Chapter 810 — Chapter 810
77 sections in this chapter.
ORS 810.425 Procedure in certain parking cases. (1) In all prosecutions of the owner of a vehicle for violation of ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), of any parking regulations prescribed under ORS 276.002 or of an applicable ordinance, it shall be sufficient for a police officer to charge the defendant by an unsworn written notice if the notice clearly states
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(a) The date, place and nature of the charge. (b) The time and place for defendant’s appearance in court. (c) The name of the issuing officer. (d) The license number of the vehicle. (2) The notice provided for in subsection (1) of this section shall either be delivered to the def…
ORS 810.430 Movement of illegally parked vehicles. A police officer who finds a vehicle parked or standing upon a highway in violation of ORS 811.555 or 811.570 may move the vehicle, cause it to be moved or require the driver or person in charge of the vehicle to move it. The authority to move vehicles under this section is in addition to any authority under ORS 819.110 and 819.120. [1983 c.338 §402; 1995 c.758 §6]
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(Photo Red Light)
ORS 810.434 Photo red light; operation; evaluation. (1) Any city may, at its own cost, operate cameras designed to photograph drivers who
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(a) Violate ORS 811.265 by failing to obey a traffic control device; or (b) Violate the speed limit established in ORS 811.111 by 11 miles per hour or greater or violate the designated speed posted under ORS 810.180 by 11 miles per hour or greater. (2) Cameras operated under this…
ORS 810.435 Use of photographs. (1) Except as provided in subsection (2) of this section, photographs taken under ORS 810.434 may be submitted into evidence in a criminal trial, grand jury proceeding or other criminal proceeding for the purpose of proving or disproving a felony or a Class A misdemeanor
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(2) Photographs taken under ORS 810.434 may not be used in any criminal proceeding relating to the prosecution of a violation as described in ORS 153.008, other than for the purpose of proving or disproving a violation of: (a) ORS 811.265; (b) ORS 811.111 by 11 miles per hour or …
ORS 810.436 Citations based on photo red light; response to citation. (1) Notwithstanding any other provision of law, if a city chooses to operate a camera that complies with this section and ORS 810.434, a citation for violation of ORS 811.265 may be issued on the basis of photographs from a camera taken without the presence of a police officer if the following conditions are met
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(a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indicating that compliance with traffic control devices is enforced through cameras. (b) For each traffic control device at which a camera is installed, signs indicating that a camera ma…
ORS 810.437 Citations for speeding based on photo red light; response to citation. (1) Notwithstanding any other provision of law, if a city chooses to operate cameras that comply with this section and ORS 810.434, a citation for speeding may be issued on the basis of photographs from a camera and other technology, including but not limited to sensors, that measure the speed of a vehicle without the presence of a police officer if the following conditions are met
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(a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indicating that compliance with traffic laws is enforced through cameras and other technology. (b) For each traffic control device at which a camera is installed, signs indicating that a…
ORS 810.438 Photo radar. (1) A city at its own cost may operate photo radar
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(2) A photo radar system operated under this section: (a) May be used on streets in residential areas or school zones. (b) May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas. (c) Ma…
ORS 810.439 [1995 c.579 §2; 1997 c.280 §2; 1999 c.1051 §142; 1999 c.1071 §2; 2005 c.22 §516; 2005 c.686 §4; 2007 c.634 §2; repealed by 2024 c.82 §4]
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[Repealed or reserved.]
ORS 810.440 [1983 c.338 §403; 1985 c.16 §213; 1999 c.1051 §290; renumbered 810.448 in 2013]
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[Repealed or reserved.]
