS 810.040.

(3) It is a defense to a charge of violationof this section if the person so charged canestablish that the person could not reach theperson′s destination without traveling uponthe street, road or highway prohibited underthe posted requirements.

(4) The offense described in this section,violation of posted truck routes, is a ClassB 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 theoffense of failure to stop for a railroad signalif the person fails to comply with any of thefollowing requirements:

(a) A person who is driving a vehiclemust stop the vehicle at a clearly markedstop line on the near side of a railroadcrossing or, if there is no clearly markedstop line, not less than 15 feet nor more than50 feet from the nearest rail of the crossingunder any of the following circumstances:

(A) When a clearly visible electric ormechanical signal is given by a device thatwarns of the immediate approach of a rail-road train.

(B) Upon the lowering of a crossing gate.(C) When a signal given by a flagger or

police officer indicates the approach or pas-sage of a railroad train.

(D) When an approaching train is clearlyvisible and because of its nearness to thecrossing is an immediate hazard.

(E) When an audible signal is given byan approaching railroad train because itsspeed or nearness to the crossing is an im-mediate hazard.

(b) A driver who has stopped for thepassing of a train at a railroad grade cross-ing in accordance with the provisions of thissection shall not proceed across the railroadtracks until the driver can do so safely.

(c) A person shall not drive any vehiclethrough, around or under a crossing gate or

barrier at a railroad crossing while the gateor barrier is closed or is being opened orclosed.

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

811.460 Failure to follow rail crossingprocedures for high-risk vehicles; appli-cation; penalty. (1) A person commits theoffense of failure to follow rail crossing pro-cedures for high-risk vehicles if the persontakes any vehicle described in this sectionacross any railroad or rail fixed guidewaysystem tracks at grade without doing all ofthe following:

(a) Stopping the vehicle at a clearlymarked stop line or, if there is not a clearlymarked stop line, not less than 15 feet normore than 50 feet from the nearest rail of therailroad or rail fixed guideway system.

(b) While so stopped, listening and look-ing in both directions along the tracks forapproaching trains or rail fixed guidewaysystem vehicles and for signals indicatingapproaching trains or rail fixed guidewaysystem vehicles.

(c) Proceeding across the tracks afterstopping only when such movement can beperformed safely in the gear of the motorvehicle that does not require manuallychanging gears while proceeding.

(d) Proceeding across the tracks withoutmanually changing gears.

(2) This section applies to the followingvehicles when moved across railroad or railfixed 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 activityor function authorized by a church.

(e) Any vehicle used in the transporta-tion of persons for hire by a nonprofit entityas 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 similarsubstances or any cargo that the Departmentof Transportation determines to be hazard-ous. For purposes of this paragraph, the de-partment may only determine a substance tobe hazardous by rule. Any rules adopted bythe department to determine hazardous sub-stances must be consistent with substancesclassified as hazardous by the United StatesSecretary of Transportation.



(h) A tank vehicle, whether loaded orempty, used for the transportation of anyhazardous material.

(3) Exemptions to this section are pro-vided under ORS 811.465.

(4) The offense described in this section,failure to follow rail crossing procedures forhigh-risk vehicles, is a Class B traffic vio-lation. [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 com-mercial motor vehicle to slow down andcheck tracks; penalty. (1) A person com-mits the offense of failure of the operator ofa commercial motor vehicle to slow downand check that tracks are clear of an ap-proaching train if the person:

(a) Is operating a commercial motor ve-hicle that is not required by ORS 811.460 tostop before reaching a rail crossing;

(b) Is approaching a rail crossing atgrade; and

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

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

811.465 Exemptions from high-risk ve-hicle rail crossing procedures. This sectionestablishes exemptions from the specialcrossing procedures established for high-riskvehicles under ORS 811.460. The exemptionsare partial or complete as described in thefollowing:

(1) The vehicles are not required to com-ply with the procedures at a crossing of astreet or highway and rail fixed guidewaysystem tracks if:

(a) The rail fixed guideway system vehi-cles operate within and parallel to the rightof way of a street or highway; and

(b) All vehicle movements are controlledby traffic control devices.

(2) The vehicles are not required to com-ply with the procedures when crossing anyrailway tracks upon which operation hasbeen abandoned and for which the Depart-ment of Transportation has plainly markedthat no stop need be made.

(3) The vehicles are not required to com-ply with the procedures when crossing in-dustry track crossings across which trainoperations are required by law to be con-ducted under flag protection.

(4) The vehicles are not required to com-ply with the procedures when crossing in-

dustry track crossings within districts inwhich the designated speed of vehicles is 20miles per hour or less.

(5) Vehicles are not required to complywith the procedures when crossing anycrossing where an officer directs traffic toproceed or where an operating traffic controlsignal indicates that other traffic may pro-ceed.

(6) Vehicles are not required to complywith the procedures when crossing anycrossing protected by crossing gates. The ex-emption under this subsection does not applyto:

(a) School buses or school activity vehi-cles that are required to stop at crossingswith crossing gates under ORS 811.460;

(b) Tank vehicles, whether loaded orempty, used to transport hazardous materi-als;

(c) Vehicles transporting any hazardousmaterial requiring the vehicle to be plac-arded; or

(d) High-risk vehicles described in ORS811.460 that are not otherwise described inthis subsection, when operating in interstatecommerce.

(7) Except when a train or rail fixedguideway system vehicle is approaching, thedriver of a commercial bus is not required tostop at crossings where the Department ofTransportation has determined and plainlymarked that no stop need be made. [1983 c.338§650; 1985 c.420 §10; 2001 c.522 §6; 2003 c.589 §6]

811.470 Improper movement of heavyequipment across rail crossing; applica-tion; penalty. (1) A person commits the of-fense of improper movement of heavyequipment across a rail crossing if the per-son operates or moves any equipment de-scribed in this section upon or across anytracks at a railroad or rail fixed guidewaysystem grade crossing without complyingwith any of the following:

(a) Before moving across the tracks, theperson must give notice of an intendedcrossing to a responsible officer of the rail-road or rail fixed guideway system in timefor protection to be given.

(b) Where the railroad or rail fixedguideway system has provided a flagger, theperson operating or moving such equipmentshall obey the direction of the flagger.

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

(A) The person must stop before makingthe crossing at a clearly marked line or, ifthere is no clearly marked line, not less than15 feet nor more than 50 feet from the near-est rail.



(B) While so stopped, the person mustlook and listen in both directions along thetracks for approaching trains.

(C) The person shall not proceed acrossthe tracks unless the crossing can be madesafely.

(2) This section applies to the operationof movement across railroad or rail fixedguideway system tracks of any crawler-typetractor, steam shovel, derrick, roller or anyequipment or structure having a normal op-erating speed of 10 miles per hour or less ora vertical body or load clearance of less thanone-half inch per foot of the distance be-tween any two adjacent axles or in any eventof less than nine inches, measured above thelevel surface of a roadway.

(3) The offense described in this section,improper movement of heavy equipmentacross a rail crossing, is a Class B traffic vi-olation. [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; pen-alty. (1) A person commits the offense of ob-structing a rail crossing if the person isoperating a vehicle and the person does ei-ther of the following:

(a) Drives onto any railroad or rail fixedguideway system grade crossing when thereis not sufficient space on the other side ofthe railroad or rail fixed guideway systemgrade crossing to accommodate the vehiclethe person is operating without obstructingthe passage of other vehicles, pedestrians,railroad trains or rail fixed guideway systemvehicles; or

(b) While driving a commercial motorvehicle, fails to negotiate the rail crossingbecause of insufficient undercarriage clear-ance.

(2) The offense described in this sectionis applicable whether or not a traffic controldevice indicates to proceed.

(3) The offense described in this section,obstructing rail crossings, is a Class B trafficviolation. [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 backingif the person backs a vehicle the person isdriving when it is not safe to do so or whenit causes interference with other traffic upona 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 postsigns in safety corridors chosen by the de-

partment indicating that fines for traffic of-fenses committed in those safety corridorswill be doubled.

(2)(a) The base fine amount for a personcharged with an offense that is listed in sub-section (3)(a) or (b) of this section and thatis committed in a safety corridor chosen bythe department under subsection (1) of thissection shall be the amount established un-der ORS 153.125 to 153.145, based on thefoundation amount calculated under ORS153.131. The minimum fine for a person con-victed of an offense that is listed in subsec-tion (3)(a) or (b) of this section and that iscommitted in a safety corridor is the basefine amount so calculated.

(b) The minimum fine for a person con-victed of a misdemeanor offense that is listedin subsection (3)(c) to (g) of this section andthat is committed in a safety corridor is 20percent of the maximum fine established forthe offense.

(c) The minimum fine for a person con-victed of a felony offense that is listed insubsection (3)(c) to (g) of this section andthat is committed in a safety corridor is twopercent of the maximum fine established forthe offense.

(3) This section applies to the followingoffenses if committed in the designated safetycorridors:








(4) A court may not waive, reduce orsuspend the base fine amount or minimumfine required by this section. [1999 c.1071 §5; 1999c.1071 §5a; 2001 c.421 §1; 2003 c.100 §3; 2007 c.124 §1]

811.485 Following too closely; penalty.(1) A person commits the offense of followingtoo closely if the person does any of the fol-lowing:

(a) Drives a motor vehicle so as to followanother vehicle more closely than is reason-able and prudent, having due regard for thespeed of the vehicles and the traffic upon,and condition of, the highway.

(b) Drives a truck, commercial bus ormotor vehicle drawing another vehicle when



traveling upon a roadway outside of a busi-ness or residence district or upon a freewaywithin the corporate limits of a city and fol-lows another truck, commercial bus or motorvehicle drawing another vehicle without,when conditions permit, leaving sufficientspace so that an overtaking vehicle may en-ter and occupy the space without danger.This paragraph does not prevent a truck,commercial bus or motor vehicle drawinganother vehicle from overtaking and passinga vehicle or combination of vehicles.

(c) Drives a motor vehicle when travelingupon a roadway outside of a business or res-idence district or upon a freeway within thecorporate limits of a city in a caravan ormotorcade whether or not towing anothervehicle without operating the vehicle so asto leave sufficient space between vehicles toenable a vehicle to enter and occupy thespace without danger.

(2) This section does not apply in thecase of a funeral procession. Except for thefuneral lead vehicle, vehicles participating ina funeral procession shall follow the preced-ing vehicle as closely as is reasonable andsafe.

