Chapter 811 — Chapter 811
201 sections in this chapter.
ORS 811.182 Criminal driving while suspended or revoked; penalties. (1) A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 and the suspension or revocation is one described in this section, or if the hardship permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section
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(2) Affirmative defenses to the offense described in this section are established under 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 revocation resulted from any degree of murder, man…
ORS 811.183 Department of Transportation data; admission into evidence in prosecution. A court shall, at the request of a party to a prosecution for driving while suspended or revoked in violation of ORS 811.175 or 811.182, admit into evidence data prepared or recorded by the Department of Transportation that details the suspension of a person’s driving privileges. [2024 c.63 §10]
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Note: 811.183 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 811.185 [1983 c.338 §600; 1985 c.16 §306; repealed by 1991 c.208 §1]
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DRIVER OFFENSES INVOLVING PASSENGERS
ORS 811.190 Operation with obstructing passenger; penalty. (1) A person commits the offense of driver operation with obstructing passenger if the person is operating a vehicle when another person is in the operator’s lap or in the operator’s embrace
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(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]
ORS 811.193 Smoking, aerosolizing or vaporizing in motor vehicle when child is present; penalty. (1)(a) A person commits the offense of smoking, aerosolizing or vaporizing in a motor vehicle if the person smokes or uses an inhalant delivery system in a motor vehicle while a person under 18 years of age is in the motor vehicle
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(b) As used in this subsection: (A) “Smokes” means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance; and (B) “Uses an inhalant delivery system” means to use an inhalant delivery system, as defined in…
ORS 811.195 Having passenger in trailer; penalty. (1) A person commits the offense of having a passenger in a trailer if the person operates a vehicle on a highway while towing any type of trailer that contains a passenger
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(2) This section does not apply if the person is operating any of the following vehicles: (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 the following: (A) Safety glazing mate…
ORS 811.200 Carrying dog on external part of vehicle; penalty. (1) A person commits the offense of carrying a dog on the external part of a vehicle if the person carries a dog upon the hood, fender, running board or other external part of any automobile or truck that is upon a highway unless the dog is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle
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(2) The offense described in this section, carrying dog on external part of vehicle, is a Class D traffic violation. [1983 c.338 §603; 1995 c.383 §52]
ORS 811.205 Carrying minor on external part of vehicle; penalty. (1) A person commits the offense of carrying a minor on an external part of a motor vehicle if the person carries any person under 18 years of age upon the hood, fender, running board or other external part of any motor vehicle that is upon a highway
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(2) For purposes of this section, the open bed of a motor vehicle is an external part of a motor vehicle. (3) A person does not commit the offense described in this section if the person: (a) Is carrying a minor in the open bed of a motor vehicle and the minor is secured with a s…
ORS 811.207 Legislative findings regarding restraint of children in motor vehicles. The Legislative Assembly finds that
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(1) Oregon drivers look to the law in deciding how to restrain and protect children in motor vehicles. (2) The proper restraint of children in motor vehicles will reduce the number of children killed in motor vehicle accidents and reduce the severity of injuries to children who s…
ORS 811.210 Failure to properly use safety belts; penalty. (1)(a) Except as provided in ORS 811.215, a person commits the offense of failure to properly use safety belts if the person
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(A) Operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section. (B) Is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child w…
ORS 811.215 Exemptions from safety belt requirements. ORS 811.210 does not apply to
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(1) Privately owned commercial vehicles that are being used for the transportation of persons for compensation or profit. The exemption in this subsection does not apply to any of the following: (a) Motor carriers, as defined in ORS 825.005, when operating in interstate commerce.…
ORS 811.220 Certificates of exemption from safety belt requirement. The Director of Transportation shall issue a certificate of exemption required under ORS 811.215 for any person on whose behalf a statement signed by a physician, nurse practitioner or physician associate is presented to the Department of Transportation. For a physician’s, nurse practitioner’s or physician associate’s statement to qualify under this section, the physician, nurse practitioner or physician associate giving the statement must set forth reasons in the statement why use of a child safety system, safety belt or safety harness by the person would be impractical or harmful to the person by reason of physical 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; 2015 c.109 §1; 2024 c.73 §167]
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[Repealed or reserved.]
