Chapter 811 — Chapter 811
201 sections in this chapter.
ORS 811.005 Duty to exercise due care. None of the provisions of the vehicle code relieve a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians. [1983 c.338 §543]
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[Repealed or reserved.]
ORS 811.010 [1983 c.338 §544; 1985 c.16 §279; 2003 c.278 §1; repealed by 2005 c.746 §4]
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[Repealed or reserved.]
ORS 811.015 Failure to obey traffic patrol member; penalty. (1) The driver of a vehicle commits the offense of failure to obey a traffic patrol member if
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(a) A traffic patrol member makes a cautionary sign or signal to indicate that students have entered or are about to enter the crosswalk under the traffic patrol member’s direction; and (b) The driver does not stop and remain stopped for students who are in or entering the crossw…
ORS 811.017 Failure to yield to traffic patrol member; penalty. (1) The driver of a vehicle commits the offense of failure to yield to a traffic patrol member if the driver fails to stop and yield the right of way to a traffic patrol member who
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(a) Has entered a crosswalk for the purpose of directing students who have entered or are about to enter the crosswalk; and (b) Is carrying a flag or wearing something that identifies the person as a traffic patrol member. (2) For purposes of this section, “traffic patrol” has th…
ORS 811.020 Passing stopped vehicle at crosswalk; penalty. (1) The driver of a vehicle commits the offense of passing a stopped vehicle at a crosswalk if the driver
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(a) Approaches from the rear another vehicle that is stopped at a marked or an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway; and (b) Overtakes and passes the stopped vehicle. (2) The offense described in this section, passing a stopped vehicle…
ORS 811.025 Failure to yield to pedestrian on sidewalk; penalty. (1) The driver of a vehicle commits the offense of failure to yield to a pedestrian on a sidewalk if the driver does not yield the right of way to any pedestrian on a sidewalk
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(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]
ORS 811.028 Failure to stop and remain stopped for pedestrian; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is
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(a) Proceeding in accordance with a traffic control device as provided under ORS 814.010 or crossing the roadway in a crosswalk; and (b) In any of the following locations: (A) In the lane in which the driver’s vehicle is traveling; (B) In a lane adjacent to the lane in which the …
ORS 811.030 Driving through safety zone; penalty. (1) The driver of a vehicle commits the offense of driving through a safety zone if the driver at any time drives through or within any area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone
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(2) The offense described in this section, driving through a safety zone, is a Class B traffic violation. [1983 c.338 §548; 1995 c.383 §43]
ORS 811.035 Failure to stop and remain stopped for pedestrian who has limited vision or is blind; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian who has limited vision or a pedestrian who is blind if the driver violates any of the following
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(a) A driver approaching a pedestrian who has limited vision or a pedestrian who is blind or deaf-blind, who is carrying a white cane or accompanied by a dog guide, and who is crossing or about to cross a roadway, shall stop and remain stopped until the pedestrian has crossed the…
ORS 811.040 [1983 c.338 §550; 1985 c.16 §281; 2003 c.278 §4; repealed by 2005 c.746 §4]
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[Repealed or reserved.]
ORS 811.045 [1983 c.338 §551; 2003 c.278 §5; repealed by 2005 c.746 §4]
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[Repealed or reserved.]
