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Speed Racing
July, 2009
Consider the following facts from a recent trial in our court: “Dan” was stopped at a red light late at night on a city street in his new car. The speed limit was 40 mph and there were no other cars in the vicinity. When the light turned green, Dan leaned hard on the gas pedal and accelerated rapidly, but he didn’t lose control of his vehicle or exceed the speed limit.
A police officer observed the incident and issued Dan a citation under an Oregon statute that prohibits “Speed racing on a highway” (ORS 811.125), a serious traffic violation subject to a maximum fine of $720 plus court costs and assessments. Dan entered a plea of “not guilty.”
At his trial, Dan testified: “But I wasn’t even speeding, and there were no other cars around.” Two of his passengers corroborated Dan’s testimony, and the citing officer agreed.
The result? Dan was found guilty and fined even though he wasn’t racing another vehicle and never went above the posted limit. Why? Because his jackrabbit start violated a subsection of the “speed racing” law that prohibits “an exhibition of speed or acceleration.”
Oregon’s “speed racing” statute is complicated, with seven subsections. In addition to the subsection that Dan violated, it also prohibits:
- A traditional drag race, which is defined as two or more vehicles accelerating “from a point side by side” in a “competitive attempt to outdistance each other.”
- Any other speed or acceleration contest;
- Any test of a driver’s physical endurance or stamina, such as stage rallies over defined long-distance routes; or,
- Attempting to make a speed record.
Fortunately, drivers in Tigard are rarely cited under the portion of the law that bans
drag racing—an extremely dangerous activity on any public street. However, drivers like
Dan need to be aware that any form of horseplay on the highway can be unsafe and may
result in a costly citation.
Texting and Phoning Behind the Wheel
June, 2009
Oregon legislators are considering several bills that would prohibit the use of mobile communication devices while driving, including hand-held cell phones and text messaging. Under current law, these limitations apply only to drivers under 18.
Any distraction from the road ahead increases reaction time if an unexpected situation develops. Even necessary distractions, like checking mirrors, can add a full second to the 1.5 seconds needed to react to an emergency and apply the brakes. Cautious drivers will increase following distances to make up for the delayed reaction times caused by such unavoidable distractions.
Cell phones and other mobile devices can create far more dangerous, but quite avoidable, distractions. Even with speed dialing, drivers are momentarily distracted. Dialing a 10-digit number can require more than a second for each entry. Text messaging is even more hazardous for reasons that scarcely need to be listed.
The proposed Oregon legislation is based on years of research that documents the risks of mobile devices. For example, a Harvard study concluded that cell phone use while driving was the primary cause of collisions that resulted in 2,600 fatalities and 12,000 serious injuries per year. The National Safety Council supports a total ban on cell phone use, even if hands-free, comparing the dangers to driving while intoxicated.
As legislators consider pending bills, statutes are already in place that may apply to driving while cell phoning or texting. Oregon’s Careless Driving law, for example, prohibits “driving in a manner that endangers or would be likely to endanger any person or property.” The base fine is $250, or $450 if there’s a collision.
Criminal laws may apply as well. Texting can lead to charges of reckless driving or worse. In one recent Utah case, a 19-year-old man was convicted of criminally negligent homicide after he drove into an oncoming lane and killed two people in another car. Subpoenaed records showed that he and a friend exchanged 11 text messages right before the collision.
Merging
May, 2009
Let’s say you’re entering a typical urban freeway that’s congested with rush-hour traffic. You find that your acceleration lane is nearly empty for hundreds of yards before it merges with the right lane. What’s the best way to enter the flow of traffic in this situation?
You have two options:
- You can try to merge quickly into the left lane, slowing if necessary until someone lets you enter. In so doing, you may risk blocking (and annoying) drivers behind you and slowing traffic even further. Or,
- You can continue down the highway until you near the end of your lane, hoping to gain some precious time by passing some of your “competition.”
While there’s a natural tendency to view the “late mergers” as aggressive and unethical cheats, a traffic engineer might argue that they help everyone by making the most efficient use of all the available highway space. An empty lane isn’t doing its share of moving traffic towards its destination. Nonetheless, other drivers are likely to view late merging as a provocation, sometimes leading to serious incidents of road rage.