(3) The offense described in this section,following too closely, is a Class B traffic vi-olation. [1983 c.338 §654; 1991 c.482 §20; 2007 c.794 §5]

811.490 Improper opening or leavingopen of vehicle door; penalty. (1) A personcommits the offense of improper opening orleaving open a vehicle door if the persondoes any of the following:

(a) Opens any door of a vehicle unlessand until it is reasonably safe to do so andit can be done without interference with themovement of traffic, or with pedestrians andbicycles on sidewalks or shoulders.

(b) Leaves a door open on the side of avehicle available to traffic, or to pedestriansor bicycles on sidewalks or shoulders for aperiod of time longer than necessary to loador unload passengers.

(2) The offense described in this section,improper opening or leaving open a vehicledoor, is a Class D traffic violation. [1983 c.338§655; 1985 c.16 §320]

811.492 Engine braking; penalty; ex-ception. (1) A person commits the offense ofengine braking if the person is operating amotor vehicle on a highway and uses anunmuffled 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 thissection if the person uses an unmuffled en-gine brake in an emergency situation toavoid imminent danger to a person or toproperty. [1993 c.314 §7]

811.495 Unlawful coasting on down-grade; exception; penalty. (1) A personcommits the offense of unlawful coasting ona downgrade if the person is the driver of avehicle on a downgrade and the personcoasts with the gears or transmission of themotor vehicle in neutral or with the clutchdisengaged.

(2) This section does not apply to thedriver of a motorized bicycle.

(3) The offense described in this section,unlawful coasting on a downgrade, is a ClassD 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 ofunlawful stop or deceleration if the person isoperating a vehicle and the person stops orsuddenly decreases the speed of the vehiclewithout first giving an appropriate signal tothe driver immediately to the rear whenthere is opportunity to give the signal.

(2) Appropriate signals for the purpose ofthis section are as designated under ORS811.395 and 811.400.

(3) The offense described in this section,unlawful stop or deceleration, is a Class Btraffic violation. [1983 c.338 §657; 1995 c.383 §77]

811.505 Failure to stop when emergingfrom alley, driveway or building; penalty.(1) A person commits the offense of failureto stop when emerging from an alley,driveway or building if the person is operat-ing a vehicle that is emerging from an alley,building, private road or driveway in a busi-ness or residence district and the persondoes not stop the vehicle as follows:

(a) If there is a sidewalk or sidewalkarea, the person must stop the vehicle beforedriving onto the sidewalk or sidewalk area.

(b) If there is no sidewalk or sidewalkarea, the person must stop at the pointnearest the roadway to be entered where thedriver 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 vi-olation. [1983 c.338 §658; 1985 c.16 §322; 1995 c.383 §78]

811.507 Operating motor vehicle whileusing mobile communication device; pen-alty. (1) A person under 18 years of agecommits the offense of operating a motor ve-hicle while using a mobile communicationdevice if the person, while operating a motorvehicle on a highway, uses a mobile commu-nication device and the person holds:

(a) A provisional driver license issuedunder ORS 807.065;

(b) A special student driver permit issuedunder ORS 807.230; or



(c) An instruction driver permit issuedunder ORS 807.280.

(2) For purposes of this section, “mobilecommunication device” means a text mes-saging device or a wireless, two-way commu-nication device designed to receive andtransmit voice or text communication.

(3) This section does not apply:(a) To a person who is summoning med-

ical or other emergency help if no other per-son in the vehicle is capable of summoninghelp; or

(b) To a person using a mobile commu-nication device for the purpose of farming oragricultural operations.

(4) Notwithstanding ORS 810.410, a po-lice officer may enforce this provision onlyas a secondary action when a driver of amotor vehicle has been detained for a sus-pected traffic violation or some other offense.

(5) The offense described in this section,operating a motor vehicle while using a mo-bile communication device, is a Class D traf-fic violation. [2007 c.870 §2]


811.510 Dangerous operation aroundlivestock; penalty. (1) A person commits theoffense of dangerous operation around live-stock if the person is operating a vehicleupon a highway and the person fails to doany of the following:

(a) A driver shall use caution when ap-proaching or passing a person riding, leadingor herding livestock on the highway.

(b) If a person riding or leading livestockupon a highway gives a distress signal to anapproaching driver by raising a hand, thedriver must promptly stop the driver′s vehi-cle, unless movement forward is necessary toavoid an accident, and, if requested, shallturn off the engine until the livestock is un-der control.

(c) A driver shall yield the right of wayto livestock being driven on a highway.

(2) This section is only applicable if thelivestock is an animal of the species ofhorses, mules, donkeys, cattle, swine, sheepor goats.

(3) The offense described in this section,dangerous operation around livestock, is aClass B traffic violation. [1983 c.338 §666]

811.512 Unlawfully operating low-speed vehicle on highway; penalty. (1) Aperson commits the offense of unlawfully op-erating a low-speed vehicle on a highway ifthe person operates a low-speed vehicle on a

highway that has a speed limit or postedspeed of more than 35 miles per hour.

(2) Notwithstanding subsection (1) of thissection, a city or county may adopt an ordi-nance allowing operation of low-speed vehi-cles on city streets or county roads that havespeed limits or posted speeds of more than35 miles per hour.

(3) The offense described in this section,unlawfully operating a low-speed vehicle ona highway, is a Class B traffic violation. [2001c.293 §8]

811.514 Unlawfully operating racingactivity vehicle on highway; penalty. (1)A person commits the offense of unlawfullyoperating a racing activity vehicle on ahighway if the person operates a racing ac-tivity vehicle on a highway that has a speedlimit or posted speed that is greater than 55miles per hour.

(2) The offense described in this section,unlawfully operating a racing activity vehi-cle on a highway, is a Class B traffic vio-lation. [2007 c.693 §3c]


USE OF LIGHTS AND WARNINGS(Lights)

811.515 When lights must be dis-played; kind of light; number; direction;use on certain vehicles. This section estab-lishes requirements for ORS 811.520. Exceptwhere an exemption under ORS 811.525 spe-cifically provides otherwise, a vehicle thatdoes not comply with this section is in vio-lation of ORS 811.520. Where specific typesof lighting equipment are mentioned in thissection, those types are types described inORS 816.040 to 816.290. The requirementsunder this section are as follows:

(1) Subject to any other provision of thissection, any lighting equipment a vehicle isrequired to be equipped with under ORS816.040 to 816.290 must be displayed whenthe vehicle is upon a highway within thisstate at any time limited visibility conditionsexist. The provisions of this subsection applyduring the times stated when the requiredvisibility is measured on a straight, level un-lighted highway.

(2) Parking lights and lights other thanclearance, identification and marker lightsthat are mounted on the front of a vehicleand are designed to be displayed primarilywhen the vehicle is parked shall not belighted when a vehicle is driven upon ahighway at times when limited visibilityconditions exist except when:



(a) The lights are being used as turn sig-nals; or

(b) The headlights are also lighted at thesame time.

(3) Any vehicle parked or stopped upona roadway or shoulder adjacent thereto,whether attended or unattended, duringtimes when limited visibility conditions existmust display parking lights.

(4) All vehicles not specifically requiredby ORS 816.320 to be equipped with lightingequipment shall at times when limited visi-bility conditions exist display exempt-vehiclesafety lighting equipment. This section in-cludes, but is not limited to, animal drawnvehicles and vehicles exempted from requiredlighting equipment under ORS 816.340.

(5) Tow vehicle warning lights on towvehicles shall be activated when the tow ve-hicles are engaged in connecting with othervehicles and drawing such vehicles ontohighways or while servicing disabled vehi-cles.

(6) When limited visibility conditions ex-ist a person shall use a distribution of lightor composite beam that is directed suffi-ciently high and that is of such intensity soas to reveal persons and vehicles on thehighway at a safe distance in advance of thevehicle. A person violates this subsection ifthe person does not comply with the follow-ing:

(a) Whenever the driver of a vehicle ap-proaches an oncoming vehicle within 500feet, the driver must use a distribution oflight or composite beam so aimed that theglaring rays are not projected into the eyesof the oncoming driver. The use of the lowbeams of the vehicle headlight system is incompliance with this paragraph at all timesregardless of road contour and loading of thevehicle.

(b) Except when in the act of overtakingor passing, a driver of a vehicle followinganother vehicle within 350 feet to the rearmust use the low beams of the vehicle head-light system.

(7) When a vehicle is upon a highway aperson shall light not more than a total offour lights at any one time that are mountedon the front of a vehicle and that each proj-ects a beam of intensity greater than 300candlepower.

(8)(a) A light, other than a headlight,that projects a beam of light of an intensitygreater than 300 candlepower shall not beoperated on a vehicle:

(A) Unless the beam is so directed thatno part of the high intensity portion of thebeam will strike the level of the roadway on

which the vehicle stands at a distance ofmore than 75 feet from the vehicle; or

(B) Except as provided in paragraph (b)of this subsection, when use of the lowbeams of the vehicle headlight system is re-quired under subsection (6) of this section.

(b) Notwithstanding paragraph (a)(B) ofthis subsection, a light, other than a head-light, may be lighted on a motorcycle pro-vided that the intensity of the light does notexceed the intensity of the low beams of theheadlight system. A motorcycle may not beoperated with more than two lights, otherthan headlights, under this paragraph.

(9) A spotlight shall not be lighted uponapproaching another vehicle unless the spot-light is so aimed and used so that no part ofthe high-intensity portion of the beam willbe directed to the left of the prolongation ofthe extreme left side of the vehicle uponwhich it is mounted, more than 100 feetahead of the vehicle.

(10) Auxiliary lights mounted higher than54 inches shall not be lighted when the ve-hicle is used on a highway.

(11) A back-up light shall not be lightedwhen the vehicle is in forward motion.

(12) Bus safety lights shall only be oper-ated in accordance with the following:

(a) The lights may be operated when thevehicle is stopping or has stopped for thepurpose of loading or unloading students whoare going to or from any school or authorizedschool activity or function.

(b) The lights may be operated when thevehicle is stopping or has stopped for thepurpose of loading or unloading workersfrom worker transport buses.

(c) The lights may be operated when thevehicle is stopping or has stopped for thepurpose of loading or unloading children be-ing transported to or from religious servicesor an activity or function authorized by areligious organization.

(d) The lights may be operated when thevehicle is stopping or has stopped in a placethat obstructs other drivers′ ability to seethe bus safety lights on another vehicle.

(e) Notwithstanding any other paragraphof this subsection, the lights shall not be op-erated if the vehicle is stopping or hasstopped at an intersection where traffic iscontrolled by electrical traffic control sig-nals, other than flashing signals, or by a po-lice officer.

(f) Notwithstanding any other paragraphof this subsection, the lights shall not be op-erated if the vehicle is stopping or hasstopped at a loading or unloading area wherethe vehicle is completely off the roadway.



