Bill Text: OR HB2265 | 2013 | Regular Session | Enrolled
Bill Title: Relating to use of photo radar in highway work zones.
Spectrum: Unknown
Status: (Passed) 2013-06-13 - Chapter 373, (2013 Laws): Effective date January 1, 2014. [HB2265 Detail]
Download: Oregon-2013-HB2265-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2265
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Department of Transportation)
CHAPTER ................
AN ACT
Relating to use of photo radar in highway work zones; amending
sections 4 and 5, chapter 634, Oregon Laws 2007; and repealing
section 6, chapter 634, Oregon Laws 2007.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 4, chapter 634, Oregon Laws 2007, is amended
to read:
{ + Sec. 4. + } (1) The Department of Transportation may
operate photo radar within a highway work zone that is located on
a state highway { - , except for a highway work zone located on
an interstate highway - } . { + The photo radar unit may be
operated only:
(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 unit must be located on the same
roadway where highway workers are present.
(b) When the configuration of the roadway is temporarily
changed, including but not limited to temporary changes made to
the number of usable lanes, lane width, shoulder width or
curvature of the roadway. The photo radar unit may not be
operated in a location more than 100 yards from where the
configuration of the roadway is temporarily changed and, in the
case of a divided state highway, the photo radar unit must be
located on the same roadway where the highway configuration is
temporarily changed. + }
(2) The department, at its own cost, may ask a jurisdiction
authorized to operate photo radar under ORS 810.438 (1) or the
Oregon State Police to operate a photo radar unit in a highway
work zone on a state highway { - , except for a highway work
zone located on an interstate highway - } .
(3) A photo radar unit operated under this section may not be
used unless a sign is posted announcing that photo radar is in
use. The sign posted under this subsection must be all of the
following:
(a) Located on the state highway on which the photo radar unit
is being used.
(b) Between 100 and 400 yards before the location of the photo
radar unit.
Enrolled House Bill 2265 (HB 2265-A) Page 1
(4) The department shall, once each biennium, conduct a process
and outcome evaluation for the purposes of subsection (5) of this
section that includes:
(a) The effect of the use of photo radar on traffic safety;
(b) The degree of public acceptance of the use of photo radar;
and
(c) The process of administration of the use of photo radar.
(5) The department shall report to the Legislative Assembly by
March 1 of each odd-numbered year.
(6) As used in this section, 'highway work zone' has the
meaning given that term in ORS 811.230.
SECTION 2. Section 5, chapter 634, Oregon Laws 2007, is amended
to read:
{ + Sec. 5. + } (1) Notwithstanding any other provision of
law, when a jurisdiction or the Oregon State Police uses photo
radar in a highway work zone:
(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 speed of the vehicle is
displayed within 150 feet of the location of the photo radar
unit.
(D) The citation is mailed to the registered owner of the
vehicle within six business days of the alleged violation.
(E) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.
{ - (F) One or more highway workers are present. For the
purposes of this subparagraph, 'highway workers' has the meaning
given that term in ORS 811.230. - }
{ + (F)(i) One or more highway workers, as defined in ORS
811.230, are present and the photo radar unit is operated within
100 yards from where highway workers are present and located on
the same roadway where highway workers are present; or
(ii) The configuration of the roadway is temporarily changed
within the highway work zone, including but not limited to
temporary changes made to the number of usable lanes, lane width,
shoulder width or curvature of the roadway, and the photo radar
unit is operated within 100 yards from where the configuration of
the roadway is temporarily changed and located on the same
roadway where the highway configuration is temporarily
changed. + }
(G) The jurisdiction operating photo radar complies with the
requirements described in { - section 4 of this 2007 Act - }
{ + section 4, chapter 634, Oregon Laws 2007 + }.
(b) A rebuttable presumption exists that the registered owner
of the vehicle was the driver of the vehicle when the citation is
issued and delivered as provided in this section.
(c) A person issued a citation under this subsection may
respond to the citation by submitting a certificate of innocence
or a certificate of nonliability under subsection (3) of this
section or may make any other response allowed by law.
(2) A citation issued on the basis of photo radar may be
delivered by mail or otherwise to the registered owner of the
vehicle or to the driver. The citation may be prepared on a
digital medium and the signature may be electronic in accordance
with the provisions of ORS 84.001 to 84.061.
Enrolled House Bill 2265 (HB 2265-A) Page 2
(3)(a) A registered owner of a vehicle may respond by mail to a
citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a
certificate of innocence swearing or affirming that the owner was
not the driver of the vehicle and by providing a photocopy of the
owner's driver license. A jurisdiction that receives a
certificate of innocence under this paragraph shall dismiss the
citation without requiring a court appearance by the registered
owner or any other information from the registered owner other
than the swearing or affirmation and the photocopy. The citation
may be reissued only once, only to the registered owner and only
if the jurisdiction verifies that the registered owner appears to
have been the driver at the time of the violation. A registered
owner may not submit a certificate of innocence in response to a
reissued citation.
(b) If a business or public agency responds to a citation
issued under subsection (1) of this section by submitting, within
30 days from the mailing of the citation, a certificate of
nonliability stating that at the time of the alleged speeding
violation the vehicle was in the custody and control of an
employee, or was in the custody and control of a renter or lessee
under the terms of a rental agreement or lease, and if the
business or public agency provides the driver license number,
name and address of the employee, renter or lessee, the citation
shall be dismissed with respect to the business or public agency.
The citation may then be issued and delivered by mail or
otherwise to the employee, renter or lessee identified in the
certificate of nonliability.
(4) If the person named as the registered owner of a vehicle in
the current records of the Department of Transportation fails to
respond to a citation issued under subsection (1) of this
section, a default judgment under ORS 153.102 may be entered for
failure to appear after notice has been given that the judgment
will be entered.
(5) The penalties for and all consequences of a speeding
violation initiated by the use of photo radar are the same as for
a speeding violation initiated by any other means.
(6) A registered owner, employee, renter or lessee against whom
a judgment for failure to appear is entered may move the court to
relieve the registered owner, employee, renter or lessee from the
judgment as provided in ORS 153.105 if the failure to appear was
due to mistake, inadvertence, surprise or excusable neglect.
(7) As used in this section, 'highway work zone' has the
meaning given that term in ORS 811.230.
SECTION 3. { + Section 6, chapter 634, Oregon Laws 2007, is
repealed. + }
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Enrolled House Bill 2265 (HB 2265-A) Page 3
Passed by House February 28, 2013
Repassed by House June 5, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 3, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2265 (HB 2265-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2265 (HB 2265-A) Page 5
