Bill Text: OR SB424 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2799

                         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)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Clarifies that pedestrian is crossing roadway when any part or
extension of pedestrian's body moves onto roadway with intent to
proceed.

                        A BILL FOR AN ACT
Relating to pedestrians; amending ORS 811.028 and 811.035.
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.
   { +  (4) 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. + }
    { - (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.
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