Bill Text: OR SB424 | 2011 | Regular Session | Enrolled
Bill Title: Relating to pedestrians; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-24 - Effective date, June 23, 2011. [SB424 Detail]
Download: Oregon-2011-SB424-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 424
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to pedestrians; creating new provisions; amending ORS
811.028, 811.035 and 814.070; repealing sections 3, 6 and 7,
chapter 47, Oregon Laws 2008; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 811.028 is amended to read:
811.028. (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:
(a) Proceeding in accordance with a traffic control device as
provided under ORS 814.010 or crossing the roadway in a crosswalk
{ - , as defined in ORS 801.220 - } ; 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 driver's
vehicle is traveling;
(C) In the lane into which the driver's vehicle is turning;
(D) In a lane adjacent to the lane into which the driver's
vehicle is turning, if the driver is making a turn at an
intersection that does not have a traffic control device under
which a pedestrian may proceed as provided under ORS 814.010; or
(E) Less than six feet from the lane into which the driver's
vehicle is turning, if the driver is making a turn at an
intersection that has a traffic control device under which a
pedestrian may proceed as provided under ORS 814.010.
(2) For the purpose of this section, a bicycle lane or the part
of a roadway where a vehicle stops, stands or parks that is
adjacent to a lane of travel is considered to be part of that
adjacent lane of travel.
(3) This section does not require a driver to stop and remain
stopped for a pedestrian under any of the following
circumstances:
(a) Upon a roadway with a safety island, if the driver is
proceeding along the half of the roadway on the far side of the
safety island from the pedestrian; or
(b) Where a pedestrian tunnel or overhead crossing has been
provided at or near a crosswalk.
Enrolled Senate Bill 424 (SB 424-A) Page 1
{ + (4) For the purposes of this section, a pedestrian is
crossing the roadway in a crosswalk when any part or extension of
the pedestrian, including but not limited to any part of the
pedestrian's body, wheelchair, cane, crutch or bicycle, moves
onto the roadway in a crosswalk with the intent to proceed. + }
{ - (4) - } { + (5) + } The offense described in this
section, failure to stop and remain stopped for a pedestrian, is
a Class B traffic violation.
SECTION 2. ORS 811.035 is amended to read:
811.035. (1) The driver of a vehicle commits the offense of
failure to stop and remain stopped for a pedestrian who is blind
if the driver violates any of the following:
(a) A driver approaching a pedestrian who is blind or blind and
deaf, 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 roadway.
(b) Where the movement of vehicular traffic is regulated by
traffic control devices, a driver approaching a pedestrian who is
blind or blind and deaf shall stop and remain stopped until the
pedestrian has vacated the roadway if the pedestrian has entered
the roadway and is carrying a white cane or is accompanied by a
dog guide. This paragraph applies notwithstanding any other
provisions of the vehicle code relating to traffic control
devices.
(2) This section is subject to the provisions and definitions
relating to the rights of pedestrians who are blind or blind and
deaf under ORS 814.110.
{ + (3) For the purposes of this section, a pedestrian is
crossing the roadway when any part or extension of the
pedestrian, including but not limited to any part of the
pedestrian's body, wheelchair, cane, crutch, bicycle or leashed
animal, moves onto the roadway with the intent to proceed. + }
{ - (3) - } { + (4) + } The offense described in this
section, failure to stop and remain stopped for a pedestrian who
is blind, is a Class B traffic violation.
SECTION 3. ORS 814.070, as amended by section 2, chapter 47,
Oregon Laws 2008, and section 3, chapter 547, Oregon Laws 2009,
is amended to read:
814.070. (1) A pedestrian commits the offense of pedestrian
with improper position upon or improperly proceeding along a
highway if the pedestrian does any of the following:
(a) Takes a position upon or proceeds along and upon the
roadway where there is an adjacent usable sidewalk or shoulder.
(b) Does not take a position upon or proceed along and upon the
shoulder, as far as practicable from the roadway edge, on a
highway that has an adjacent shoulder area on one or both sides.
(c) Except in the case of the divided highway, does not take a
position upon or proceed along and upon the left shoulder and as
far as practicable from the roadway edge on a two-way highway
that has no sidewalk and that does have an adjacent shoulder
area. This paragraph does not apply to:
(A) A hitchhiker who takes a position upon or proceeds along
and upon the right shoulder so long as the hitchhiker does so
facing the vehicles using the adjacent lane of the roadway; or
(B) A member of a group that has adopted that section of
highway under the provisions of ORS 366.158 who is obeying the
rules of the Department of Transportation for picking up litter
or removing noxious weeds on either side of the roadway.
(d) Does not take a position upon or proceed along and upon the
right highway shoulder, as far as practicable from the roadway
Enrolled Senate Bill 424 (SB 424-A) Page 2
edge, on a divided highway that has no sidewalk and does have a
shoulder area. This paragraph does not apply to a member of a
group that has adopted that section of highway under the
provisions of ORS 366.158 who is obeying the rules of the
Department of Transportation for picking up litter or removing
noxious weeds on either side of the roadway.
(e) Fails to take a position upon or proceed along and upon a
highway that has neither sidewalk nor shoulder available, as near
as practicable to an outside edge of the roadway, and, if the
roadway is a two-way roadway, only on the left side of it.
(2) This section is subject to the provisions of ORS 814.100.
{ + (3) A pedestrian does not commit the offense of
pedestrian with improper position upon or improperly proceeding
along a highway if the pedestrian:
(a) Does not impede traffic or create a traffic hazard;
(b) Posts advance warning signs in compliance with standards
adopted by the Oregon Transportation Commission under ORS
810.200;
(c) Wears high-visibility safety apparel in compliance with
standards adopted by the Oregon Transportation Commission under
ORS 810.200; and
(d) Has a permit or belongs to a group that has a permit issued
under section 5, chapter 47, Oregon Laws 2008. + }
{ - (3) - } { + (4) + } The offense described in this
section, pedestrian with improper position upon or improperly
proceeding along a highway, is a Class D traffic violation.
SECTION 4. { + Sections 3, 6 and 7, chapter 47, Oregon Laws
2008, are repealed. + }
SECTION 5. { + If this 2011 Act does not become effective
until after July 1, 2011, any permit issued under section 5,
chapter 47, Oregon Laws 2008, by a road authority after July 1,
2011, but before the effective date of this 2011 Act is
valid. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by Senate May 5, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 14, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 424 (SB 424-A) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 424 (SB 424-A) Page 4