(13)(a) Hazard lights shall be used for thepurpose of warning the operators of othervehicles of the presence of a vehicular traffichazard requiring the exercise of unusual carein approaching, overtaking or passing.

(b) Hazard lights shall be used by thefirst and last vehicles in a funeral proc-ession.

(14) Mail delivery lights may be usedonly while in active service transportingUnited States mail for the purpose of warn-ing other vehicle operators of the vehicle′spresence and to exercise caution in ap-proaching, overtaking or passing. A vehiclewith mail delivery lights is in compliancewith this subsection if the lights are flashedcontinuously while the vehicle is in motionin active service transporting mail or if thelights are actuated by application of the ser-vice brake while the vehicle is parked.

(15) A pilot vehicle warning light may beactivated only when the vehicle equippedwith the light is an escort accompanying amotor vehicle carrying or towing a load of asize or description not permitted under ORS818.020, 818.060, 818.090 or 818.160.

(16) Fire company warning lights author-ized under a permit granted under ORS818.250 may be used by the persons author-ized under the permit while being driven toa fire station or fire location in response toa fire alarm. Fire company warning lightsauthorized under ORS 811.800 may be usedby funeral escort vehicle or funeral lead ve-hicle drivers while driving in a funeral proc-ession. The lights shall be covered orotherwise concealed when not being dis-played as provided in this subsection.

(17) Any lighted headlights upon aparked vehicle shall be dimmed.

(18) Commercial vehicle warning lightsmay be used only:

(a) To warn operators of other vehiclesof the presence of a traffic hazard requiringthe exercise of unusual care in approaching,overtaking or passing the commercial vehi-cle; and

(b) When the commercial vehicle is beingused for commercial purposes and the vehicleis:

(A) Stopped, parked or left standing at acommercial or work site; or

(B) In a highway work zone as defined inORS 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 uselights; penalty. (1) A person commits theoffense of unlawful use or failure to uselights if the person does any of the following:

(a) Drives or moves on any highway anyvehicle at a time when vehicle lighting is

required to be operated or is prohibited frombeing operated under ORS 811.515 and oper-ates or fails to operate lighting equipment asrequired under ORS 811.515.

(b) Owns a vehicle or combination of ve-hicles and causes or knowingly permits thevehicle or combination of vehicles to bedriven or moved on any highway at a timewhen ORS 811.515 requires or prohibits theoperation of vehicle lighting equipmentwithout compliance with the requirementsunder ORS 811.515.

(c) Drives any vehicle in a funeral proc-ession without using the low beam head-lights.

(2) The application of this section is sub-ject to the exemptions from this section es-tablished under ORS 811.525.

(3) The offense described in this section,unlawful use of or failure to use lights, is aClass B traffic violation, except that vio-lation of ORS 811.515 (3), (4), (13) or (17) orsubsection (1)(c) of this section is a Class Dtraffic violation. [1983 c.338 §659; 1985 c.16 §323;1991 c.482 §21; 1995 c.383 §21]

811.525 Exemptions from require-ments for use of lights. This section estab-lishes exemptions from ORS 811.515 and811.520. The exemptions under this sectionare in addition to any exemptions under ORS801.026. The exemptions established underthis section are partial or complete as de-scribed in the following:

(1) ORS 811.515 and 811.520 shall not beconstrued to prohibit the use of additionalparts and accessories on any vehicle not in-consistent with the provisions of thosesections.

(2) Except for the provisions relating toexempt-vehicle safety lighting equipment,ORS 811.515 and 811.520 do not apply to anyof 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 forexhibitions, parades, club activities and simi-lar uses, but not used primarily for thetransportation of persons or property.

(3) Whenever motor and other vehiclesare operated in combination during the timethat lights are required, any lighting equip-ment, except the taillight, which by reasonof its location on a vehicle of the combina-tion would be obscured by another vehicleof the combination, need not be lighted. Thissubsection shall not affect the requirementthat lighted clearance lights be displayed onthe front of the foremost vehicle required tohave clearance lights nor the requirement



that all lights on the rear of the rearmostvehicle of the combination be lighted.

(4) Lighting equipment on bicycles shallbe lighted as required under ORS 815.280.

(5) Parked or stopped vehicles are notrequired to display parking lights if the roadauthority for the highway provides by ordi-nance or resolution that no lights need bedisplayed upon a vehicle parked on the high-way in accordance with legal parking regu-lations where there is sufficient light torender clearly discernible any person or ob-ject within a distance of 500 feet from thehighway.

(6) Nothing under ORS 811.515 and811.520 limits the ability to use the followinglights with any other lights during the dayor 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 ofhazardous materials, as described in ORS816.280.

(f) Warning lights on vehicles being usedby medical examiners to reach the scene ofan accident or of a death investigation, asdescribed 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 mobilitydevice 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 ofheadlights. The Department of Transporta-tion shall conduct a safety campaign to edu-cate people about the advantages of usingheadlights in fog or rain or when driving ona single lane highway. The campaign shallinclude, but need not be limited to, encour-aging people to drive with headlights on un-der the specified conditions. [1997 c.464 §1]


(Flares)811.530 Failure to post warnings for

disabled vehicle; application; penalty. (1)A person commits the offense of failure topost warnings for a disabled vehicle if theperson is the driver, or other person incharge of a vehicle subject to this section,and the person does not cause the placement

of such roadside vehicle warning devices asthe Department of Transportation may re-quire under ORS 815.035 when the vehicle isdisabled during limited visibility conditionsand cannot immediately be removed from themain traveled portion of a highway outsideof a business district or residence district.

(2) This section applies only to the fol-lowing 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 pro-vided in ORS 825.017 (9).

(e) A bus being operated for transportingchildren to and from religious services or anactivity or function authorized by the reli-gious 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 con-tained in ORS 815.285.

(4) The offense described in this section,failure to post warnings for a disabled vehi-cle, is a Class B traffic violation. [1983 c.338§662; 1985 c.16 §325; 1985 c.420 §11; 1989 c.992 §21]

OBEYING POLICE811.535 Failing to obey police officer;

penalty. (1) A person commits the offense offailing to obey a police officer if the personrefuses or fails to comply with any lawfulorder, signal or direction of a police officerwho:

(a) Is displaying the police officer′s staror badge; and

(b) Has lawful authority to direct, controlor regulate traffic.

(2) The offense described in this section,failing to obey a police officer, is a Class Btraffic violation. [1983 c.338 §663; 1995 c.383 §79]

811.540 Fleeing or attempting to eludepolice officer; penalty. (1) A person com-mits the crime of fleeing or attempting toelude a police officer if:

(a) The person is operating a motor vehi-cle; and

(b) A police officer who is in uniform andprominently displaying the police officer′sbadge of office or operating a vehicle appro-priately marked showing it to be an officialpolice vehicle gives a visual or audible signalto bring the vehicle to a stop, including any



signal by hand, voice, emergency light or si-ren, and either:

(A) The person, while still in the vehicle,knowingly flees or attempts to elude a pur-suing police officer; or

(B) The person gets out of the vehicleand knowingly flees or attempts to elude thepolice officer.

(2) It is an affirmative defense to a pros-ecution of a person under this section that,after a police officer operating a vehicle notmarked as an official police vehicle signaledthe person to bring the person′s vehicle to astop, the person proceeded lawfully to anarea the person reasonably believed wasnecessary to reach before stopping.

(3) The offense described in this section,fleeing or attempting to elude a police offi-cer, is applicable upon any premises open tothe public and:

(a) Is a Class C felony if committed asdescribed in subsection (1)(b)(A) of this sec-tion; or

(b) Is a Class A misdemeanor if commit-ted as described in subsection (1)(b)(B) of thissection. [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, stand-ing and parking prohibited. This sectionestablishes places where stopping, standingand parking a vehicle are prohibited for pur-poses of the penalties under ORS 811.555.Except as provided under an exemption inORS 811.560, a person is in violation of ORS811.555 if a person parks, stops or leavesstanding a vehicle in any of the followingplaces:

(1) Upon a roadway outside a businessdistrict or residence district, whether at-tended or unattended, when it is practicableto stop, park or leave the vehicle standingoff the roadway. Exemptions under ORS811.560 (1), (7) and (9) are applicable to thissubsection.

(2) On a shoulder, whether attended orunattended, unless a clear and unobstructedwidth of the roadway opposite the standingvehicle is left for the passage of other vehi-cles and the standing vehicle is visible froma distance of 200 feet in each direction uponthe roadway or the person, at least 200 feetin each direction upon the roadway, warnsapproaching motorists of the standing vehicleby use of flaggers, flags, signs or other sig-nals. Exemptions under ORS 811.560 (9) areapplicable to this subsection.

(3) On the roadway side of a vehiclestopped or parked at the edge or curb of ahighway. Exemptions under ORS 811.560 (7)are applicable to this subsection.

(4) On a sidewalk. Exemptions underORS 811.560 (4) to (7) are applicable to thissubsection.

(5) Within an intersection. Exemptionsunder ORS 811.560 (4) to (7) are applicableto this subsection.

(6) On a crosswalk. Exemptions underORS 811.560 (4) to (7) are applicable to thissubsection.

(7) Between a safety zone and the adja-cent curb or within 30 feet of points on thecurb immediately opposite the ends of asafety zone, unless a different length is indi-cated by signs and markings. For purposesof this subsection the safety zone must be anarea or space officially set apart within aroadway for the exclusive use of pedestriansand which is protected or is so marked orindicated by adequate signs as to be plainlyvisible at all times while set apart as a safetyzone. Exemptions under ORS 811.560 (4) to(7) are applicable to this subsection.

(8) Alongside or opposite a street exca-vation or obstruction when stopping, stand-ing or parking would obstruct traffic.Exemptions under ORS 811.560 (4) to (7) areapplicable to this subsection.

(9) Upon a bridge or other elevatedstructure upon a highway. Exemptions un-der ORS 811.560 (4) to (8) are applicable tothis subsection.

(10) Within a highway tunnel. Ex-emptions under ORS 811.560 (4) to (7) areapplicable to this subsection.

(11) On any railroad or rail fixedguideway system tracks or within seven andone-half feet of the nearest rail at a timewhen the parking of vehicles would conflictwith operations or repair of the tracks. Ex-emptions under ORS 811.560 (4) to (7) areapplicable to this subsection.

(12) On a throughway. Exemptions underORS 811.560 (4) to (7) are applicable to thissubsection.

(13) In the area between roadways of adivided highway, including crossovers. Ex-emptions under ORS 811.560 (4) to (7) areapplicable to this subsection.