If drivers choose late merging and no one allows them to enter, they risk crossing over the fog line onto the shoulder at the “pinch point,” a violation of Oregon law. If drivers cut off another vehicle while merging, they disobey another requirement to “refrain from moving from [a] lane until the driver has first made certain that the movement can be made with safety.” Each violation is subject to a $250 base fine.
The Oregon Driver Manual offers this advice: “If you are entering a freeway from a merging lane, you must yield to traffic already on the freeway. If you already are on the freeway, you are obligated to help merging traffic. Adjust your speed to permit a safe, smooth merge.” This ideal of seamless “zippering” requires a level of cooperation and communication that Oregon drivers should cultivate.
Red Means Stop
April, 2009
Oregon drivers faced with an amber traffic light are required to stop, with only one exception: if they are unable to stop safely, drivers may proceed “cautiously” through the intersection. However, that exception doesn’t apply to red lights, where a full stop is always required.
The Insurance Institute for Highway Safety estimates that drivers who failed to obey traffic lights caused 171,000 collisions in the U.S. during 2005, resulting in 887 fatalities and 144,000 injuries. In urban areas, it’s the leading cause of fatal collisions, primarily due to the special dangers posed by broadside (“T-bone”) impacts. Since fewer than half of all vehicles are equipped with side-curtain airbags, head trauma is the most common cause of death or injury.
Red-light violations are often intentional, the result of drivers accelerating when faced with a “stale” amber light. According to one study reported in the Ladies Home Journal, a red-light violation occurs, on average, once in every three cycles of a traffic light. The most common reason, according to the researcher, was that drivers were “in a hurry.” In a 2002 national survey, one in five drivers admitted to disobeying a red light in the last ten intersections they crossed.
Not surprisingly, heavy traffic volumes are closely associated with higher frequencies of red-light violations. The reason seems clear enough: impatient drivers seek to minimize the delays caused by traffic lights, especially if they’ve already had to sit through one or more cycles at a congested intersection. These drivers may feel that they’ve “paid their dues” and don’t deserve to sit through yet another cycle.
Finally, Oregon drivers are permitted to turn right after stopping at a red light if they can do so safely. The law clearly defines “stop” as the “complete cessation from movement.” My own observation is that many drivers don’t bother to complete the required stop before turning. They should: all traffic-light violations are subject to a base fine of $250.
Source: Ladies Home Journal
Are You Moving? If So, Tell DMV!
March, 2009
Oregon drivers and vehicle owners are required to change their addresses with DMV no later than 30 days after relocating. Violations are subject to a base fine of $100.
While this requirement may seem unimportant, failure to comply can lead to serious consequences. Consider this example:
Suppose that “Don” moves and changes his address at the post office, but neglects to directly notify DMV. A few months later, he’s involved in a minor collision. The drivers exchange the required information but don’t file an accident report with DMV because it appears that neither car sustained more than $1,500 in property damage.
A few days later, though, the other driver learns that the damage to her vehicle exceeded $1,500. She then files a report, triggering a requirement that Don do the same. So DMV sends a letter informing Don that his right to drive in Oregon will be suspended if he doesn’t file his report by a specified date.
But Don never gets the letter, since DMV never received notice of his address change. So Don doesn’t file the report and DMV suspends his license. He is also suspended for a full year because DMV assumes that he was an uninsured driver when the collision occurred.
Don remains blissfully unaware of these problems. But then, a couple months later, he’s stopped for driving with expired tags. The result? A citation charging him with driving while suspended ($450 base fine), expired registration ($100), and failure to change his address for his license ($100) and registration ($100). And his car is impounded, at an additional cost of $250 plus storage fees.
As a result of his simple failure to change his address with DMV, Don faces base fines totaling $750. In court, Don can’t claim the “lack of notice” defense if he failed to inform DMV of an address change.
Enough said. The change of address form is available at DMV offices and
online at: www.oregon.gov/ODOT/DMV/dv/chgaddress.shtml
All About WES
February, 2009
Beginning this month, TriMet’s Westside Express Service (WES) commuter rail line will connect downtown Tigard with the Beaverton Transit Center and Wilsonville. Commuter trains will run every half hour on weekdays during the morning and afternoon rush hours and can reach speeds up to 60 mph.
