ORS Chapter 810

Chapter 810 — RoadAuthorities; Courts; Police; Other Enforcement Officials

 

2009 EDITION

 

 

ENFORCEMENTOFFICIALS

 

OREGONVEHICLE CODE

 

ROADAUTHORITIES

 

(Jurisdiction)

 

810.010     Jurisdictionover highways; exception

 

810.012     Jurisdictionover access to facilities and services from certain roads; rules

 

(Roads)

 

810.020     Regulatinguse of throughway

 

810.030     Impositionof restrictions on highway use; grounds; procedure; penalties

 

810.040     Designationof truck routes; limitations

 

810.050     Increaseor decrease in size or weight limits on highways if federal mandate allows orrequires; rules

 

810.060     Increasein weight or size if highway found capable of supporting increase; rules

 

810.070     Useof golf carts on highways; rules

 

810.080     Pedestriantraffic

 

810.090     Bicycleracing

 

810.100     Restrictionof animal traffic to bridle paths

 

810.110     Designationof through highways and stop intersections

 

810.120     Designationof no passing zones

 

810.130     One-wayhighways; safety zones; turns

 

810.140     Designationof exclusive use lanes

 

810.150     Drainconstruction; compliance with bicycle safety requirements; guidelines

 

(Parking)

 

810.160     Controllingparking on highways; limitations

 

810.170     Winterrecreation parking locations; plowing; priorities; enforcement

 

(Speeds)

 

810.180     Designationof maximum speeds; rules

 

(TrafficControl Devices)

 

810.200     Uniformstandards for traffic control devices; uniform system of marking and signinghighways

 

810.210     Placementand control of traffic control devices

 

810.212     Requirementsfor certain speed limit signs

 

810.214     Signsprohibiting unmuffled engine brakes

 

810.220     Exemptionfrom traffic control device specifications

 

810.230     Unlawfulsign display; exceptions; penalty

 

810.240     Unlawfulinterference with traffic control device or railroad sign; penalty

 

810.245     Signsgiving notice of consequences of traffic offenses committed in school zones

 

810.250     Useof traffic control device placement or legibility as evidence

 

810.260     Standardsfor installation, operation and use of traffic control signal operatingdevices; rules

 

COURTS

 

(Securityfor Appearance)

 

810.300     Securityfor appearance on traffic crime

 

810.310     Useof license as security deposit

 

810.320     Useof guaranteed arrest bond certificate as security deposit

 

810.330     Useof automobile membership card as security deposit

 

(Jurisdictionand Procedures)

 

810.340     Proceedings;jurisdiction of financial responsibility requirements and suspension

 

810.350     Proceduresfor overloading and certain other violations

 

(Court-RelatedOffenses)

 

810.365     Failureto appear on certain parking offenses

 

(Records)

 

810.370     Courtto forward traffic conviction records to department; exceptions

 

810.375     Dutiesof judges or court clerks

 

POLICE

 

(GeneralAuthority)

 

810.400     Uniformor badge required

 

810.410     Arrestand citation

 

810.415     Removalof vehicles, cargo or debris from roadway after accident

 

810.420     Useof speed measuring device; citation; training

 

810.425     Procedurein certain parking cases

 

810.430     Movementof illegally parked vehicles

 

(PhotoRed Light)

 

810.434     Photored light; operation; evaluation

 

810.435     Useof photographs

 

810.436     Citationsbased on photo red light; response to citation

 

(PhotoRadar)

 

810.438     Photoradar authorized; evaluation

 

810.439     Citationsbased on photo radar; response to citation

 

(Temporaryprovisions relating to the use of photo radar within highway work zones arecompiled as notes following ORS 810.439)

 

(Securityfor Appearance)

 

810.440     Securityfor appearance of person arrested for traffic crime

 

810.450     Securityfor appearance of person issued citation

 

(AccidentReports)

 

810.460     Officer’saccident report; use

 

(Stopsand Inspections)

 