(14) At any place where traffic controldevices prohibit stopping. Exemptions underORS 811.560 (4) to (7) are applicable to thissubsection.

(15) In front of a public or privatedriveway. Exemptions under ORS 811.560 (2)and (4) to (7) are applicable to this subsec-tion.



(16) Within 10 feet of a fire hydrant. Ex-emptions under ORS 811.560 (2) and (4) to (7)are applicable to this subsection.

(17) Within 20 feet of a crosswalk at anintersection. Exemptions under ORS 811.560(2) and (4) to (7) are applicable to this sub-section.

(18) Within 50 feet upon the approach toan official flashing signal, stop sign, yieldsign or traffic control device located at theside of the roadway if the standing or park-ing of a vehicle will obstruct the view of anytraffic control device located at the side ofthe roadway. Exemptions under ORS 811.560(2) and (4) to (7) are applicable to this sub-section.

(19) Within 15 feet of the driveway en-trance to a fire station and on the side of astreet opposite the entrance to a fire station,within 75 feet of the entrance. Exemptionsunder ORS 811.560 (2) and (4) to (7) are ap-plicable to this subsection.

(20) At any place where traffic controldevices prohibit standing. Exemptions underORS 811.560 (2) and (4) to (7) are applicableto this subsection.

(21) Within 50 feet of the nearest rail ofa railroad or rail fixed guideway systemcrossing. Exemptions under ORS 811.560 (3)to (7) are applicable to this subsection.

(22) At any place where traffic controldevices prohibit parking. Exemptions underORS 811.560 (3) to (7) are applicable to thissubsection.

(23) On a bicycle lane. Exemptions underORS 811.560 are applicable to this subsec-tion.

(24) On a bicycle path. Exemptions underORS 811.560 are applicable to this subsec-tion. [1983 c.338 §669; 1985 c.21 §1; 1985 c.334 §1; 1989c.433 §2; 1997 c.249 §234; 2001 c.522 §9]

811.555 Illegal stopping, standing orparking; affirmative defense; penalty. (1)A person commits the offense of illegal stop-ping, standing or parking if:

(a) The person stops, parks or leavesstanding a vehicle in a place where suchstopping, parking or standing is prohibitedunder ORS 811.550; or

(b) The person is the owner of an unat-tended vehicle parked in a place where suchparking is prohibited under ORS 811.550.

(2) Exemptions from this section are es-tablished under ORS 811.560.

(3) A police officer, under authoritygranted by ORS 810.430, may move or requireto be moved a vehicle that is stopped, parkedor left standing in violation of this section.

(4) It is an affirmative defense to a pros-ecution of the owner of a vehicle under sub-

section (1)(b) of this section that the use ofthe 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 aClass D traffic violation. [1983 c.338 §668; 1987c.687 §4]

811.560 Exemptions from prohibitionson stopping, standing and parking. Thissection provides exemptions from ORS811.550 and 811.555. The following ex-emptions are applicable as provided underORS 811.550:

(1) When applicable, this subsection ex-empts school buses or worker transportbuses stopped on a roadway to load or unloadworkers or children, providing that theflashing school bus safety lights on the busare operating.

(2) When applicable, this subsection ex-empts vehicles stopped, standing or parkedmomentarily to pick up or discharge a pas-senger.

(3) When applicable, this subsection ex-empts vehicles stopped, standing or parkedmomentarily for the purpose of and whileactually engaged in loading or unloadingproperty or passengers.

(4) When applicable, this subsection ex-empts vehicles owned or operated by thestate, a county or city when stopping, stand-ing or parking is necessary to perform main-tenance or repair work on the roadway.

(5) When applicable, this subsection ex-empts vehicles from the prohibitions andpenalties when the driver′s disregard of theprohibitions is necessary to avoid conflictwith other traffic.

(6) When applicable, this subsection ex-empts vehicles acting in compliance with lawor at the direction of a police officer or atraffic control device.

(7) When applicable, this subsection ex-empts the driver of a vehicle that is disabledin such manner and to such extent that thedriver cannot avoid stopping or temporarilyleaving the disabled vehicle in a prohibitedposition.

(8) When applicable, this subsection ex-empts vehicles owned or operated by theState Department of Fish and Wildlife whenstopping, standing or parking is necessary toenable employees to release fish.

(9) When applicable, this subsection ex-empts vehicles momentarily stopped to allowoncoming traffic to pass before making aright-hand or left-hand turn or momentarilystopped in preparation for or while negotiat-ing an exit from the road. [1983 c.338 §670; 1985c.334 §2; 1989 c.433 §3]



811.565 Dangerous movement ofstopped, standing or parked vehicle; pen-alty. (1) A person commits the offense ofdangerous movement of a stopped, standingor parked vehicle if the person moves a ve-hicle so stopped, standing or parked whenthe movement cannot be made with reason-able safety.

(2) The offense described in this section,dangerous movement of a stopped, standingor parked vehicle, is a Class B traffic vio-lation. [1983 c.338 §675; 1995 c.383 §80]

811.570 Improperly positioning parallelparked vehicle; exception; affirmative de-fense; penalty. (1) A person commits the of-fense of improperly positioning a parallelparked vehicle if:

(a) The person stops or parks a vehicleon a highway where parallel parking is per-mitted and the vehicle is not parked in ac-cordance with the following:

(A) Upon a two-way highway, the vehicleshall be positioned so that the right-handwheels are parallel to and within 12 inchesof the right curb or, if none, as close as pos-sible to the right edge of the right shoulder.

(B) On a one-way highway where parallelparking is permitted on either side, a vehicleparked or stopped on the right side shall bepositioned in accordance with the require-ments of subparagraph (A) of this paragraphand a vehicle parked or stopped on the leftside shall be positioned so that the left-handwheels are parallel to and within 12 inchesof the left curb or, if none, as close as possi-ble to the left edge of the left shoulder.

(C) Where marked parking spaces areprovided, a vehicle shall be positioned sothat it faces in the direction in which vehi-cles in the adjacent lane of the roadway arerequired to travel and so that the wheels arewithin the parking space markings which areparallel to the curb or, if none, to the edgeof the shoulder; or

(b) The person is the owner of an unat-tended vehicle parked on a highway in vio-lation of paragraph (a) of this subsection.

(2) The provisions of this section do notapply to the driver of a vehicle that is disa-bled in such manner and to such extent thatthe driver cannot avoid stopping or tempo-rarily leaving the disabled vehicle in a posi-tion prohibited by this section.

(3) A police officer, under authoritygranted by ORS 810.430, may move or requireto be moved a vehicle that is parked in vio-lation of this section.

(4) It is an affirmative defense to a pros-ecution of the owner of a vehicle under sub-section (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 ve-hicle, is a Class D traffic violation. [1983 c.338§671; 1987 c.687 §5]

811.575 Violation of posted parkingrestrictions on state highways; affirma-tive defense; penalty. (1) A person commitsthe offense of violation of posted parking re-strictions on state highways if appropriatesigns or markings are posted giving noticeof any regulations, restrictions or prohibi-tions on the parking, stopping or standing ofvehicles on a state highway and:

(a) The person parks, stops or stands avehicle on a state highway in violation ofany such regulations, restrictions or prohibi-tions; or

(b) The person is the owner of an unat-tended vehicle parked on a state highway inviolation of any such regulations, restrictionsor prohibitions.

(2) Authority to impose restrictions, reg-ulations and prohibitions on parking, stop-ping or standing of vehicles on statehighways is established under ORS 810.160.

(3) It is an affirmative defense to a pros-ecution of the owner of a vehicle under sub-section (1)(b) of this section that the use ofthe vehicle was not authorized by the owner,either expressly or by implication.

(4) The offense described in this section,violation of posted parking restrictions onstate highways, is a Class D traffic violation.[1983 c.338 §672; 1987 c.687 §6]

811.580 Parking vehicle on state high-way for vending purposes; penalty. (1) Adriver commits the offense of unlawful park-ing for vending purposes if the person parksor leaves standing a vehicle on a right ofway of a state highway for the purpose ofadvertising, selling or offering merchandisefor sale except pursuant to written agree-ment with the Department of Transportation.

(2) The offense described in this section,unlawful parking for vending purposes is aClass D traffic violation. [1983 c.338 §674]

811.585 Failure to secure motor vehi-cle; affirmative defense; penalty. (1) Aperson commits the offense of failure to se-cure a motor vehicle if the person is drivingor is in charge of a motor vehicle and:

(a) The person permits the vehicle tostand unattended on a highway without firstdoing all of the following:

(A) Stopping the engine.(B) Turning the front wheels to the curb

or side of the highway when standing uponany 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 unat-

tended motor vehicle parked on a highway inviolation of paragraph (a) of this subsection.

(2) It is an affirmative defense to a pros-ecution of the owner of a vehicle under sub-section (1)(b) of this section that the use ofthe 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 ClassD 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 ofunlawful parking in a winter recreationparking area if the person parks a vehicle ina location designated as a winter recreationparking area under ORS 810.170 at any timefrom November 1 of any year to April 30 ofthe next year and the vehicle is not display-ing a winter recreation parking permit issuedunder ORS 811.595.

(2) Unless the police officer issuing thecitation witnesses the parking of the vehicle,a rebuttable presumption exists that a vehi-cle parked in violation of this section wasparked by the registered owner of the vehi-cle. If the parking of the vehicle is witnessedby the police officer, the operator of the ve-hicle is in violation of this section.

(3) In addition to those vehicles display-ing a winter recreation parking permit, thefollowing vehicles are not subject to theprohibition or penalty under this section:

(a) A vehicle owned and operated by theUnited States, another state or a politicalsubdivision thereof.

(b) A vehicle owned and operated by thisstate or by any city, district or political sub-division thereof.

(c) A vehicle owned by a resident of an-other state if the vehicle displays a winterarea parking permit issued in accordancewith the laws of the state in which theowner of the vehicle resides and that is sim-ilar to the winter recreation parking permitissued under ORS 811.595. The exemptionunder this paragraph is only granted to theextent that a similar exemption or privilegeis granted under the laws of the other statefor vehicles displaying a winter recreationparking permit issued under ORS 811.595.

(4) The offense described in this section,unlawful parking in a winter recreation

parking area, is punishable by a fine of $30.[1983 c.338 §678; 1999 c.1010 §1; 2007 c.810 §6]

811.595 Winter recreation parkingpermit; rules; fees. A winter recreationparking permit is a vehicle permit that is is-sued as evidence of a grant of authority topark a vehicle in a winter recreation parkinglocation established under ORS 810.170 with-out violation of ORS 811.590. The Depart-ment of Transportation shall establish aprogram for the issuance of winter recre-ation parking permits under this section. Theprogram established by the department shallcomply with all of the following:

(1) The department shall adopt rules nec-essary for the issuance and administrationof winter recreation parking permits. Therules shall be adopted under ORS chapter183.