ORS 811.225 Failure to maintain safety belts in working order; penalty. (1) The registered owner of a motor vehicle commits the offense of failure of an owner to maintain safety belts in working order if
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(a) The vehicle is equipped with safety belts or safety harnesses that meet the standards established under ORS 815.055; and (b) The owner fails to maintain the safety belts or safety harnesses in a condition that will enable occupants of all seating positions equipped with safet…
ORS 811.230 Definitions; fine; notice. (1) As used in ORS 811.230, 811.231, 811.232 and 811.233
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(a) “Flagger” means a person who controls the movement of vehicular traffic through construction projects using sign, hand or flag signals. (b) “Highway work zone” means an area identified by advance warning where road construction, repair or maintenance work is being done by hig…
ORS 811.231 Reckless endangerment of highway workers; penalties. (1) A person commits the offense of reckless endangerment of highway workers if the person drives a motor vehicle in a highway work zone in such a manner as to endanger persons or property or if the person removes, evades or intentionally strikes a traffic control device in a highway work zone
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(2) Reckless endangerment of highway workers is a Class A misdemeanor. In addition to any other penalty, a person convicted of reckless endangerment of highway workers is subject to suspension of driving privileges as provided in ORS 809.411 (6). [1995 c.253 §3; 1997 c.83 §4; 200…
ORS 811.232 Refusing to obey flagger; penalty. (1) A person commits the offense of refusing to obey a flagger if the person intentionally and unreasonably disobeys a lawful order by a flagger relating to driving a motor vehicle in a highway work zone
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(2) Refusing to obey a flagger is a Class A traffic violation. [1995 c.253 §4]
ORS 811.233 Failure to yield right of way to highway worker; penalty. (1) A person commits the offense of failure to yield the right of way to a highway worker who is a pedestrian if the person is operating a motor vehicle in a highway work zone and does not yield the right of way to a highway worker who is a pedestrian
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(2) The provisions of ORS 814.040 and 814.070 regarding pedestrians do not apply to pedestrians described in subsection (1) of this section. (3) The offense described in this section, failure to yield the right of way to a highway worker who is a pedestrian, is a Class B traffic …
ORS 811.235 Fine for traffic offenses in school zones. (1)(a) If signs authorized by ORS 810.245 are posted, the presumptive fine for a person charged with an offense that is listed in subsection (2)(a) or (b) of this section and that is committed in a school zone shall be the amount established under ORS 153.020 for the offense
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(b) If signs authorized by ORS 810.245 are posted, the minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (2)(c) to (g) of this section and that is committed in a school zone is 20 percent of the maximum fine established for the offense. (c)…
ORS 811.250 Law applicable to vehicles registered out of state. Any out-of-state registered vehicle is subject to all laws, rules and regulations governing the operation of such vehicles on the highways of this state. [1983 c.338 §606; 1985 c.401 §15]
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[Repealed or reserved.]
ORS 811.255 Permitting unlawful operation of vehicle; penalty. (1) A person who is an owner, lessor or lessee of a motor vehicle or who employs or otherwise directs the driver of a motor vehicle, commits the offense of permitting the unlawful operation of a vehicle if the person knowingly permits or requires the operation of the vehicle in violation of any of the following
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(a) The rules of the road. (b) The laws governing equipment of motor vehicles. (c) The laws governing weight of motor vehicles. (d) The laws governing operator driving privileges. (e) The laws governing registration or titling of vehicles. (2) The offense described in this sectio…
ORS 811.260 Appropriate driver responses to traffic control devices. Except as provided in ORS 811.265 (2), a driver is in violation of ORS 811.265 if the driver makes a response to traffic control devices that is not permitted under the following
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(1) Green signal. A driver facing a green light may proceed straight through or turn right or left unless a sign at that place prohibits either turn. A driver shall yield the right of way to other vehicles within the intersection at the time the green light is shown. (2) Green ar…
ORS 811.265 (1) A person commits the offense of driver failure to obey a traffic control device if the person drives a vehicle and the person does any of the following
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(a) Fails to obey the directions of any traffic control device. (b) Fails to obey any specific traffic control device described in ORS 811.260 in the manner required by that section. (2) A person is not subject to this section if the person is doing any of the following: (a) Foll…
ORS 811.270 Failure to obey one-way designation; penalty. (1) A person commits the offense of failure to obey a one-way designation if the person is operating a vehicle and the person proceeds upon a roadway designated for one-way traffic in a direction other than that indicated by a traffic control device
