77 sections in this chapter.
ORS 810.010 Jurisdiction over highways; exception. This section designates the bodies responsible for exercising jurisdiction over certain highways when the vehicle code requires the exercise of jurisdiction by the road authority. This section does not control where a specific section of the vehicle code specifically provides for exercising jurisdiction in a manner different than provided by this section. Except as otherwise specifically provided under the code, the responsibilities designated under this section do not include responsibility for maintenance. Responsibility for maintenance is as otherwise provided by law. The following are the road authorities for the described roads
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(1) The Department of Transportation is the road authority for all state highways in this state including interstate highways. (2) The county governing body is the road authority for all county roads outside the boundaries of an incorporated city. (3) The governing body of an inc…
ORS 810.012 Jurisdiction over access to facilities and services from certain roads; rules. Notwithstanding any other provision of the Oregon Vehicle Code, the Oregon Transportation Commission, by rule, may establish procedures for, and certify to the Federal Highway Administration compliance with, 23 C.F.R. part 658 for roads under the authority of cities and counties. [1991 c.283 §2]
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(Roads)
ORS 810.020 Regulating use of throughway. (1) Each road authority may prohibit or restrict the use of a throughway in its jurisdiction by any of the following
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(a) Parades. (b) Bicycles or other nonmotorized traffic. (c) Motorcycles or mopeds. (2) Regulation under this section becomes effective when appropriate signs giving notice of the regulation are erected upon a throughway and the approaches to the throughway. (3) Penalties for vio…
ORS 810.022 Authorizing use of vehicles in parades. A road authority, on its own highways, may allow a person to use a vehicle that is otherwise prohibited from operating on the highways of this state if
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(1) The person is operating the vehicle in a parade; (2) The vehicle is operated with the approval of and under the conditions imposed by the road authority; and (3) The vehicle complies with vehicle weight and size limits established by federal or state statute or rule. [2023 c.…
ORS 810.030 Imposition of restrictions on highway use; grounds; procedure; penalties. (1) A road authority may impose restrictions described under this section on its own highways as the road authority determines necessary to do any of the following
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(a) Protect any highway or section of highway from being unduly damaged. (b) Protect the interest and safety of the general public. (2) Restrictions that may be imposed under this section include any of the following: (a) Prohibition of the operation of any or all vehicles or any…
ORS 810.040 Designation of truck routes; limitations; penalties. Each road authority may designate any of its highways or any section of any of its highways as a truck route and may prohibit the operation of trucks, machinery or any other large or heavy vehicles upon any other of its highways that serves the same route or area served by the truck route designated. The authority granted under this section is subject to all of the following
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(1) The governing body of an incorporated city shall not designate a truck route or prohibit the operation of any vehicle on a: (a) State highway that is within the boundaries of the city without the written consent of the Department of Transportation. (b) County road that is wit…
ORS 810.045 County roads; designation of safety corridors; penalties. (1) If the board of county commissioners of a county finds that a segment of county road within the county demonstrates a safety concern, the board may designate that segment as a safety corridor. The board of county commissioners for each county may designate no more than two safety corridors at one time. This section applies only to county roads for which the county is the road authority
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(2) A safety corridor designated under subsection (1) of this section must satisfy the criteria established by the board. Before designating a safety corridor the board shall: (a) Establish objective criteria for designating a segment of highway as a safety corridor under this se…
ORS 810.050 Increase or decrease in size or weight limits on highways if federal mandate allows or requires; rules. (1) The Department of Transportation may authorize the movement on highways under its jurisdiction of vehicles or combinations of vehicles of a size or weight in excess of the limits under ORS 818.020, 818.090 or 818.110 if federal law permits various states to establish size and weight limits in excess of those under ORS 818.020, 818.090 or 818.110. The department shall exercise the authority granted under this subsection subject to all of the following
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(a) The department shall only establish weight and size limits under this subsection within the limits necessary to qualify for federal aid highway funds. (b) The department shall exercise the authority either by adoption of a rule or resolution under ORS 810.060 or by issuance o…
ORS 810.060 Increase in weight or size if highway found capable of supporting increase; rules. A road authority shall adopt a rule, resolution or ordinance to allow vehicles or combinations of vehicles with a loaded weight in excess of the weight limitations established by Table III under ORS 818.010 or a length or width in excess of that authorized under ORS 818.080 and 818.090 to be operated over any highway of the road authority if the road authority determines that the highway is capable of carrying greater weight, length or width. The authority granted under this section is subject to all of the following
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(1) The authority may only be exercised by rule, resolution or ordinance. (2) The authority does not allow any road authority to authorize any vehicle to be operated over any highway if the vehicle has a height in excess of that allowed under ORS 818.080 and 818.090. (3) The prov…