(2) The department shall include all ofthe following in the rules adopted under thissection:

(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 tovehicle.

(4) The fees for issuance of winter recre-ation parking permits are as provided underORS 811.600. [1983 c.338 §679; 1985 c.16 §327]

811.600 Fees for winter recreationparking permits. The Oregon Transporta-tion Commission shall set the fees for issu-ance of a winter recreation parking permitissued under ORS 811.595 by rule. The com-mission shall consider recommendations ofthe Winter Recreation Advisory Committeein setting the fees under this section. Thefees established for issuance of winter recre-ation parking permits shall be designed tocover the costs of enforcing the requirementfor winter recreation parking permits and ofremoving snow from winter recreation park-ing locations designated under ORS 810.170,but may not exceed the following:

(1) For winter recreation parking permitsvalid for a period of one day, $5.

(2) For winter recreation parking permitsvalid for a period of three consecutive days,$10.

(3) For winter recreation parking permitsvalid for a period of one year beginning eachNovember, $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 per-

mit; content; rules. (1) A disabled personparking permit is a means of identifying ve-hicles being used to exercise the parkingprivileges described in ORS 811.635. The fol-lowing are disabled person parking permits:

(a) A special decal described in ORS811.605 issued by the Department of Trans-portation to be affixed to a golf cart or sub-stantially similar vehicle;

(b) An individual placard described inORS 811.605;

(c) A program placard issued by the de-partment under ORS 811.607;

(d) A family placard issued by the de-partment under ORS 811.609;

(e) A foreign visitor placard issued by thedepartment under ORS 811.611; and

(f) A “Wheelchair User” placard or decalissued by the department under ORS 811.613.

(2) The department shall issue a disabledperson parking permit in the form of a decalor individual placard to any person who sub-mits an application that complies with ORS811.604. Nothing in this section prohibits thedepartment from issuing a decal or individualplacard to a person who has disabled veteranregistration plates issued under ORS 805.100and who qualifies for the decal or placard.

(3) Except as otherwise provided in thissubsection, the department may not issuemore than one individual placard to an ap-plicant. The department may issue a replace-ment placard upon receipt of proofsatisfactory to the department that the ori-ginal placard has been lost, mutilated or de-stroyed. The department may issue atemporary duplicate permit to a person whoneeds a duplicate permit for travel purposes.A temporary duplicate permit shall be validfor 30 days. The department shall adopt rulesgoverning application for and issuance oftemporary duplicate permits. Nothing in thissubsection prohibits issuance of an individualplacard to a person who has been issued adecal.

(4) Permits issued under this section,other than temporary duplicate permits, maybe renewed by mail.

(5) Permits for use on vehicles that areregularly used as part of a program for thetransportation of persons with disabilitiesare issued as provided in ORS 811.607.

(6) Except as provided in subsection (7)of this section, the department shall deter-mine the form, size and content of any decalor placard issued under this section and shalladopt rules governing their issuance, displayand use as necessary to carry out this sec-tion.

(7)(a) Except as provided in paragraph (b)of this subsection, the department may notrequire a decal or placard issued under thissection to an individual or a family to con-tain any identifying information about theperson to whom the decal or placard is is-sued, 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 anindividual or a family to contain not morethan four digits of the driver license oridentification card number of the person towhom the decal or placard is issued. [1987c.187 §7; 1989 c.243 §2; 1991 c.741 §1; 1993 c.751 §66; 1995c.462 §1; 2001 c.827 §11; 2005 c.406 §1; 2007 c.70 §330; 2007c.468 §5]

Note: Section 5, chapter 406, Oregon Laws 2005,provides:

Sec. 5. The amendments to ORS 811.602, 811.605,811.606 and 811.609 by sections 1 to 4 of this 2005 Actapply to disabled person parking permits issued or re-newed on or after the effective date of this 2005 Act[January 1, 2006]. [2005 c.406 §5]

811.603 Identification card withoutphotograph; issuance; rules. (1) The De-partment of Transportation shall issue anidentification card without a photograph toan applicant for a disabled person parkingpermit if the applicant does not have a driverlicense or permit or an identification cardissued by the department under ORS 807.400and if the applicant submits a statement froma physician that it would be impractical orharmful to the applicant, because of medicalor physical condition, to appear at an officeof the department and be photographed foran identification card.

(2) The department shall determine byrule the terms, conditions and requirementsof an identification card issued under thissection except that the department may notrequire either that an applicant appear per-sonally in order to receive or renew a cardor that the card contain a photograph. [1991c.741 §2b; 2001 c.827 §12]

811.604 Application for disabled personparking permit. (1) Application for issuanceof a disabled person parking permit in theform of an individual placard or decal issuedunder ORS 811.602 shall include:

(a) A certificate by a licensed physician,a certified nurse practitioner or a licensed



physician assistant to the Department ofTransportation that the applicant is a personwith a disability or a certificate by a licensedoptometrist that the applicant is a personwith a disability because of loss of vision orsubstantial loss of visual acuity or visualfield beyond correction; and

(b) The number of a current, valid driverlicense, golf cart driver permit or identifica-tion card issued to the applicant by the de-partment.

(2) Application for renewal of a disabledperson parking permit shall be a signedstatement from the holder of the permit say-ing that the person is still qualified to holdthe permit. [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]

811.605 Contents of individual placardor decal. (1) An applicant for an individualplacard or decal issued by the Departmentof Transportation under ORS 811.602 musthave a driver license, a disability golf cartdriver permit or an identification card issuedby the department. The placard or decal shallbe valid so long as the license, permit oridentification card is valid and may be re-newed when the license, permit or card isrenewed.

(2) An individual placard or decal shallcontain an expiration date that is visiblefrom outside the vehicle when the placard ordecal is displayed on or in the vehicle. Theexpiration date shall be the same as the ex-piration date of the driver license, golf cartdriver permit or identification card of theholder of the placard. [1989 c.243 §4; 2005 c.406§2]

Note: See note under 811.602.

811.606 Parking permit for personwith temporary disability. The Departmentof Transportation may issue a placard show-ing an expiration date not to exceed sixmonths after the date of issuance for use bypersons with temporary disabilities uponsubmission by the applicant of a certificatedescribed in ORS 811.604 except that it cer-tifies that the applicant has a temporary dis-ability for less than four years. An applicantfor a temporary permit need not have adriver license, permit or 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]


811.607 Program placards; rules. TheDepartment of Transportation shall issuedisabled person parking permits in the formof program placards for use on vehicles thatare regularly used as part of a program forthe transportation of persons with disabili-ties or by an adult foster home. All the fol-

lowing apply to placards issued under thissection:

(1) The department shall determine theform, size and content of the placards exceptthat the department shall require that aplacard contain the name of the programholding the placard and the department shallrequire that the expiration date of a placardbe visible when the placard is displayed inthe vehicle.

(2) Placards issued under this sectionshall be valid for a period of eight years fromthe date of issue. Upon expiration, placardsmay be renewed in a manner determined bythe department by rule. The department shallauthorize renewal by mail of placards issuedunder this section.

(3) The department shall determine byrule how programs for the transportation ofpersons with disabilities may qualify vehiclesfor placards issued under this section. [1989c.243 §5; 1991 c.741 §4; 1999 c.91 §4; 2001 c.827 §15; 2007c.21 §5; 2007 c.70 §333]

811.608 [1987 c.187 §10; repealed by 1989 c.243 §18]

811.609 Family placards. The Depart-ment of Transportation shall issue disabledperson parking permits in the form of familyplacards for use on vehicles that are regu-larly used by a family that includes morethan one person with a disability. All thefollowing apply to placards issued under thissection:

(1) The department shall determine theform, size and content of the placards exceptthat the department shall require that theexpiration date of a placard be visible whenthe placard is displayed in the vehicle.

(2) Placards issued under this sectionshall be valid for a period of eight years fromthe date of issue. Upon expiration, placardsmay be renewed in a manner determined bythe department by rule.

(3) The department shall not issue or re-new a placard under this section unless a li-censed physician certifies that the familyincludes at least two persons with disabili-ties. [1991 c.741 §4b; 1999 c.91 §5; 2001 c.827 §16; 2005c.406 §4; 2007 c.70 §334]


811.610 [1985 c.246 §2; repealed by 1991 c.741 §7]

811.611 Foreign visitor placard. (1) TheDepartment of Transportation may issue adisabled person parking permit in the formof a placard to a person who is visiting froma foreign country if the person presents tothe department either a valid driver licenseor other grant of driving privileges from theforeign country or a passport or visa showingthat the person is a visitor to the UnitedStates and presents one of the following:



(a) A valid disabled person parking per-mit issued by the country that issued thevisitor′s passport or visa;

(b) A certificate from an official of theagency that issues disabled person parkingpermits in the country that issued the visi-tor′s passport or visa certifying that the per-son holds a valid disabled person parkingpermit; or

(c) A certificate from a licensed physi-cian, a certified nurse practitioner or a li-censed physician assistant addressed to theDepartment of Transportation certifying thatthe applicant is a person with a disability,or a certificate from a licensed optometristcertifying that the applicant is a person witha disability because of loss of vision or sub-stantial loss of visual acuity or visual fieldbeyond correction.

(2) A disabled person parking permit is-sued 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 afterrelocation. To maintain disabled personparking privileges after relocation, a personwho relocates to Oregon and who holds adisabled person parking permit from anotherstate shall obtain an Oregon disabled personparking permit pursuant to ORS 811.602.[2001 c.367 §6]

811.613 Wheelchair User placard;rules. (1) The Department of Transportationshall issue a “Wheelchair User” disabledperson parking permit in the form of a“Wheelchair User” placard or decal for useby a person who uses a wheelchair or similarlow-powered motorized or mechanically pro-pelled vehicle designed specifically for use bya person with a physical disability.

(2) The department shall determine theform, size and content of the placards ordecals, except that the department shall re-quire that the placards or decals:

(a) Include the words “WheelchairUser.”

(b) Have an expiration date that is visiblefrom outside the vehicle when the placard ordecal is displayed on or in the vehicle.

(3) The department shall by rule deter-mine how a person may qualify for a“Wheelchair User” placard or decal underthis section.

(4) An applicant for a “WheelchairUser” placard or decal issued by the depart-ment under this section must have a driverlicense, a disability golf cart driver permitor an identification card issued by the de-partment. The placard or decal shall be validas long as the license, permit or identifica-tion card is valid and may be renewed when

the license, permit or identification card isrenewed.