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(2) The offense described in this section, failure to obey a one-way designation, is a Class B traffic violation. [1983 c.338 §610] (Right of Way)
ORS 811.275 Failure to yield right of way at uncontrolled intersection; penalty. (1) A person commits the offense of failure to yield the right of way at an uncontrolled intersection if the person is operating a motor vehicle that is approaching an uncontrolled highway intersection and the person does not look out for and give right of way to any driver on the right simultaneously approaching a given point, regardless of which driver first reaches and enters the intersection
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(2) This section is subject to the described provisions of the following sections: (a) The provisions of ORS 811.260, relating to stop signs and yield signs. (b) The provisions of ORS 811.285, relating to the requirements to yield the right of way upon entering a freeway or other…
ORS 811.277 Failure to yield right of way at uncontrolled T intersection; penalty. (1) A person commits the offense of failure to yield the right of way at an uncontrolled T intersection if the person is operating a motor vehicle on a highway that ends at an uncontrolled T intersection and the person does not yield the right of way to any driver who is on the highway at the top of the T intersection
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(2) As used in this section and ORS 811.275: (a) “T intersection” means an intersection at which one highway is perpendicular to another and at which one of the highways ends. (b) “Top of the T intersection” means the highway that does not end at the junction of two highways. (3)…
ORS 811.280 Failure of driver entering roadway to yield right of way; penalty. (1) A person commits the offense of failure of a driver entering a roadway to yield the right of way if the person
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(a) Is operating a vehicle that is about to enter or cross a roadway from any private road, driveway, alley or place other than another roadway; and (b) Does not yield the right of way to any vehicle approaching on the roadway to be entered or crossed so closely as to constitute …
ORS 811.285 Failure of merging driver to yield right of way; penalty. (1) A person commits the offense of failure of a merging driver to yield the right of way if the person is operating a vehicle that is entering a freeway or other arterial highway where an acceleration or merging lane is provided for the operator’s use and the operator does not look out for and give right of way to vehicles on the freeway or other arterial highway
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(2) The offense described in this section, failure of a merging driver to yield the right of way, is a Class B traffic violation. [1983 c.338 §613; 1995 c.383 §55]
ORS 811.290 Obstructing cross traffic; penalty. (1) A person commits the offense of obstructing cross traffic if the person is operating a vehicle and the person enters an intersection or a marked crosswalk when there is not sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians
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(2) The offense described in this section applies whether or not a traffic control device indicates to proceed. (3) The offense described in this section, obstructing cross traffic, is a Class D traffic violation. [1983 c.338 §614; 1995 c.383 §56]
ORS 811.292 Failure to yield right of way within roundabout; exception; penalty. (1) A person commits the offense of failure to yield right of way within a roundabout if the person operates a motor vehicle upon a multilane circulatory roadway and
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(a) Overtakes or passes a commercial motor vehicle; (b) Drives alongside a commercial motor vehicle; or (c) Does not yield the right of way to a second vehicle lawfully exiting the roundabout from a position ahead and to the left of the person’s vehicle. (2) This section does not…
ORS 811.295 Failure to drive on right; exceptions; penalty. (1) A person commits the offense of failure to drive on the right if the person is operating a vehicle on a roadway of sufficient width and the person does not drive on the right half of the roadway
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(2) A person is not required to drive on the right side of the roadway by this section under any of the following circumstances: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement in ORS 811.410 to 811.425 or 8…
ORS 811.300 Failure to drive on right of approaching vehicle; exceptions; penalty. (1) A person commits the offense of failure to drive on the right of an approaching vehicle if the person is operating a vehicle upon a roadway having width for not more than one lane of traffic in each direction and the person does not
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(a) Pass to the right of any other vehicle proceeding on the roadway in the opposite direction; and (b) Give to the other at least one-half of the main traveled portion of the roadway as nearly as possible. (2) This section does not apply to a person operating a vehicle as otherw…
ORS 811.305 Driving on left on curve or grade or at intersection or rail crossing; exceptions; penalty. (1) A person commits the offense of driving on the left on a curve or grade or at an intersection or rail crossing if the person is operating a vehicle upon any two-way roadway where traffic is permitted to move in both directions simultaneously and the person drives on the left side of the center of the roadway