ORS 810.070 Use of golf carts on highways; rules. A road authority, on any of its own highways that are located adjacent to a golf course, may permit the operation of golf carts between the golf course and the place where golf carts are parked or stored or located within or bounded by a real estate development. All of the following apply to the authority granted under this section
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(1) Exercise of the authority granted under this section must be by means of an ordinance. (2) The authority granted under this section may only be exercised where the combined operation of golf carts and regular vehicle traffic can be accomplished safely. (3) A road authority sh…
ORS 810.080 Pedestrian traffic. (1) Road authorities may regulate the movement of pedestrians upon highways within their jurisdictions by doing any of the following
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(a) Establishing marked crosswalks and designating them by appropriate marking. (b) Closing a marked or unmarked crosswalk and prohibiting pedestrians from crossing a roadway where a crosswalk has been closed by placing and maintaining signs giving notice of closure. (c) Prohibit…
ORS 810.090 Bicycle racing. Bicycle racing is permitted on any highway in this state upon the approval of, and under conditions imposed by, the road authority for the highway on which the race is held. [1983 c.338 §153]
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[Repealed or reserved.]
ORS 810.100 Restriction of animal traffic to bridle paths. Each incorporated community within this state has power, by law or ordinance duly enacted, to regulate the use of its streets by horses and other animals to the extent that bridle paths may be designated upon certain streets and the animals may be prohibited on other streets. [1983 c.338 §154]
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[Repealed or reserved.]
ORS 810.110 Designation of through highways and stop intersections. (1) Each road authority may do any of the following on its own highways
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(a) Designate a main traveled or through highway by placing traffic control devices at the entrances to the highway from intersecting highways to notify drivers to stop or yield the right of way before entering or crossing the designated highway. (b) Designate intersections or ot…
ORS 810.120 Designation of no passing zones. (1) Each road authority may do the following on its own highways
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(a) Determine where overtaking or passing or driving to the left of the center of the roadway would be especially hazardous; and (b) Establish zones on the roadway where overtaking or passing or driving to the left of the center of the roadway are prohibited because such would be…
ORS 810.130 One-way highways; safety zones; turns. The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. Each road authority may do any of the following on its own highways, subject to any limitations described
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(1) Designate a highway or section or specific lane on a highway where vehicle traffic must proceed in one direction at all times or at times indicated by traffic control devices. A designation under this subsection shall become effective when appropriate signs are posted. The au…
ORS 810.140 Designation of exclusive use lanes. (1) Any road authority may designate lanes on its own highways that are to be used exclusively by buses or high occupancy-use passenger vehicles for the purpose of conserving energy and facilitating public transportation
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(2) Any restriction or limitation imposed under this section must be imposed by proper order. The restriction or limitation is effective when appropriate signs giving notice of the restriction or limitation are erected. A sign giving notice of a restriction or limitation shall be…
ORS 810.150 Drain construction; compliance with bicycle safety requirements; guidelines. (1) Street drains, sewer drains, storm drains and other similar openings in a roadbed over which traffic must pass that are in any portion of a public way, highway, road, street, footpath or bicycle trail that is available for use by bicycle traffic shall be designed and installed, including any modification of existing drains, with grates or covers so that bicycle traffic may pass over the drains safely and without obstruction or interference
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(2) The Department of Transportation shall adopt construction guidelines for the design of public ways in accordance with this section. Limitations on the applicability of the guidelines are established under ORS 801.030. [1983 c.338 §159] (Parking)
ORS 810.160 Controlling parking on highways; limitations. Except as otherwise provided in this section, each road authority has exclusive authority to regulate, control or prohibit the stopping, standing and parking of vehicles upon its own highways. The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. The authority granted in this section is subject to all of the following
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(1) The commission has exclusive authority to regulate, control or prohibit the stopping, standing and parking on all state highways: (a) Within the corporate limits of a city except where the highway is routed over a city street under ORS 373.010. (b) Within the corporate limits…
ORS 810.170 Winter recreation parking locations; plowing; priorities; enforcement. (1) The Oregon Transportation Commission shall designate winter recreation parking locations throughout this state where parking is prohibited under ORS 811.590 except for vehicles exempted under that section and vehicles with winter recreation parking permits issued under ORS 811.595. The commission may identify access roads to winter recreation facilities, roadside plow-outs and other areas as winter recreation parking locations under this section. The commission shall designate winter recreation parking locations under this section after consultation with the Winter Recreation Advisory Committee established under ORS 802.350 and with land management agencies managing adjacent land