810.480     Inspectionsinvolving vehicle dealers and dismantlers

 

810.490     Weighingand measuring vehicles; citation; reduction of load

 

810.500     Stoppingand testing vehicles for equipment violations

 

810.510     Statepolice inspection for mechanical condition and equipment

 

810.520     Vehiclerepair warning

 

OTHERENFORCEMENT OFFICIALS

 

810.530     Authorityof weighmasters and motor carrier enforcement officers

 

810.540     Enforcementof snowmobile and all-terrain vehicles violations by persons other than policeofficers

 

810.550     Authorityof railroad officers to move illegally parked vehicles

 

810.560     Certificationand training of commercial vehicle inspectors

 

ROADAUTHORITIES

 

(Jurisdiction)

 

      810.010Jurisdiction over highways; exception. This section designates the bodiesresponsible for exercising jurisdiction over certain highways when the vehiclecode requires the exercise of jurisdiction by the road authority. This sectiondoes not control where a specific section of the vehicle code specificallyprovides for exercising jurisdiction in a manner different than provided bythis section. Except as otherwise specifically provided under the code, theresponsibilities designated under this section do not include responsibilityfor maintenance. Responsibility for maintenance is as otherwise provided bylaw. The following are the road authorities for the described roads:

      (1)The Department of Transportation is the road authority for all state highwaysin this state including interstate highways.

      (2)The county governing body is the road authority for all county roads outsidethe boundaries of an incorporated city.

      (3)The governing body of an incorporated city is the road authority for allhighways, roads, streets and alleys, other than state highways, within theboundaries of the incorporated city.

      (4)Any other municipal body, local board or local body is the road authority forhighways, other than state highways, within its boundaries if the body or boardhas authority to adopt and administer local police regulations over the highwayunder the Constitution and laws of this state.

      (5)Any federal authority granted jurisdiction over federal lands within this stateunder federal law or rule is the road authority for highways on those lands asprovided by the federal law or rule. [1983 c.338 §145; 1985 c.16 §45]

 

      810.012Jurisdiction over access to facilities and services from certain roads; rules. Notwithstandingany other provision of the Oregon Vehicle Code, the Oregon TransportationCommission, by rule, may establish procedures for, and certify to the FederalHighway Administration compliance with, Federal Regulation 23 C.F.R. part 658for roads under the authority of cities and counties. [1991 c.283 §2]

 

(Roads)

 

      810.020Regulating use of throughway. (1) Each road authority may prohibit orrestrict the use of a throughway in its jurisdiction by any of the following:

      (a)Parades.

      (b)Bicycles or other nonmotorized traffic.

      (c)Motorcycles or mopeds.

      (2)Regulation under this section becomes effective when appropriate signs givingnotice of the regulation are erected upon a throughway and the approaches tothe throughway.

      (3)Penalties for violation of restrictions or prohibitions imposed under thissection are provided under ORS 811.445.

      (4)The Oregon Transportation Commission shall act as road authority under thissection in lieu of the Department of Transportation. [1983 c.338 §146]

 

      810.030Imposition of restrictions on highway use; grounds; procedure; penalties. (1) A roadauthority may impose restrictions described under this section on its ownhighways as the road authority determines necessary to do any of the following:

      (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 thefollowing:

      (a)Prohibition of the operation of any or all vehicles or any class or kind ofvehicle.

      (b)Imposing limits on any weight or dimension of any vehicle or combination ofvehicles.

      (c)Imposing any other restrictions that the road authority determines necessary toachieve the purposes of this section. This paragraph does not grant authorityto impose speed restrictions.

      (3)Any restrictions or limitations imposed under this section must be imposed byproper order. The restrictions or limitations are effective when appropriatesigns giving notice of the restrictions or limitations are erected. A signgiving notice of a restriction or limitation in an order shall be maintained ina conspicuous manner and shall be placed at each end of the highway or sectionof highway affected by the order and at such other places as is necessary toinform the public.