ORS 811.050 Failure to yield to rider on bicycle lane; penalty. (1) A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, electric personal assistive mobility device, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane
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(2) This section does not require a person operating a moped to yield the right of way to a bicycle or a motor assisted scooter if the moped is operated on a bicycle lane in the manner permitted under ORS 811.440. (3) The offense described in this section, failure of a motor vehi…
ORS 811.055 Failure to yield to bicyclist on sidewalk; penalty. (1) The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any bicyclist on a sidewalk
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(2) The driver of a motor vehicle is not in violation of this section when a bicyclist is operating in violation of ORS 814.410. Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care. (3) The offense described in this section, failur…
ORS 811.059 Milkman Mike Act. ORS 811.060 shall be known and may be cited as the Milkman Mike Act. [2017 c.388 §3]
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Note: 811.059 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 811 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 811.060 Vehicular assault; penalty. (1) For the purposes of this section, “recklessly” has the meaning given that term in ORS 161.085
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(2) A person commits the offense of vehicular assault if: (a) The person recklessly operates a vehicle upon a highway in a manner that results in contact between the person’s vehicle and: (A) A bicycle operated by a person; (B) A person operating a bicycle; (C) A motorcycle opera…
ORS 811.065 Unsafe passing of person operating bicycle; penalty. (1) A driver of a motor vehicle commits the offense of unsafe passing of a person operating a bicycle if the driver violates any of the following requirements
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(a) The driver of a motor vehicle may only pass a person operating a bicycle by driving to the left of the bicycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle. For the purposes of this paragraph, a “safe d…
ORS 811.100 Violation of basic speed rule; penalty. (1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following
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(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 described in this section: (a) The offense is as applicable on an alley as on an…
ORS 811.105 Speeds that are evidence of basic rule violation. (1) Any speed in excess of a designated speed posted by authority granted under ORS 810.180 is prima facie evidence of violation of the basic speed rule under ORS 811.100
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(2) If no designated speed is posted by authority granted under ORS 810.180, any speed in excess of one of the following speeds is prima facie evidence of violation of the basic speed rule: (a) Fifteen miles per hour when driving on an alley or a narrow residential roadway. (b) T…
ORS 811.106 [1995 c.558 §2; 1997 c.682 §4; 2003 c.397 §7; 2003 c.819 §§7,7a,7b; renumbered 810.243 in 2011]
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[Repealed or reserved.]
ORS 811.108 Relationship between speed limits and basic rule. (1) The speed limits established by ORS 811.111 do not authorize speeds higher than those required for compliance with the basic speed rule
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(2) The basic speed rule does not authorize speeds higher than those established as speed limits by ORS 811.111. [1987 c.887 §5; 2003 c.819 §8] (Maximum Speeds)
ORS 811.109 Penalties for speed violations. (1) Violation of a specific speed limit imposed under law or of a posted speed limit is punishable as follows
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(a) One to 10 miles per hour in excess of the speed limit is a Class D traffic violation. (b) 11 to 20 miles per hour in excess of the speed limit is a Class C traffic violation. (c) 21 to 30 miles per hour in excess of the speed limit is a Class B traffic violation. (d) Over 30 …
ORS 811.110 [1983 c.338 §565; 1987 c.887 §11; 1991 c.185 §9; 1995 c.383 §15; 2001 c.176 §6; 2003 c.402 §36; repealed by 2003 c.819 §§19,20]
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[Repealed or reserved.]
ORS 811.111 Violating a speed limit; penalty. (1) A person commits the offense of violating a speed limit if the person
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(a) Drives a vehicle on an interstate highway, except for the portions of interstate highway described in subsection (2) of this section, at a speed greater than 65 miles per hour or, if a different speed is posted under ORS 810.180, at a speed greater than the posted speed. (b) …
ORS 811.112 [1987 c.887 §4; 1995 c.383 §16; repealed by 2003 c.819 §19]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 811.120 [1983 c.338 §567; 1987 c.887 §13; 1995 c.383 §18; repealed by 2003 c.819 §19]
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[Repealed or reserved.]
ORS 811.122 [1989 c.592 §2; repealed by 1991 c.728 §6]
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[Repealed or reserved.]
ORS 811.123 [1991 c.728 §2; 1995 c.383 §19; 1995 c.558 §4; 1997 c.404 §6; 1997 c.438 §4; 2003 c.397 §8; repealed by 2003 c.819 §§19,21]
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[Repealed or reserved.]