ORS 810.441 Photo radar; highway work zones. (1) The Department of Transportation may operate photo radar within a highway work zone that is located on a state highway. The photo radar unit may be operated only
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(a) In the area within a highway work zone when highway workers, as defined in ORS 811.230, are present. The photo radar unit may not be operated in a location more than 100 yards from where highway workers are present and, in the case of a divided state highway, the photo radar …
ORS 810.442 Citations based on photo radar in highway work zones; response to citation. (1) Notwithstanding any other provision of law, when a jurisdiction or the Oregon State Police uses photo radar in a highway work zone
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(a) A citation for speeding may be issued on the basis of photo radar if the following conditions are met: (A) The photo radar unit is operated by a uniformed police officer. (B) The photo radar unit is operated out of a marked police vehicle. (C) An indication of the actual spee…
ORS 810.443 [2015 c.721 §1; repealed by 2024 c.82 §4]
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[Repealed or reserved.]
ORS 810.444 Citations based on photo radar; response to citation. (1) Notwithstanding any other provision of law, in a city operating a photo radar system under ORS 810.438
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(a) A citation for speeding may be issued on the basis of photo radar if: (A) A sign that provides drivers with information about the driver’s current rate of speed is posted between 100 and 400 yards before the location of each photo radar unit; (B) A police officer or a duly au…
ORS 810.445 [2015 c.721 §3; repealed by 2024 c.82 §4]
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(Security for Appearance)
ORS 810.448 Security for appearance of person arrested for traffic crime. A police officer may take security for the appearance of a person arrested for a traffic crime if it appears to the officer that the arrested person might fail to appear in response to a citation. Authority granted by this section is in addition to any authority to accept security under ORS 810.450. The authority of an officer to take security under this section is subject to all of the following
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(1) Except as otherwise provided in this section, an officer may only take security if there is no accessible magistrate or clerk or deputy clerk authorized by the magistrate. (2) Except as otherwise provided in this section, an officer may only accept as security the following, …
ORS 810.450 Security for appearance of person issued citation. A police officer who issues a citation for violation of an offense described in this section may accept security for the appearance of the person cited. Authority granted by this section is in addition to any authority to accept security under ORS 810.448. The authority of an officer to take security under this section is subject to all of the following
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(1) The officer may only accept security under this section for offenses described under ORS 810.530, other than the following: (a) Violation of manufactured structure trip permit requirements under ORS 820.570. (b) Violation of a provision of ORS chapter 825. (c) Failure to comp…
ORS 810.460 Officer’s accident report; use. (1) A police officer shall submit a report to the Department of Transportation whenever the officer does any of the following
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(a) Investigates a vehicle accident which ORS 811.725 or 822.600 requires to be reported. (b) Prepares a report of an accident investigated at the time and place of the accident or by field interviews with the participants or witnesses. (2) A police officer shall submit a report …
ORS 810.470 [1983 c.338 §407; 1993 c.224 §5; 1993 c.751 §64; 1997 c.678 §13; repealed by 2005 c.195 §3]
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(Stops and Inspections)
ORS 810.480 Inspections involving vehicle dealers and dismantlers. (1) A police officer, during normal business hours, may inspect the records, including electronic records, a vehicle dealer is required to keep under ORS 822.045 and vehicles included in the inventory or located on the premises of a dealer issued a certificate under ORS 822.020. The inspections shall be limited in scope to that necessary to determine compliance with the regulation of dealers under the vehicle code and with vehicle title and registration provisions under the vehicle code and for the purposes of identifying stolen vehicles
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(2) A police officer, at any time, may inspect the books, records and inventory of and premises used by any business issued a certificate under ORS 822.110 for the purpose of determining whether the provisions relating to the regulation of dismantlers, rules adopted by the Depart…