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(a) Upon any part of a grade or upon a curve in the roadway where the driver’s view is obstructed for such a distance as to create a hazard in the event another vehicle might approach from the opposite direction; (b) When approaching an intersection or railroad grade crossing whe…
ORS 811.310 Crossing center line on two-way, four-lane road; exceptions; penalty. (1) A person commits the offense of crossing the center line on a two-way, four-lane road if the person is operating a vehicle on a two-way roadway that has four or more lanes for moving traffic and the person drives to the left of the center line of the roadway
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(2) A person is not prohibited from driving to the left of the center line of a roadway by this section under the following circumstances: (a) When authorized by a traffic control device designating certain lanes to the left side of the center of the roadway for use by traffic. (…
ORS 811.315 Failure of slow driver to drive on right; exceptions; penalty. (1) A person commits the offense of failure of a slow driver to drive on the right if the person is operating a vehicle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing and the person fails to drive
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(a) In the right-hand lane available for traffic; or (b) As close as practicable to the right-hand curb or edge of the roadway. (2) This section does not apply under any of the following circumstances: (a) When overtaking and passing another vehicle proceeding in the same directi…
ORS 811.320 Failure to drive to right on divided highway; exceptions; penalty. (1) A person commits the offense of failure to drive to the right on a divided highway if the person is operating a vehicle upon a highway divided into two or more roadways by means of an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic and the person does not drive only upon the right-hand roadway
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(2) This section does not apply if a person is operating a vehicle in accordance with traffic control devices or the directions of a police officer that differ from the requirements of this section. (3) The offense described in this section, failure to drive to the right on a div…
ORS 811.325 Failure to keep camper, trailer or truck in right lane; exceptions; penalty. (1) A person commits the offense of failure to keep a camper, trailer or truck in the right lane if the person is operating any of the vehicles described in this subsection and the person does not drive in the right lane of all roadways having two or more lanes for traffic proceeding in a single direction. This subsection applies to all of the following vehicles
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(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 described vehicles to be driven in the right lane under any of the following circumstances: (a) When overtaking and passing a…
ORS 811.330 Driving wrong way around traffic island; penalty. (1) A person commits the offense of driving the wrong way around a traffic island if the person is operating a vehicle and the person drives the vehicle around a rotary traffic island in any direction except to the right of the island
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(2) The offense described in this section, driving the wrong way around a traffic island, is a Class B traffic violation. [1983 c.338 §622] (Turning)
ORS 811.335 Unlawful or unsignaled turn; penalty. (1) A person commits the offense of making an unlawful or unsignaled turn if the person is operating a vehicle upon a highway and the person turns the vehicle right or left when
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(a) The movement cannot be made with reasonable safety; or (b) The person fails to give an appropriate signal continuously during not less than the last 100 feet traveled by the vehicle before turning. (2) Appropriate signals for use while turning are as designated under ORS 811.…
ORS 811.340 Improperly executed left turn; penalty. (1) A person commits the offense of making an improperly executed left turn if the person operates a vehicle and is intending to turn the vehicle to the left and the person does not
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(a) Approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the turning vehicle; (b) Make the left turn to the left of the center of the intersection whenever practicable; and (c) Except as otherwise allowed by ORS 811.34…
ORS 811.345 Failure to use special left turn lane; penalty. (1) A person commits the offense of failure to use a special left turn lane if the person is operating a vehicle where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by traffic control devices and the person turns the vehicle left from any other lane
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(2) The offense described in this section, failure to use special left turn lane, is a Class B traffic violation. [1983 c.338 §625; 1995 c.383 §61]
ORS 811.346 Misuse of special left turn lane; penalty. (1) A person commits the offense of misuse of a special left turn lane if the person uses a special left turn lane for anything other than making a left turn either into or from the special left turn lane