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(2) The commission shall establish priorities for plowing the winter recreation parking locations established under this section. The commission shall establish priorities under this section after consultation with the Winter Recreation Advisory Committee established under ORS 80…
ORS 810.180 Designation of maximum speeds; rules. (1) As used in this section
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(a) “Designated speed” means the speed that is designated by a road authority as the maximum permissible speed for a highway and that may be different from the statutory speed for the highway. (b) “Statutory speed” means the speed that is established as a speed limit under ORS 81…
ORS 810.190 [1983 c.338 §163; 1985 c.16 §52; repealed by 1993 c.742 §117]
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(Traffic Control Devices)
ORS 810.200 Uniform standards for traffic control devices; uniform system of marking and signing highways. (1) The Oregon Transportation Commission may exercise the following authority with respect to the marking, signing and use of traffic control devices in this state
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(a) The commission shall adopt a manual and specifications of uniform standards for traffic control devices consistent with the provisions of the vehicle code for use upon highways in this state. (b) The commission is authorized to provide a uniform system of marking and signing …
ORS 810.210 Placement and control of traffic control devices. (1) The Oregon Transportation Commission is vested with exclusive jurisdiction over the installation at railroad-highway grade crossings of signs, signals, gates, protective devices or any other device to warn or protect the public at a railroad-highway crossing. The commission is granted exclusive authority under this subsection to determine the character or type of device to be used
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(2) Each road authority shall place, maintain and control traffic control devices used upon its own highway as the road authority considers necessary for the safe and expeditious control of traffic, necessary to carry out the provisions of the vehicle code or local traffic ordina…
ORS 810.212 Requirements for certain speed limit signs. Any sign that is posted on a highway in this state that expresses a speed limit in kilometers per hour shall also show the speed limit in miles per hour. The limit in miles per hour shall be printed above the limit in kilometers per hour and shall be of equal size lettering. [1993 c.284 §2]
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[Repealed or reserved.]
ORS 810.214 Signs prohibiting unmuffled engine brakes. (1) The Oregon Transportation Commission shall adopt uniform standards for posting signs prohibiting the use of unmuffled engine brakes as described in ORS 811.492
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(2) The commission is authorized to provide a uniform system of posting signs within the boundaries of the state. Any sign posted shall inform the driver that the use of unmuffled engine braking is prohibited and shall give the dollar amount of the maximum fine provided for viola…
ORS 810.220 Exemption from traffic control device specifications. Official traffic control devices placed or constructed by road authorities before June 27, 1975, are not required to conform to specifications and location criteria approved by the Oregon Transportation Commission. Any new or amended specifications approved by the commission under ORS 810.200 after June 27, 1975, for the placement or construction of traffic control devices do not apply to such devices in place on June 27, 1975. However within a reasonable period after June 27, 1975, traffic control devices shall be altered or relocated to comply with the manual and specifications under ORS 810.200. [1983 c.338 §166]
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[Repealed or reserved.]
ORS 810.230 Unlawful sign display; exceptions; penalty. (1) A person commits the offense of unlawful sign display if the person does any of the following
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(a) Without authority under ORS 810.200 or 810.210, places, maintains or displays upon or in view of any highway any sign, signal, marking or device that: (A) Purports to be or is an imitation or resembles an official traffic control device or railroad sign or signal; (B) Attempt…
ORS 810.240 Unlawful interference with traffic control device or railroad sign; penalty. (1) A person commits the offense of unlawful interference with a traffic control device or railroad sign if the person, without lawful authority and with criminal negligence, attempts to or does alter, deface, injure, knock down or remove any traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon or any other part thereof
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(2) The offense described in this section, unlawful interference with traffic control device or railroad sign, is a Class A traffic violation. [1983 c.338 §709; 1995 c.383 §11]
ORS 810.243 Operation of flashing light indicating children in school zone. (1) Except as provided in subsection (2) of this section, a flashing light used as a traffic control device to indicate that children may be arriving at or leaving school and operated to provide notice under ORS 811.111 or 811.235 may be operated only at times when children are scheduled to arrive at or leave the school
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(2) A flashing light may be used to provide notice under ORS 811.111 or 811.235 of the presence of a school zone and may be operated between 7 a.m. and 5 p.m. on a day when school is in session if: (a) The school has a parking lot located across the street from the school; and (b…
ORS 810.245 Signs giving notice of consequences of traffic offenses committed in school zones. A road authority may post signs designed to give motorists notice of the provisions of ORS 811.235. The road authority may also develop procedures that enable individuals or entities to petition and pay for the erection of signs described in this section. [1997 c.682 §6]
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[Repealed or reserved.]
