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.