The Tigard Transit Center will provide over 100 free “Park & Ride” spaces for cars, with racks and lockers for bicycles. WES will provide a convenient and efficient alternative to I-5 and Highway 217.
The WES tracks, which will continue to be used by freight trains, cross 40 intersections on the 15-mile route. Each crossing will be protected by sophisticated gates that will reduce delays and the potential for conflicts with vehicle and pedestrian traffic. However, motorists, bicyclists and pedestrians need to be aware that trains can require 18 football fields or more to come to a stop.
Oregon’s Rules of the Road impose some common-sense requirements for railroad crossings:
- Stop immediately when you encounter signal lights and a lowering crossing gate. Don’t try to beat a train or drive around gates. WES trains move very quickly, so any delay will likely be brief.
- Be aware that certain vehicles, including school buses and “high-risk” trucks, are required to stop before crossing railroad tracks. Don’t tailgate.
- In heavy traffic, don’t attempt to cross tracks unless you’re certain that there’s sufficient space for your vehicle on the other side without blocking trains. A train may not be able to stop before colliding with a car that’s stranded on the tracks.
Violation of these rules may subject drivers and bicyclists to a base fine of $250.
If you’re stopped in a line of cars at a lowered gate, remember that Oregon law strictly limits U-turns in urban areas, including all U-turns “between intersections.” Be patient.
WES trains, like their cousins on the MAX lines, are very quiet. Be aware and follow this basic safety rule: Always expect a train.
Oregon’s Graduated Driver’s License
January, 2009
As a 16-year-old, many years ago, I only had to jump two hurdles to get a full driver’s license: completing a driver’s education program and passing a DMV exam. Despite my inexperience, my new license gave me the same driving privileges that my parents and other adults enjoyed.
Since then, Oregon and most other states have adopted graduated licensing (GL) programs that impose restrictions on teen drivers. Oregon law now limits the hours when teens may drive, the number and ages of their passengers, and their use of cell phones and text messaging.
GL is based on a vast body of research that shows elevated risks for teen drivers and their passengers. While teenagers have certain advantages over older drivers, including quicker reaction times and better eye-hand coordination, those advantages are offset by inexperience and social or developmental factors. Nationwide studies show that:
- For each mile driven, drivers aged 16-19 are four times more likely to crash their vehicles than older drivers. The risk is even higher during nighttime hours and weekends.
- Nearly 5,000 teenagers were victims of fatal crashes in 2007. About two-thirds of the victims were male drivers and their male passengers.
- Most teenage passenger deaths in 2007 occurred in vehicles driven by another teenager.
- 16-year-old drivers are twice as likely to be involved in a crash as 18-19 year-olds.
- Three out of four fatal crashes involving 16-year-olds are the result of driver error, far higher than the rate for older drivers.
- About 40% of fatal crashes involving 16-year-olds are caused by speeding, nearly twice the rate for older drivers.
GL is intended to reduce these disproportionately high rates of teen crashes, injuries and fatalities. And it seems to be working: since 2000, when GL was adopted in Oregon, the number of fatalities and crashes has decreased by about one-third.
[Data Sources: The Oregon Parent Guide to Teen Driving and the Highway Loss Data Institute]
Doing the Math
December 2008
About 45% of drivers fail to fully comply with stop signs, resulting in more than 700,000 collisions each year, according to various nationwide studies. Since these collisions are often broadside, about one-third result in injuries and more than 3,000 are fatal.
Under Oregon law, a “stop” is defined as “the complete cessation from movement.” A “rolling stop,” commonly known as a “California stop,” clearly doesn’t conform to that requirement. After you make a full stop, you’re also required to yield to other vehicles “in the intersection or approaching so closely as to constitute an immediate hazard” before proceeding.
Stop signs and traffic lights slow us down and frustrate our natural desire to make rapid progress toward our destinations. Haste, and the frustration caused by delays, are major contributing factors in numerous traffic violations and many of the 160,000 reportable collisions that occur in Oregon each year.
How much time do drivers actually save by disobeying stop signs? Not much, if you do the math. Suppose you encounter an average of a dozen stop signs each day. Assume that you perform a “California stop” at jogging speed (about 5 m.p.h.) at each one. How much time do you gain? Less than a minute per day.
A full stop is also required before turning right on a red light, where it’s permitted. Many pedestrians are injured by drivers who look to the left, but fail to check the crosswalk to the right, before making their turn.