ORS 810.247 Signs giving notice of multilane roundabouts. A road authority shall place signs prior to each multilane roundabout located on a highway under its jurisdiction that warns drivers of the hazard of driving next to a commercial motor vehicle. [2011 c.85 §4]
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[Repealed or reserved.]
ORS 810.250 Use of traffic control device placement or legibility as evidence. (1) A person shall not be convicted of violating a provision of the vehicle code for which an official traffic control device is required if the device is not in proper position and legible to a reasonably observant person at the time and place of the alleged violation
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(2) Whenever a particular section of the vehicle code does not state that traffic control devices are required, the section is effective even though no devices are erected or in place. (3) When a traffic control device is placed in position approximately conforming to the require…
ORS 810.260 Standards for installation, operation and use of traffic control signal operating devices; rules. (1) The Department of Transportation shall adopt standards for the installation, operation and use of traffic control signal operating devices authorized under ORS 815.445. In adopting standards, the department shall consider the impact of traffic control signal operating devices on
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(a) Safety. (b) The efficiency of emergency response operations. (c) The requirements for traffic signal maintenance. (d) The efficiency of public transit operations. (e) Traffic flow. (2) The Department of Transportation shall adopt rules establishing priorities and preemptive u…
ORS 810.300 Security for appearance on traffic crime. (1) A court, including a magistrate or clerk or deputy clerk authorized by the magistrate, shall release a person brought before it if the person gives an adequate undertaking to appear in answer to the offense at the time and place fixed by the court. A court, as it deems appropriate, is authorized to accept and may require any of the following as security for the appearance of an arrested person before the court on a traffic crime
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(a) An automobile membership card as described under ORS 810.330 and subject to limitations under that section. (b) A guaranteed arrest bond certificate as described under ORS 810.320 and subject to limitations under that section. (c) A license as described under ORS 810.310 and …
ORS 810.310 Use of license as security deposit. The current valid license of a person that is issued by this state is acceptable, when authorized under ORS 810.300, as a security deposit for a person on a traffic crime. The use of a license as security under this section is subject to all of the following
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(1) Upon acceptance of the license as security, the magistrate or clerk or deputy clerk authorized by the magistrate shall issue the person a court bail driver permit under ORS 807.330. (2) If the person appears at the time fixed, the person’s license shall be returned to the per…
ORS 810.320 Use of guaranteed arrest bond certificate as security deposit. The unexpired guaranteed arrest bond certificate, as defined in ORS 742.372, of a member of an automobile club or automobile association is acceptable, when authorized under ORS 810.300, 810.448 or 810.450, as a security deposit for that member for any traffic crime, other than a felony, if the security deposit required does not exceed $1,000. The use of an unexpired guaranteed arrest bond certificate as a security deposit under this section is subject to all of the following
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(1) To qualify for use as a security deposit, a guaranteed arrest bond certificate must have a surety company that has become a surety on the certificate as provided under ORS 742.372 to 742.376. (2) If the individual does not make the appearance, the surety for the certificate i…
ORS 810.330 Use of automobile membership card as security deposit. The unexpired membership card of any member of an automobile association is acceptable as a security deposit for that member as provided under this section. The use of an unexpired membership card as security deposit is subject to the following
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(1) The membership card may only be used as a security deposit: (a) For the violation of any motor vehicle law of this state or traffic crime of any city in this state if the security amount in any individual case does not exceed $1,000; and (b) When authorized under ORS 810.300,…
ORS 810.340 Proceedings; jurisdiction of financial responsibility requirements and suspension. (1) All proceedings concerning traffic offenses shall conform to the provisions of the vehicle code and those provisions of ORS chapter 153 relating to traffic offenses
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(2) All circuit courts, municipal courts and justices of the peace have concurrent jurisdiction, within their respective city or county, of all violations of the provisions of the vehicle code relating to financial responsibility requirements or the suspension of driving privileg…
ORS 810.350 Procedures for overloading and certain other violations. (1) For offenses described in this section, a court or judicial officer
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(a) Shall make the owner or lessee of the vehicle a codefendant if appearance has not been made by the driver within 15 days of the date the driver was cited to appear in court. (b) May dismiss the charges against the driver if the court finds: (A) That the owner or lessee of the…