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(2) A person who turns into a special left turn lane from an alley, driveway or other entrance to the highway that has the special left turn lane is in violation of this section if the person does anything other than stop in the lane and merge into traffic in the lane immediately…
ORS 811.350 Dangerous left turn; penalty. (1) A person commits the offense of making a dangerous left turn if the person
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(a) Is operating a vehicle; (b) Intends to turn the vehicle to the left within an intersection or into an alley, private road, driveway or place from a highway; and (c) Does not yield the right of way to a vehicle approaching from the opposite direction that is within the interse…
ORS 811.355 Improperly executed right turn; penalty. (1) A person commits the offense of making an improperly executed right turn if the person is operating a vehicle, is intending to turn the vehicle to the right and does not proceed as close as practicable to the right-hand curb or edge of the roadway
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(a) In making the approach for a right turn; and (b) In making the right turn. (2) The offense described in this section, improperly executed right turn, is a Class B traffic violation. [1983 c.338 §627; 1995 c.383 §62]
ORS 811.360 Vehicle turns permitted at stop light; proceeding against traffic control device; improperly proceeding at stop light; penalty. (1) The driver of a vehicle, subject to this section, who is intending to turn at an intersection where there is a traffic control device showing a steady circular red signal, a steady red bicycle signal or a steady red arrow signal may do any of the following without violating ORS 811.260 and 811.265
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(a) Make a right turn into a two-way street. (b) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street. (2) In addition to the provisions of subsection (1) of this section, a bicyclist or motorcyclist does not violate ORS 811.260 and …
ORS 811.365 Illegal U-turn; penalty. (1) A person commits the offense of making an illegal U-turn if the person is operating a vehicle and the person turns the vehicle so as to proceed in the opposite direction in any of the following places
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(a) Within an intersection where traffic is controlled by an electrical signal. This paragraph does not apply where posted otherwise. (b) Upon a highway within the limits of an incorporated city between intersections. (c) At any place upon a highway where the vehicle cannot be se…
ORS 811.370 Failure to drive within lane; exception; penalty. (1) Except as provided in subsection (2) of this section, a person commits the offense of failure to drive within a lane if the person is operating a vehicle upon a roadway that is divided into two or more clearly marked lanes for traffic and the driver does not
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(a) Operate the vehicle as nearly as practicable entirely within a single lane; and (b) Refrain from moving from that lane until the driver has first made certain that the movement can be made with safety. (2) A person who operates a commercial motor vehicle within a multilane ro…
ORS 811.375 Unlawful or unsignaled change of lane; penalty. (1) A person commits the offense of unlawful or unsignaled change of lanes if the person is operating a vehicle upon a highway and the person changes lanes by moving to the right or left upon the highway when
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(a) The movement cannot be made with reasonable safety; or (b) The driver fails to give an appropriate signal continuously during not less than the last 100 feet traveled by the vehicle before changing lanes. (2) Appropriate signals for use while changing lanes are as designated …
ORS 811.380 Improper use of center lane on three-lane road; penalty. (1) A person commits the offense of improper use of the center lane on a three-lane road if the person is operating a vehicle upon a roadway divided into three clearly marked lanes for traffic with two-way movement of traffic permitted on the roadway and the person operates the vehicle in the center lane under any circumstances other than as permitted under the following
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(a) The driver may drive in the center lane when the center lane is allocated exclusively to traffic moving in the same direction that the driver is proceeding by a traffic control device directing the lane allocation. (b) The driver may drive in the center lane when the driver i…
ORS 811.385 Depriving motorcycle or moped of full lane; penalty. (1) A person commits the offense of depriving a motorcycle or moped of a full lane if the person operates a motor vehicle upon a roadway laned for traffic in a manner that prevents a moped operator or motorcyclist from full use of a lane
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(2) This section does not apply to operators of motorcycles or mopeds whose use of lanes is controlled by ORS 814.240 and 814.250. (3) The offense described in this section, depriving a motorcycle or moped of a full lane, is a Class B traffic violation. [1983 c.338 §685] (Signali…
ORS 811.390 Unlawful use of lights to signal for passing; penalty. (1) A person commits the offense of unlawful use of lights to signal for passing if the person is operating a vehicle and the person flashes any lights as a courtesy or “do pass” signal to other drivers approaching from the rear
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(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]