By fully complying with stop signs and traffic lights, you can reinforce safe driving habits and avoid a $250 ticket. A lawful stop allows you to carefully scan the intersection and assess the speed and intentions of approaching vehicles, bicycles and pedestrians before proceeding.
By obeying stop signs and traffic signals, drivers lose very little time and substantially increase the margin of safety for themselves and everyone else on our streets.
[Data Source: National Traffic Highway Safety Administration]
Driving and Alcohol Don’t Mix
November, 2008
[Data Source: Traffic, by John Vanderbilt (2008)]
Alcoholic beverages are a traditional part of many holiday celebrations. Despite massive publicity about the dangers of alcohol, many motorists remain convinced that they can drive safely after a few drinks because they’re not “drunk.”
Oregon law prohibits “Driving Under the Influence of Intoxicants” (DUII), not “drunk driving.” Drivers can be DUII without being “drunk” or “intoxicated” in the usual sense. In fact, a driver is considered DUII if a breath test reveals a blood-alcohol concentration (BAC) of 0.08% or higher. Alcohol or drug impairment can also be shown by standard field-sobriety tests like walking a straight line.
Decades ago, Oregon lowered its BAC limit from 0.10% to 0.08%. But a BAC of 0.08% may still be too high for safe driving. One study showed that the risk of collision increases with BAC levels as low as 0.02%, one-fourth the legal limit. A driver’s skills may be impaired by BAC levels far below what we ordinarily consider “drunkenness.”
The risk of alcohol-related collisions is greatly increased between 8 p.m. and 5 a.m. on Fridays and Saturdays and on holidays. Drivers above the legal BAC limit are thirteen times more likely to be involved in fatal collisions than sober drivers during those hours. Even drivers with legally-permissible BAC levels (under 0.08%) are seven times more likely to be involved in fatal crashes than nondrinking drivers.
A first conviction for DUII in Oregon can result in a maximum sentence of a year in jail, a $6,250 fine (or $10,000 if a minor was in the car) and a 1-year license suspension. For drivers under 21, Oregon has a “zero-tolerance” standard: any BAC level above 0.00% results in a lengthy license suspension even if there’s no DUII conviction.
Does $6,250 sound like an unreasonable fine for driving under the influence? Not when you consider that two economists, adding up the actual costs imposed by DUII drivers nationally, estimate that a more appropriate fine would be $8,000.
Mobile Communications and Driving
October, 2008
With 130,000 cell phone towers spread across the landscape, drivers can now make calls from most highways in the U.S. The convenience of mobile communications is irresistible, even in heavy traffic. At any given time, a significant percentage of drivers will be involved in cell phone conversations for either business or pleasure.
Drivers using cell phones are distracted by the process of dialing (or text-messaging) and the conversation itself. Without both hands on the steering wheel, their ability to respond to an emergency may also be reduced.
Studies Show...
Numerous studies have documented the impacts of cell phone use on collision rates. A Utah study, for example, suggests that drivers on cell phones may be more impaired than those with blood alcohol levels above the legal limit of 0.08%. In response, some states, including Washington and California, have prohibited cell phone use without a hands-free device. Oregon now forbids cell phone use by new drivers under 18.
But is hands-free cell phone use really safer?
Some persuasive studies show that it’s not: the greater distraction may be the conversation itself. When a driver is talking to a passenger, the flow of the conversation can respond to traffic conditions in subtle ways. That advantage is lost with cell phones. “A hands-free phone,” according to one study, is simply “not any safer.”
Lawmakers have to balance the obvious advantages of mobile communications with safety considerations, including the greater risk of collisions.
Meanwhile, a major U.S. auto manufacturer plans to offer mobile Wi-Fi and internet access in its 2009 models. While this high level of connectivity could benefit children and other passengers, it will also tempt many drivers. We don’t need a study to predict the result if significant numbers of drivers start using the internet in their “mobile offices.”
Oregon law doesn’t specifically address cell phone or laptop use by adult drivers. However, inattentive drivers could be cited for Careless Driving, which carries a base fine of $250 (or $450 if there is a collision).
School Zones and School Buses
September, 2008
Q. When do I have to stop for school buses?
A. When a school bus flashes its orange lights you should prepare to stop whether you’re following or approaching the bus. When the red lights and stop arm are activated, you must stop immediately and remain stopped until the lights go off and the arm is retracted.