ORS 810.360 [1983 c.338 §383; repealed by 1999 c.1051 §32]
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(Court-Related Offenses)
ORS 810.365 Failure to appear on certain parking offenses. If a vehicle owner cited under ORS 810.425 to appear in a circuit or justice court upon an alleged parking offense fails to appear on or before the date and time stated on the citation, the court and the Department of Transportation may take such actions as are otherwise authorized by law under the Oregon Vehicle Code in the case of a failure to appear, except that in no case may a warrant of arrest be issued nor a criminal prosecution for failure to appear be commenced unless the citing or prosecuting authority, more than 10 days prior thereto, has sent a letter to the registered owner at the address shown upon the records of the department advising the owner of the charge pending and informing the owner that the owner may be subject to arrest if the owner does not appear in the court within 10 days to answer the charge. The letter must be sent by certified mail, restricted delivery, return receipt requested. A warrant of arrest may not be issued nor a criminal prosecution for failure to appear be commenced if such a letter has not been sent or if the owner appears in court to answer the charge within 10 days after receiving the letter. [1987 c.687 §3; 1995 c.658 §115; 1999 c.59 §241; 1999 c.1051 §289; 2003 c.14 §489]
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(Records)
ORS 810.370 Court to forward traffic conviction records to department; exceptions. (1) Within the time required by this section of the conviction, every court with jurisdiction over the offenses described in this section shall forward to the Department of Transportation a record of the conviction of any person in such court for a violation of any of the following that regulate the operation of motor vehicles on highways or streets
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(a) Offenses committed under the vehicle code or any other statute of this state. (b) Offenses committed under any municipal ordinance. (2) To comply with this section, a court must forward the record of conviction containing the date of any offense, any arrest and conviction. Th…
ORS 810.375 Duties of judges or court clerks. (1) The judge or clerk of every court of this state having jurisdiction of any traffic offense, including all local and municipal judicial officers in this state
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(a) Shall keep a full record of every case in which a person is charged with any such offense. (b) Shall send the Department of Transportation an abstract of conviction for any person who is convicted. (c) Shall send the department a copy of any final judgment of conviction of an…
ORS 810.380 [1985 c.744 §3; 1987 c.730 §19; 1987 c.904 §2; repealed by 1987 c.905 §37]
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POLICE (General Authority)
ORS 810.400 Uniform or badge required. Any police officer attempting to enforce the traffic laws of this state shall be in uniform or shall conspicuously display an official identification card showing the officer’s lawful authority. [1983 c.338 §399]
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[Repealed or reserved.]
ORS 810.410 Arrest and citation. (1) A police officer may arrest or issue a citation to a person for a traffic crime at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act as provided by ORS 133.235 and 133.310
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(2) A police officer may issue a citation to a person for a traffic violation at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act: (a) When the traffic violation is committed in the police officer’s…
ORS 810.412 Limitation on issuing citations for traffic offenses related to vehicle lighting. (1) Notwithstanding ORS 810.410, a police officer may not initiate a traffic violation stop for unlawful use or failure to use lights under ORS 811.520 or operation without required lighting equipment under ORS 816.330 if the offense is based on the following circumstances
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(a) A headlight that is not in compliance with ORS 816.050 or 816.320, and the vehicle has a headlight that is in compliance; (b) A taillight that is not in compliance with ORS 816.080 or 816.320, and the vehicle has a taillight that is in compliance; (c) A brake light that is no…
ORS 810.415 Removal of vehicles, cargo or debris from roadway after collision. A law enforcement officer who comes to the scene of a collision described in ORS 811.700 may remove or direct the driver of a vehicle involved in the collision to remove from the roadway any vehicle, cargo or debris resulting from the collision. A person acting under the authority granted by this section is not liable for damage to a vehicle, cargo or debris caused by reasonable efforts at removal. [2003 c.410 §2; 2018 c.22 §8]
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[Repealed or reserved.]
ORS 810.420 Use of speed measuring device; citation; training. (1) When the speed of a vehicle has been checked by a speed measuring device, the driver of the vehicle may be stopped, detained and issued a citation by a police officer if the officer is in uniform and has either
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(a) Observed the recording of the speed of the vehicle by the device; or (b) Probable cause to detain based upon a description of the vehicle or other information received from the officer who has observed the speed of the vehicle recorded. (2) A police officer may not issue a ci…