ORS 810.490 Weighing and measuring vehicles; citation; reduction of load. (1) Any police officer may stop, measure and weigh any vehicle or combination of vehicles by means of either portable or stationary measures and scales, and having reason to believe that any vehicle or combination of vehicles, including any load thereon, is unlawful, or having reason to believe that the combined weight or loaded weight of the vehicle exceeds the registration weight for the vehicle, may require that such vehicle or combination of vehicles be driven to the nearest public or certified scales, in the event such scales are within five miles. When it is necessary for the vehicle or combination of vehicles to reverse direction in order to proceed to the scales, the police officer shall assist the driver of the vehicle or combination of vehicles so that the turning movement can be made in safety
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(2) If the police officer finds that the vehicle or combination of vehicles, including any load thereon, is of any dimension or has any weight not authorized by ORS 818.010, 818.020, 818.040, 818.060, 818.080, 818.090, 818.110 and 818.130 or not authorized by the terms of any per…
ORS 810.500 Stopping and testing vehicles for equipment violations. (1) A police officer may require the driver of a vehicle or combination of vehicles to stop the vehicle or combination and submit to tests by the officer as may be appropriate to determine if the vehicle or combination
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(a) Is being driven or moved on any street or highway without having equipment required by the vehicle code or without the equipment in proper condition and adjustment as required by the vehicle code; or (b) Is in such unsafe condition as to endanger any person. (2) A police offi…
ORS 810.510 State police inspection for mechanical condition and equipment. (1) A state police officer may require a person driving a vehicle or combination of vehicles on a street or highway to stop and submit the vehicle or combination to an inspection of the mechanical condition and equipment thereof at any location where members of the Oregon State Police are conducting tests and inspections of vehicles and when signs are displayed requiring such stop
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(2) If a vehicle inspected under this section is found to be in violation of any provision of the vehicle code, the police officer may issue a vehicle repair warning described under ORS 810.520 to the driver. The officer may, in lieu of the issuance of the vehicle repair warning …
ORS 810.520 Vehicle repair warning. (1) A vehicle repair warning issued under ORS 810.510 shall
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(a) Be in writing; (b) Require that the vehicle be placed in a safe condition and its equipment in proper repair and adjustment; (c) Specify the particulars with reference to condition, equipment, repair or adjustments required; and (d) Require that approval of the repair or adju…
ORS 810.530 Authority of weighmasters and motor carrier enforcement officers. (1) A weighmaster or motor carrier enforcement officer in whose presence an offense described in this subsection is committed may arrest or issue a citation for the offense in the same manner as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer were a police officer. This subsection applies to the following offenses
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(a) Violation of maximum weight limits under ORS 818.020. (b) Violation of posted weight limits under ORS 818.040. (c) Violation of administratively imposed weight or size limits under ORS 818.060. (d) Violation of maximum size limits under ORS 818.090. (e) Exceeding maximum numb…
ORS 810.540 Enforcement of snowmobile and all-terrain vehicles violations by persons other than police officers. Game wardens and all other state law enforcement officers within their respective jurisdictions shall enforce the provisions relating to snowmobiles and all-terrain vehicles under ORS 821.190, 821.210, 821.220 and 821.240 to 821.290. The authority granted by this section to enforce laws relating to snowmobiles and all-terrain vehicles is in addition to any authority of police officers to enforce such laws. [1983 c.338 §415; 1987 c.217 §7; 1987 c.587 §23; 1989 c.991 §5a; 2007 c.71 §245]
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[Repealed or reserved.]
ORS 810.550 Authority of railroad officers to move illegally parked vehicles. When a regularly employed officer of a railroad commissioned to act as a police officer by the Governor under ORS 131.880 finds a vehicle parked or standing upon any railroad track or within seven and one-half feet of the nearest rail in violation of ORS 811.555, the person may move the vehicle, cause it to be moved or require the driver or person in charge of the vehicle to move it to a position more than seven and one-half feet from the nearest rail. [1983 c.338 §416]
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[Repealed or reserved.]
ORS 810.560 Certification and training of commercial vehicle inspectors. Before an enforcement official may conduct inspections of commercial vehicles, drivers or cargoes for purposes of enforcing rules adopted under ORS 825.252 and 825.258, the official shall be trained and certified as a commercial vehicle inspector by the Department of Transportation. [1995 c.574 §3]
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