(5) The expiration date shall be the sameas the expiration date of the driver license,disability golf cart driver permit or identifi-cation card of the holder of the placard ordecal. [2007 c.468 §4]


811.615 Unlawful parking in space re-served for persons with disabilities; ex-ceptions; penalty. (1) A person commits theoffense of unlawful parking in a space re-served for persons with disabilities if:

(a) The person parks a vehicle in anyparking space that is on private or publicproperty and that is marked or signed toprovide parking for persons with disabilitiesand the vehicle does not conspicuously dis-play a disabled person parking permit de-scribed in ORS 811.602 or 811.606 or adisabled parking permit issued by anotherjurisdiction;

(b) The person parks a vehicle in theaisle required by ORS 447.233 regardless ofwhether or not the vehicle displays a disa-bled person parking permit; or

(c) The person parks a vehicle in a park-ing space that is on private or public prop-erty and that is marked or signed“Wheelchair User Only” as described in ORS447.233 and the vehicle does not conspicu-ously display a “Wheelchair User” placardor decal issued under ORS 811.613.

(2) This section does not apply to any ofthe following:

(a) Momentarily parking a vehicle in aparking space marked or signed for personswith disabilities for the purposes of allowinga person with a disability to enter or leavethe vehicle.

(b) Any parking space that is marked orsigned to provide parking for persons withdisabilities and that is subject to differentprovisions or requirements under city orcounty ordinance if the different provisionsor requirements are clearly posted.

(3) Unless the police officer or other au-thorized person issuing the citation witnessesthe parking of the vehicle, a rebuttable pre-sumption exists that a vehicle parked in vio-lation of this section was parked by theregistered owner of the vehicle and the cita-tion issued for the violation may be placedupon the vehicle. If the parking of the vehi-cle is witnessed by the police officer or otherperson authorized to issue a citation for theoffense, the operator of the vehicle is in vio-lation of this section.



(4) The penalties provided by this sectionshall be imposed regardless of the text orsymbol displayed on the marking or sign re-serving the space or aisle for persons withdisabilities. The penalties are in addition tothe following:

(a) A vehicle parked on private propertyin violation of this section is subject to re-moval under ORS 98.810 and to lien and saleunder ORS 98.812.

(b) A vehicle parked in violation of thissection may be removed and sold as providedunder ORS 811.620.

(5) The offense described in this section,unlawful parking in a space reserved forpersons with disabilities, is a Class A trafficviolation except that a person in violation ofthis section shall pay a minimum fine of $190for the first offense and a minimum fine of$450 for each subsequent offense.

(6) Notwithstanding any other provisionof law and except as otherwise provided insubsection (7) of this section:

(a) A court may not suspend impositionor execution of a sentence to pay at least theminimum fine required by this section for aperson′s first offense unless the court findsfrom clear and convincing evidence thatcompelling circumstances require a suspen-sion of a portion of the fine in the interestsof justice. In no event shall a court suspendunder this paragraph more than $140 of theminimum $190 fine.

(b) A court may not suspend impositionor execution of a sentence to pay a fine fora second or subsequent offense.

(7) If the court finds that the person whowas issued a citation for the offense de-scribed in this section lawfully held, butfailed to properly display, a valid permit atthe time of citation, then the court may sus-pend all but $20 of the fine. [1983 c.338 §680; 1985c.16 §328; 1987 c.187 §2; 1989 c.243 §8; 1991 c.741 §11; 1993c.195 §1; 1995 c.79 §373; 1997 c.680 §4; 2001 c.367 §1; 2007c.70 §336; 2007 c.468 §6]

811.617 Blocking parking space re-served for persons with disabilities; pen-alty. (1) A person commits the offense ofblocking a parking space reserved for per-sons with disabilities if the person:

(a) Stops or parks a vehicle in such away as to block access to a parking spacethat is on private or public property and thatis marked or signed to provide parking forpersons with disabilities; or

(b) Places an object or allows an objectto be placed in such a manner that it blocksaccess to a parking space that is on privateor public property and that is marked orsigned to provide parking for persons withdisabilities.

(2)(a) Unless the police officer or otherauthorized person issuing the citation wit-nesses the stopping or parking of a vehiclein violation of subsection (1)(a) of this sec-tion, there is a rebuttable presumption thatthe vehicle was stopped or parked by theregistered owner of the vehicle and a cita-tion issued for the violation may be placedupon the vehicle. If the stopping or parkingof the vehicle is witnessed by the police offi-cer or other person authorized to issue a ci-tation for the offense, or if the operator is inthe vehicle, the operator of the vehicle is inviolation of this section.

(b) Unless the police officer or other au-thorized person issuing the citation witnessesthe blocking of a parking space in violationof subsection (1)(b) of this section, there is arebuttable presumption that the owner ormanager of the parking lot placed or allowedplacement of the object blocking access tothe parking space and a citation may be is-sued to the owner or manager of the parkinglot. If a police officer or other person issuingthe citation sees a person placing an objectin violation of subsection (1)(b) of this sec-tion, the officer or other person may issuethe citation to the person seen.

(3) For purposes of this section, a parkingspace includes any adjacent access aisle asdescribed in ORS 447.233.

(4) The offense described in this section,blocking a parking space reserved for per-sons with disabilities, is a Class D traffic vi-olation except that a person in violation ofthis section shall pay a minimum fine of $50.Notwithstanding any other provision of law,a court may not suspend imposition or exe-cution of a sentence to pay at least the min-imum fine required by this section unless thecourt finds that the defendant is indigent.[1997 c.498 §2; 2001 c.367 §2; 2007 c.70 §337]

811.620 Removal of vehicle illegallyparked in space reserved for persons withdisabilities. If a vehicle is illegally parkedin violation of ORS 811.615, the vehicle maybe removed and, if notice required undersubsection (3) of this section is given, issubject to costs for the removal and storageof the vehicle as provided under the follow-ing:

(1) The owner of private property mayhave the vehicle removed from the propertyin the manner provided for removal of vehi-cles under ORS 98.812.

(2) Subject to subsection (3) of this sec-tion, any state agency or political subdivisionof this state may provide for the removal andstorage of the vehicle and the vehicle shallbe subject to the following:

(a) The state agency or political subdivi-sion may require payment of reasonable costs



for removal and storage of the vehicle beforethe vehicle is released.

(b) If the vehicle is not claimed and anyfees required under this subsection are notpaid within 30 days of the removal, a liendescribed under ORS 98.812 attaches to thevehicle and its contents for the reasonablecosts for removal and storage of the vehicleand contents.

(3) If a vehicle is removed under subsec-tion (2) of this section, the tower removingthe vehicle shall:

(a) Notify the local law enforcementagency of the location of the vehicle withinone hour after the vehicle is placed in stor-age; and

(b) Unless the vehicle is claimed, givenotice, within 10 days after the vehicle isplaced in storage, to the vehicle owner orany other person with an interest in the ve-hicle, as indicated by the title records. If no-tice under this paragraph is given by mail, itmust be mailed within the 10-day period, butneed not be received within that period. [1983c.338 §433; 1985 c.16 §227; 1993 c.233 §56; 2007 c.538 §14]

811.625 Unlawful use of disabled per-son parking permit; penalty. (1) A personcommits the offense of unlawful use of a dis-abled person parking permit if the person:

(a) Is not a person with a disability andis not transporting the holder of a disabledperson parking permit to or from the parkinglocation; and

(b) Uses a disabled person parking permitdescribed under ORS 811.602 or 811.606 toexercise any privileges granted under ORS811.635.

(2) The offense described in this section,unlawful use of a disabled person parkingpermit, is a Class A traffic violation exceptthat a person in violation of this sectionshall pay a minimum fine of $450. Notwith-standing any other provision of law, a courtmay not suspend imposition or execution ofa sentence to pay at least the minimum finerequired by this section. [1983 c.338 §681; 1987c.187 §3; 1989 c.243 §9; 1991 c.741 §12; 1995 c.79 §374; 2001c.367 §3; 2007 c.70 §338]

811.627 Use of invalid disabled personparking permit; penalty. (1) A person com-mits the offense of use of an invalid disabledperson parking permit if the person uses apermit that is not a valid permit from an-other jurisdiction, and that:

(a) Has been previously reported as lostor stolen;

(b) Has been altered;(c) Was issued to a person who is de-

ceased at the time of the citation;(d) Has not been issued under ORS

811.602;

(e) Is a photocopy or other reproductionof a permit, regardless of the permit status;or

(f) Is mutilated or illegible.(2) Unless the police officer or other au-

thorized person issuing the citation witnessesthe parking of the vehicle, a rebuttable pre-sumption exists that a vehicle parked in vio-lation of this section was parked by theregistered owner of the vehicle and the cita-tion issued for the violation may be placedupon the vehicle. If the parking of the vehi-cle is witnessed by the police officer or otherperson authorized to issue a citation for theoffense, the operator of the vehicle is in vio-lation of this section.

(3) The offense described in this section,use of an invalid disabled person parkingpermit, is a Class A traffic violation exceptthat a person in violation of this sectionshall pay a minimum fine of $450. Notwith-standing any other provision of law and ex-cept as provided in subsection (5) of thissection, a court may not suspend impositionor execution of a sentence to pay at least theminimum fine required by this section.

(4) If the court finds that a person com-mitted the offense described in this section,the court shall collect the permit and returnit to the Department of Transportation fordestruction unless the person claims thepermit was lost or destroyed, or the policeofficer or other person authorized to issue acitation for the offense collected the permit.

(5) If the court finds that a person com-mitted the offense described in this sectionby using a permit that was mutilated or il-legible, the court may assess any fine itdeems appropriate up to the maximumamount allowable for the offense. If the mu-tilated or illegible permit has been replacedby the department, the court may dismiss thecitation. [2001 c.367 §7]

811.630 Misuse of program placard;penalty. (1) A person commits the offense ofmisuse of a program placard if the person:

(a) Is the driver of a vehicle that is beingused as part of a program for the transpor-tation of persons with disabilities; and

(b) Uses a program placard described un-der ORS 811.607 for any purpose other thanexercising privileges granted under ORS811.637.