ORS 811.124 Meaning of “children are present” in ORS 811.111. For purposes of ORS 811.111, children are present at any time and on any day when
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(1) Children are: (a) Occupying or walking within a crosswalk described in ORS 801.462 (1)(b); or (b) Waiting on the curb or shoulder of the highway at a crosswalk described in ORS 801.462 (1)(b); or (2) A traffic patrol member provided under ORS 339.650 to 339.665 is present to …
ORS 811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved
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(a) A speed competition or contest. (b) An acceleration contest. (c) A test of physical endurance. (d) An exhibition of speed or acceleration. (e) The making of a speed record. (f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to …
ORS 811.127 Organizing a speed racing event; penalty. (1) Except as provided in subsection (2) of this section, a person commits the offense of organizing a speed racing event if the person, to facilitate or aid another individual who is participating in an activity described in ORS 811.125 or 811.140 (1)(b)
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(a) Obstructs or places a barricade on a highway; or (b) Assists in placing an obstruction or barricade upon a highway. (2) A person who organizes a speed racing event is not in violation of this section if the person has a permit from the road authority for the highway on which …
ORS 811.130 Impeding traffic; penalty. (1) A person commits the offense of impeding traffic if the person drives a motor vehicle or a combination of motor vehicles in a manner that impedes or blocks the normal and reasonable movement of traffic
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(2) A person is not in violation of the offense described under this section if the person is proceeding in a manner needed for safe operation. (3) Proceeding in a manner needed for safe operation includes but is not necessarily limited to: (a) Momentarily stopping to allow oncom…
ORS 811.135 Careless driving; penalty. (1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property
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(2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class …
ORS 811.140 Reckless driving; penalty. (1) A person commits the offense of reckless driving if the person
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(a) Recklessly drives a vehicle upon a highway or premises open to the public in a manner that endangers the safety of persons or property; or (b) Operates a vehicle on a highway or premises open to the public and, in the presence of two or more persons assembled for the purpose …
ORS 811.145 (1) A person commits the offense of failure to yield to an emergency vehicle, organ transport vehicle or ambulance if an ambulance, organ transport vehicle or emergency vehicle that is using a visual or audible signal in a manner described under ORS 820.300 and 820.320 approaches the vehicle the person is operating and the person does not do all of the following
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(a) Yield the right of way to the ambulance, organ transport vehicle or emergency vehicle. (b) Immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the roadway clear of any intersection. (c) Stop and remain in such position until the …
ORS 811.147 Failure to maintain safe distance from motor vehicle; penalty. (1) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from a motor vehicle if the person approaches a motor vehicle that is stopped and is displaying required warning lights or hazard lights, or a person is indicating distress by using emergency flares or posting emergency signs, and the person operating the motor vehicle
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(a) On a highway having two or more lanes for traffic in a single direction, fails to: (A) Make a lane change to a lane not adjacent to that of the stopped motor vehicle; or (B) Reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed …
ORS 811.150 (1) A person commits the offense of interference with an emergency vehicle, organ transport vehicle or ambulance if the person does any of the following
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(a) Drives a vehicle following at a distance closer than 500 feet any emergency vehicle, organ transport vehicle or ambulance that is traveling in response to a fire alarm or emergency. (b) Drives or parks a vehicle in a manner that interferes with the emergency vehicle, organ tr…
ORS 811.155 Failure to stop for bus safety lights; exemptions; penalty. (1) A driver commits the offense of failure to stop for bus safety lights if the driver meets or overtakes from either direction any vehicle that is stopped on a roadway and that is operating red bus safety lights described under ORS 816.260 and the driver does not
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(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 described in this section: (a) The offense described in this section does not apply if the vehicle operating the bus safety li…
ORS 811.156 School buses; stop arm cameras; citation based on cameras; response to citation. (1) As used in this section and ORS 811.158
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(a) “Education provider” means: (A) A school district as defined in ORS 332.002; (B) An entity that is a provider under the Oregon Prenatal to Kindergarten Program or other public early learning and preschool programs established under ORS 329.172 to 329.200; (C) The Oregon Schoo…
ORS 811.157 Report by driver of violation of ORS 811.155; contents. (1) The driver of a school bus, worker transport bus or a bus issued a permit under ORS 818.260 may report a violation of ORS 811.155 to the local law enforcement agency having jurisdiction over the area where the violation is alleged to have occurred
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(2) A report under subsection (1) of this section shall be made within 72 hours of the alleged violation and shall contain: (a) The date and time of day of the alleged violation; (b) The name of the street on which the bus was traveling at the time of the alleged violation and ei…
ORS 811.158 School buses; stop arm cameras; disbursement of moneys received from payment of fines. After a city or county receives moneys under ORS 153.633 or 153.640, as a result of a conviction of failure to stop for bus safety lights, in violation of ORS 811.155, the city or county shall disburse all of the moneys to an education provider if
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(1) The citation was issued on the basis of evidence provided by a stop arm camera; and (2) The education provider had the stop arm camera installed. [2025 c.198 §3] Note: 811.158 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to O…
ORS 811.159 Law enforcement agency response to report of violation of ORS 811.155. Upon receipt of a report containing the information required by ORS 811.157 (2), the law enforcement agency shall determine the name and address of the registered owner of the vehicle and shall send the registered owner a letter informing the owner that the vehicle was observed violating ORS 811.155. The letter shall include, at a minimum, information from the report filed under ORS 811.157 specifying the time and place of the alleged violation. [1987 c.654 §3]
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[Repealed or reserved.]