(2) The offense described in this section,misuse of a program placard, is a Class Atraffic violation except that a person in vio-lation of this section shall pay a minimumfine of $190 for a first offense and a minimumfine of $450 for each subsequent offense.Notwithstanding any other provision of law,a court may not suspend imposition or exe-



cution of a sentence to pay at least the min-imum fine required by this section. [1983 c.338§682; 1987 c.187 §4; 1989 c.243 §10; 2001 c.367 §4; 2007 c.70§339]

811.632 Appointment of volunteers toissue citations. (1) A law enforcementagency authorized to enforce parking lawsmay appoint volunteers to issue citations forviolations of ORS 811.615, 811.617, 811.625and 811.630, or of ordinances dealing withparking privileges for persons with disabili-ties. Volunteers appointed under this subsec-tion must be at least 21 years of age. Thelaw enforcement agency appointing the vol-unteers may establish any other qualifica-tions the agency deems desirable.

(2) Any agency appointing volunteers un-der this section shall provide training to thevolunteers before authorizing them to issuecitations.

(3) A citation issued by a volunteer ap-pointed under this section shall have thesame force and effect as a citation issued bya police officer for the same offense. [1991c.741 §10; 1997 c.498 §3; 2007 c.70 §340]


811.635 Privileges granted by disabledperson parking permit other than pro-gram placard. All of the following apply tothe parking privileges granted to personswith disabilities under a disabled personparking permit other than a program placarddescribed in ORS 811.607:

(1) The privileges granted under a permitmay be exercised notwithstanding ORS811.575, any authority granted under ORS810.160 or parking restrictions imposed byany city or county and without violationthereof.

(2) Subject to the limitations under sub-section (4) of this section, a “WheelchairUser” placard or decal allows its holder, oranother person while transporting its holderto or from the parking location, to exercisethe following privileges:

(a) Park a motor vehicle in any publicparking zone restricted as to the length oftime permitted therein without incurringpenalties imposed for overtime parking insuch zones.

(b) Park a motor vehicle in any publicparking zone with metered parking withoutbeing required to pay any parking meter fee.

(3) A city or county may allow any per-son who holds a disabled person parkingpermit to exercise the rights described insubsection (2) of this section.

(4) The privileges granted under subsec-tion (2) of this section do not include any ofthe following:

(a) Parking in zones where stopping,parking or standing of all motor vehicles isprohibited.

(b) Parking in the late evening or over-night where such parking is prohibited.

(c) Parking in zones reserved for specialtypes of motor vehicles or activities.

(d) Parking in zones where parking ispermitted only for 30 minutes or less.

(e) Parking in a parking space marked orsigned for “Wheelchair User Only,” unlessdisplaying a “Wheelchair User” placard ordecal issued under ORS 811.613.

(5) In addition to other privileges grantedunder a permit, the person issued a permit,or another person while transporting theperson issued the permit to or from theparking location, may use the permit to parkin a parking space that is marked or signedto provide parking for persons with disabili-ties without violation of ORS 811.615. [1983c.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 programplacards. (1) Notwithstanding ORS 811.635,a program placard described under ORS811.607 confers only the following privileges:

(a) It authorizes the driver of a vehiclethat is being used as part of the program towhich the placard was issued to park thevehicle for three hours or less in any publicparking zone restricted as to the length oftime permitted therein without incurringpenalties for overtime parking in such zones;

(b) It authorizes the driver of a vehiclethat is being used as part of the program towhich the placard was issued to park thevehicle for three hours or less in any publicparking zone with metered parking withoutbeing required to pay any parking meter fee;and

(c) It authorizes the driver of a vehiclethat is being used as part of the program towhich the placard was issued to park thevehicle for three hours or less in any parkingspace that is marked or signed to provideparking for persons with disabilities withoutviolation of ORS 811.615, so long as the ve-hicle conspicuously displays the permit.

(2) The privileges granted under subsec-tion (1) of this section do not include any ofthe following:

(a) Parking in zones where stopping,parking or standing of all motor vehicles isprohibited.

(b) Parking in the late evening or over-night where such parking is prohibited.



(c) Parking in zones reserved for specialtypes of motor vehicles or activities.

(d) Parking in zones where parking ispermitted only for 30 minutes or less. [1989c.243 §13; 1999 c.779 §1; 2007 c.70 §342]

811.640 [1983 c.338 §684(2); 1985 c.16 §329(2); 1985c.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 2001c.827 §18]

ACCIDENTS(Duties)

811.700 Failure to perform duties ofdriver when property is damaged; pen-alty. (1) A person commits the offense offailure to perform the duties of a driver whenproperty is damaged if the person is thedriver of any vehicle and the person does notperform duties required under any of the fol-lowing:

(a) If the person is the driver of any ve-hicle involved in an accident that resultsonly in damage to a vehicle that is driven orattended by any other person the personmust perform all of the following duties:

(A) Immediately stop the vehicle at thescene of the accident or as close thereto aspossible. Every stop required under this sub-paragraph shall be made without obstructingtraffic more than is necessary.

(B) Remain at the scene of the accidentuntil the driver has fulfilled all of the re-quirements under this paragraph.

(C) Give to the other driver or passengerthe name and address of the driver and theregistration number of the vehicle that thedriver is driving and the name and addressof any other occupants of the vehicle.

(D) Upon request and if available, exhibitand give to the occupant of or person at-tending any vehicle damaged the number ofany documents issued as evidence of drivingprivileges granted to the driver.

(b) If the person is the driver of any ve-hicle that collides with any vehicle that isunattended, the person shall immediatelystop and:

(A) Locate and notify the operator orowner of the vehicle of the name and addressof the driver and owner of the vehicle strik-ing the unattended vehicle; or

(B) Leave in a conspicuous place in thevehicle struck a written notice giving thename and address of the driver and of theowner of the vehicle doing the striking anda statement of the circumstances thereof.

(c) If the person is the driver of any ve-hicle involved in an accident resulting onlyin damage to fixtures or property legallyupon or adjacent to a highway, the personshall do all of the following:

(A) Take reasonable steps to notify theowner or person in charge of the property ofsuch fact and of the driver′s name and ad-dress and of the registration number of thevehicle the driver is driving.

(B) Upon request and if available, exhibitany document issued as official evidence ofa grant of driving privileges to the driver.

(2) The offense described in this section,failure to perform the duties of a driver whenproperty is damaged, is a Class A misde-meanor and is applicable on any premisesopen to the public. [1983 c.338 §572]

811.705 Failure to perform duties ofdriver to injured persons; penalty. (1) Aperson commits the offense of failure to per-form the duties of a driver to injured personsif the person is the driver of any vehicle in-volved in an accident that results in injuryor death to any person and does not do allof the following:

(a) Immediately stop the vehicle at thescene of the accident or as close thereto aspossible. Every stop required under this par-agraph shall be made without obstructingtraffic more than is necessary.

(b) Remain at the scene of the accidentuntil the driver has fulfilled all of the re-quirements under this subsection.

(c) Give to the other driver or survivingpassenger or any person not a passenger whois injured as a result of the accident thename and address of the driver and the reg-istration number of the vehicle that thedriver is driving and the name and addressof any other occupants of the vehicle.

(d) Upon request and if available, exhibitand give to the persons injured or to the oc-cupant of or person attending any vehicledamaged the number of any document issuedas official evidence of a grant of drivingprivileges.

(e) Render to any person injured in theaccident reasonable assistance, including theconveying or the making of arrangements forthe conveying of such person to a physician,surgeon or hospital for medical or surgicaltreatment, if it is apparent that such treat-ment is necessary or if such conveying is re-quested by any injured person.

(f) Remain at the scene of an accidentuntil a police officer has arrived and has re-ceived the required information, if all per-sons required to be given information underparagraph (c) of this subsection are killed inthe accident or are unconscious or otherwiseincapable of receiving the information. Therequirement of this paragraph to remain atthe scene of an accident until a police officerarrives does not apply to a driver who needsimmediate medical care, who needs to leavethe scene in order to secure medical care for



another person injured in the accident orwho needs to leave the scene in order to re-port the accident to the authorities, so longas the driver who leaves takes reasonablesteps to return to the scene or to contact thenearest police agency.

(2)(a) Except as otherwise provided inparagraph (b) of this subsection, the offensedescribed in this section, failure to performthe duties of a driver to injured persons, isa Class C felony and is applicable on anypremises open to the public.

(b) Failure to perform the duties of adriver to injured persons is a Class B felonyif a person suffers serious physical injury asdefined in ORS 161.015 or dies as a result ofthe accident. [1983 c.338 §573; 1993 c.621 §1; 2001c.919 §1]

811.706 Money damages resulting fromviolation of ORS 811.700 or 811.705. Whena person is convicted of violating ORS811.700 or 811.705, the court, in addition toany other sentence it may impose, may orderthe person to pay an amount of money equalto the amount of any damages caused by theperson as a result of the incident that cre-ated the duties in ORS 811.700 or 811.705.[1995 c.782 §2]


811.707 Crime classification for vio-lation of ORS 811.705. The Oregon CriminalJustice Commission shall classify the crimeof failure to perform the duties of a driver toinjured persons as crime category 8 of thesentencing guidelines grid of the commissionif a person suffers serious physical injury asdefined in ORS 161.015 or dies as a result ofthe accident that forms the basis of the con-viction. [2001 c.919 §2]


811.710 Failure to perform duties ofdriver when animal is injured; penalty. (1)A person commits the offense of failure toperform the duties of a driver when an ani-mal is injured if the person knowinglystrikes and injures a domestic animal andthe 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 ani-

mal.(d) Immediately report the injury to the

animal′s owner.

(e) If unable to contact the owner of theanimal, notify a police officer.

(2) The requirements under this sectionfor a driver to stop and attend an injuredanimal depend on the traffic hazards thenexisting.

(3) The offense described in this section,failure to perform the duties of a driver whenan animal is injured, is a Class B traffic vio-lation. [1983 c.338 §574]

811.715 Failure to perform duties ofwitness to accident; penalty. (1) A personcommits the offense of failure to perform theduties of a witness to an accident if the per-son:

(a) Witnesses an accident that results ininjury or death to any person or causesdamage to a vehicle that is driven or at-tended by any person; and

(b) Does not furnish to the driver or oc-cupant 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 toan accident, is a Class B traffic violation.[1983 c.338 §575]

811.717 Failure to remove motor vehi-cle from highway; penalty. (1) The driverof a motor vehicle commits the offense offailure to remove a motor vehicle from thehighway if, after an accident:

(a) The driver has not suffered any ap-parent personal injury;

(b) The motor vehicle is operable anddoes not require towing;

(c) It is safe to drive the motor vehicleto a designated parking area along the high-way or shoulder of the highway; and

(d) The driver does not move the motorvehicle to a designated parking area alongthe highway or shoulder of the highway.

(2) The offense described in this section,failure to remove a motor vehicle from thehighway, is a Class C traffic violation. [2007c.664 §4]


(Reports)811.720 When accident must be re-

ported. (1) Except as provided in subsection(4) of this section, any accident occurring ona highway or upon premises open to thepublic resulting in injury or death to anyperson is subject to the reporting require-ments under the following sections:

(a) The reporting requirements for driv-ers under ORS 811.725.



(b) The reporting requirements for occu-pants of vehicles in accidents under ORS811.735.

(c) The reporting requirements for own-ers of vehicles under ORS 811.730.

(2) Except as provided in subsection (4)of this section, an accident occurring on ahighway or upon premises open to the publicresulting in damage to the property of anyperson in excess of $1,500 is subject to thefollowing reporting requirements:

(a) The driver of a vehicle that has morethan $1,500 damage must report the accidentin the manner specified under ORS 811.725.

(b) The owner of a vehicle that has morethan $1,500 damage must report the accidentin the manner specified in ORS 811.730 andunder the circumstances specified in ORS811.730.

(c) If the property damage is to propertyother than a vehicle involved in the accident,each driver involved in the accident mustreport the accident in the manner specifiedunder ORS 811.725 and each owner of a ve-hicle involved in the accident must reportthe accident in the manner specified in ORS811.730 and under the circumstances speci-fied in ORS 811.730.

(d) If a vehicle involved in the accidentis damaged to the extent that the vehiclemust be towed from the scene of the acci-dent, each driver involved in the accidentmust report the accident in the mannerspecified under ORS 811.725 and each ownerof a vehicle involved in the accident mustreport the accident in the manner specifiedin ORS 811.730 and under the circumstancesspecified in ORS 811.730.

(3) The dollar amount specified in sub-section (2) of this section may be increasedevery five years by the Department ofTransportation based upon any increase inthe Portland-Salem Consumer Price Index forAll Urban Consumers for All Items as pre-pared by the Bureau of Labor Statistics ofthe United States Department of Labor or itssuccessor during the preceding 12-month pe-riod. The amount determined under this sub-section shall be rounded to the nearest $100.

(4) The following are exempt from thereporting requirements of this section:

(a) Operators of snowmobiles, Class I all-terrain vehicles or Class III all-terrain vehi-cles.

(b) A law enforcement official acting inthe course of official duty if the accident in-volved a law enforcement official performinga lawful intervention technique or a law en-forcement official and a person acting duringthe commission of a criminal offense. Asused in this paragraph:

(A) “Law enforcement official” means aperson who is responsible for enforcing thecriminal laws of this state or a political sub-division of this state and who is employed orvolunteers:

(i) As a peace officer commissioned by acity, port, school district, mass transit dis-trict, county or county service district au-thorized to provide law enforcement servicesunder ORS 451.010;

(ii) With the Department of State Policeor the Criminal Justice Division of the De-partment of Justice; or

(iii) As an investigator of a district at-torney′s office, if the investigator is certifiedas a peace officer in this state.

(B) “Lawful intervention technique”means a method by which one motor vehiclecauses, or attempts to cause, another motorvehicle to stop. [1983 c.338 §576; 1987 c.258 §11; 1993c.614 §1; 1997 c.279 §1; 2001 c.827 §7; 2003 c.531 §1; 2005c.405 §1]

811.725 Driver failure to report acci-dent; penalty. (1) The driver of a vehiclecommits the offense of driver failure to re-port an accident if the driver does any of thefollowing:

(a) Is driving any vehicle that is involvedin an accident required to be reported underORS 811.720 and does not, within 72 hoursof the accident, complete a report of the ac-cident in a form approved by the Departmentof Transportation and submit the report tothe department.

(b) Is driving a vehicle that is involvedin an accident and does not submit to thedepartment any report required by the de-partment that is other than or in addition tothe reports required by this section. The de-partment may request a supplemental reportif in the opinion of the department the ori-ginal report is insufficient.

(c) Is driving any vehicle that is involvedin an accident required to be reported underORS 811.720 and does not, within 72 hoursof the accident, certify to the department, ina form furnished by the department, that atthe time of the accident the person was incompliance with the financial responsibilityrequirements.

(2) The certification of compliance withfinancial responsibility required under thissection is subject to the prohibitions andpenalties for false certification under ORS806.050.

(3) The reports described under this sec-tion are subject to the provisions of ORS802.220 and 802.240 relating to the use ofsuch reports after submission. Exemptionsfrom requirements to certify compliance withfinancial responsibility are established underORS 806.020.



(4) A driver may be required to file addi-tional accident reports with a city as pro-vided under ORS 801.040.

(5) The offense described in this section,driver failure to report an accident, is aClass B traffic violation. [1983 c.338 §577; 1985c.393 §36; 1993 c.751 §67; 2005 c.195 §1]

811.730 Owner failure to report acci-dent; penalty. (1) The owner of a vehiclecommits the offense of owner failure to re-port an accident if the owner does any of thefollowing:

(a) If the person owns a vehicle that isinvolved in an accident that is required tobe reported under ORS 811.720 and all of thefollowing apply:

(A) The accident occurred while the ve-hicle was driven by someone other than theowner of the vehicle.

(B) The driver of the vehicle does notmake an accident report as required underORS 811.725.

(C) The owner of the vehicle fails to re-port the accident to the Department ofTransportation in a form specified by the de-partment as soon as the owner learns of theaccident.

(b) If the person is the owner of a vehicleinvolved in an accident and the person doesnot make any additional reports the depart-ment may require.

(2) The offense described in this section,owner failure to report an accident, is aClass B traffic violation. [1983 c.338 §578; 1985c.393 §37; 1993 c.751 §68]

811.735 Failure of vehicle occupant tomake accident report; penalty. (1) A per-son commits the offense of failure of a vehi-cle occupant to make an accident report if:

(a) The person is an occupant, other thanthe driver, of a vehicle at a time when thevehicle is involved in an accident required tobe reported under ORS 811.720;

(b) The driver of the vehicle is physicallyincapable of making an accident report re-quired under ORS 811.725; and

(c) The occupant does not make the ac-cident report or cause the accident report tobe made.

(2) This section does not require an oc-cupant of a vehicle who is not a driver tomake any certification of compliance with fi-nancial responsibility requirements.

(3) The offense described in this section,failure of a vehicle occupant to make an ac-cident 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 afalse accident report if the person gives in-formation in any report required under ORS811.725 or 811.730, knowing or having reasonto believe that such information is false.

(2) The offense described in this section,giving a false accident report, is a Class Bmisdemeanor. [1983 c.338 §581; 1985 c.393 §38]

FUNERAL PROCESSIONS811.800 Operation of funeral vehicles

with improper lights; penalty. (1) A personcommits the offense of operation of a funeralescort vehicle or a funeral lead vehicle withimproper lights if the person:

(a) Fails to equip the funeral escort ve-hicle or funeral lead vehicle with at leastone “fire company warning light” as providedfor under ORS 816.350 and described underORS 816.285; or

(b) Uses the “fire company warninglight” at any time except during a funeralprocession.

(2) No ordinance or other regulationshall prohibit the use of warning lights on afuneral escort vehicle or funeral lead vehiclewhile driving in a funeral procession.

(3) The offense described in this section,operation of a funeral escort vehicle or fu-neral lead vehicle with improper lights, is aClass D traffic violation. [1991 c.482 §6; 1993 c.18§170; 1995 c.383 §1]

811.802 Failure to yield right of wayto funeral procession; penalty. (1) A per-son commits the offense of failure to yieldthe right of way to a funeral procession ifthe funeral procession is accompanied by afuneral escort vehicle or a funeral lead vehi-cle and the person does not do the following:

(a) Yield the right of way to the funeralprocession.

(b) Stop before entering any intersectionand remain stopped until the funeral proc-ession has passed.

(c) Obey any directions given by a driverof a funeral escort vehicle.

(2) Except as otherwise provided in sub-section (3) of this section and except foremergency vehicles and police vehicles or atthe direction of a police officer, this sectionapplies to pedestrians, bicyclists, motor vehi-cle drivers and anyone else in the path of afuneral procession.

(3) This section applies only to personswho knew or in the exercise of reasonablecare should have known of the presence of afuneral 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 funeralprocessions. (1) While exercising due cau-tion regarding the safety of others, notwith-standing any traffic control device, right ofway provisions or other provisions of theOregon Vehicle Code, if the funeral escortvehicle or funeral lead vehicle lawfully en-ters an intersection, the following processionmay enter the intersection without stopping.

(2) Notwithstanding subsection (1) of thissection, the vehicles in the funeral proc-ession shall yield the right of way:

(a) To an emergency vehicle giving anaudible or visible signal; or

(b) If directed by a police officer to do so.[1991 c.482 §8]

811.806 Exceeding maximum speed forfuneral procession; penalty. (1) Notwith-standing any other provision of law, a personcommits the offense of exceeding the maxi-mum speed for a funeral procession if:

(a) The person is driving in a funeralprocession on a highway with a speed limitof less than 50 miles per hour and the persondrives at a speed that exceeds five miles perhour less than the speed limit; or

(b) The person is driving in a funeralprocession on a highway with a speed limitgreater than 50 miles per hour and the per-son drives at a speed that exceeds 45 milesper hour.

(2) The offense described in this section,exceeding the maximum speed for a funeralprocession, is a Class D traffic violation.[1991 c.482 §12; 1995 c.383 §3]

811.808 Exemption from speed limitsfor funeral escort vehicle. Notwithstanding

ORS 811.111 or 811.295, while overtaking thefuneral procession in order to direct trafficat the next intersection, the funeral escortvehicle may exceed the posted speed limit by10 miles per hour and may cross the centerline of a roadway that is divided into two ormore 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 ofdisrupting a funeral procession if:

(a) The person is driving a vehicle thatis not a member of the funeral processionand the person drives between the vehiclesin a funeral procession; or

(b) The person is driving a vehicle thatis not a member of the funeral processionand the person joins the funeral processionin order to be exempt from any rule of theroad.

(2) This section does not apply to anyemergency vehicle or police vehicle whilethat vehicle is performing emergency or po-lice duties.

(3) The offense described in this section,disrupting a funeral procession, is a Class Dtraffic violation. [1991 c.482 §10; 1995 c.383 §4]

811.812 Free passage for funeral proc-ession vehicles. Any person or vehicle par-ticipating in a funeral procession shall beallowed to pass free through all tollgates,tunnels, toll bridges and ferries. [1991 c.482 §11]

CHAPTER 812

[Reserved for expansion]


OREGON VEHICLE CODE


811 · 811.320 failure to drive to right on divided high-way; exceptions; penalty 811.325 failure...

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