ORS 811.160 Interference with rail fixed guideway public transportation system operation; penalty. (1) A person commits the offense of interference with rail fixed guideway public transportation system operation if the person does any of the following
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(a) Drives any vehicle in front of a rail fixed guideway public transportation system vehicle upon a track and the person fails to remove the person’s vehicle from the track as soon as practicable after signal from the operator of the rail fixed guideway public transportation sys…
ORS 811.165 Failure to stop for passenger loading of public transit vehicle; penalty. (1) A person commits the offense of failure to stop for passenger loading of a public transit vehicle if the person is the driver of a vehicle overtaking a public transit vehicle described in this section that is stopped or about to stop for the purpose of receiving or discharging any passenger and the person does not
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(a) Stop the overtaking vehicle to the rear of the nearest running board or door of the public transit vehicle; and (b) Keep the vehicle stationary until all passengers have boarded or alighted therefrom and reached a place of safety. (2) This section applies to the following pub…
ORS 811.167 Failure to yield right of way to transit bus; rules; penalty. (1) A person commits the offense of failure to yield the right of way to a transit bus entering traffic if the person does not yield the right of way to a transit bus when
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(a) A yield sign as described in subsection (2) of this section is displayed on the back of the transit bus; (b) The person is operating a vehicle that is overtaking the transit bus from the rear of the transit bus; and (c) The transit bus, after stopping to receive or discharge …
ORS 811.168 Unlawful fender height modifications; penalty. (1) A person commits the offense of unlawful fender height modifications if the person operates a motor vehicle on a highway and the motor vehicle has been modified by any means so as to cause the height of the front fender to be four or more inches greater than the height of the rear fender, as measured vertically from the ground through the centerline of the wheel to the bottom of the fender
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(2) The offense described in this section does not apply when a motor vehicle is carrying a load that causes the height of the front fender to be four or more inches greater than the height of the rear fender. (3) The offense described in this section, unlawful fender height modi…
ORS 811.170 Violation of open container law; penalty. (1) A person commits the offense of violation of the open container law in a motor vehicle if the person does any of the following
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(a) Drinks any alcoholic liquor in a motor vehicle when the vehicle is upon a highway. (b) Possesses on one’s person, while in a motor vehicle upon a highway, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the cont…
ORS 811.172 Improperly disposing of human waste; penalty. (1) A person commits the offense of improperly disposing of human waste if the person is operating or riding in a motor vehicle and the person throws, puts or otherwise leaves a container of urine or other human waste on or beside the highway
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(2) The offense described in this section, improperly disposing of human waste, is a Class A misdemeanor. [1999 c.670 §2; 2011 c.597 §305] DRIVING WHILE SUSPENDED OR REVOKED
ORS 811.175 Violation driving while suspended or revoked; penalties. (1) A person commits the offense of violation driving while suspended or revoked if the person does any of the following
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(a) Drives a motor vehicle upon a highway during a period when the person’s driving privileges or right to apply for driving privileges have been suspended or revoked in this state by a court or by the Department of Transportation. (b) Drives a motor vehicle outside the limitatio…
ORS 811.180 Affirmative defenses. The following establishes affirmative defenses in prosecutions for driving while suspended or revoked in violation of ORS 811.175 or 811.182 and describes when the affirmative defenses are not available
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(1) In addition to other defenses provided by law, including but not limited to ORS 161.200, it is an affirmative defense to the offenses described in ORS 811.175 and 811.182 that: (a) An injury or immediate threat of injury to a human being or animal, and the urgency of the circ…