The rule applies on highways with two or more lanes, including Pacific Highway in Tigard, unless there’s an unpaved median strip or a barrier that divides the roadway. Violations are subject to a base fine of $450. Violation details can be found on the city’s web.
Q. What are the penalties for school-zone speeding violations?
A. Fines double. For example, the base fine for speeding 11-20 mph over the limit is $220.
Q. What is the school-zone speed limit and when does it apply?
A. The speed for designated school zones is 20 mph. It applies whenever:
- A yellow flashing light on a school speed-limit sign indicates that children may be arriving at or leaving school; OR
- A sign indicates that you’re entering a school zone and it’s between the hours of 7 a.m. and 5 p.m. on a day when school is in session.
- If you’re not sure whether “school is in session,” reduce your speed to 20 mph as a precaution.
Q. What about school crosswalks?
A. The 20 mph speed limit also applies at marked “school crosswalks” if children are present OR if there’s a flashing light that indicates children may be arriving at or leaving school. Note that a marked “school crosswalk” may not be adjacent to school grounds.
Q. What does “when children are present” at a crosswalk mean?
A. Children are “present” under Oregon law when:
- Children are “occupying or walking within a crosswalk;” OR,
- Children are “waiting on the curb or shoulder of the highway at a crosswalk;” OR
- When a “traffic patrol member is present to assist children” at a crosswalk.
Distractions on the Road
August, 2008
Traffic “accidents” are extremely rare. Vehicle collisions, on the other hand, are all too common. What’s the difference?
Most dictionaries define accident with terms like “lack of intention,” “unexpected” or “anything that happens by chance.” Lightning strikes, for example, are very rare in western Oregon and could be considered true accidents. But vehicle collisions are, almost without exception, the result of someone’s negligence or inattention.
Drivers cited for following too closely, for example, often argue that they didn’t “intend” to tailgate the vehicle that they rear-ended. Often they were distracted for only a few seconds, maybe to answer a cellphone or change stations on the radio. When they glanced back at the road, traffic had stopped unexpectedly.
Depending on road and traffic conditions, a few seconds of inattention may prevent a driver from braking in time to avoid a crash. It’s entirely foreseeable that a distracted driver could have a collision. Under Oregon law, that’s negligence (and a violation of the Rules of the Road) rather than a random accident. Nearly all accidents are the result of negligence or a related failure to comply with traffic laws.
Studies have shown that distracted drivers cause anywhere from 25 to 50% of vehicle collisions. Common distractions include driver fatigue, rubbernecking to look at collisions, sightseeing, other passengers or children, tinkering with electronic entertainments (radios, CD players, iPods), eating and drinking, cellphones and text-messaging, smoking and, incredibly enough, reading (maps, books, newspapers).
Cellphone use alone quadruples the risk of collisions, and Oregon law now prohibits their use (as well as text-messaging) by drivers under 18 who have a provisional license or permit. Predictably, the use of alcohol or drugs impairs coordination and intensifies the effects of any distractions.
Our preference for the word “accident” is unfortunate. It minimizes personal responsibility for collisions that might have been avoided through the exercise of due care. Let’s start talking about “collisions” and how best to avoid them.
Nuisance Code Violations
July, 2008
Like most cities in Oregon, Tigard has a municipal code that requires property owners
to prevent neighborhood nuisances that may be unsightly or create health and safety
hazards. Nuisances can arise throughout the year, but vegetation problems are
greatest during the growing season.
What are some typical neighborhood nuisances under the Tigard Municipal Code (TMC)?
- Noxious vegetation such as grass or weeds more than 10 inches in height, whether in yards or on parking strips along the right-of-way.
- Blackberry bushes that extend over a property line or right-of-way.
- Vegetation that impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.
- Trees that pose a safety hazard or tree branches or bushes that interfere with street or sidewalk traffic. Trees should be trimmed to a height of at least 8 feet above the sidewalk and 10 feet above the street.
- Accumulations of debris, rubbish, garbage or other materials that are unsanitary, unsightly or unsafe or create offensive odors detectable beyond the property line.
According to the TMC, the following items must be stored in an enclosed storage facility,
building or garbage receptacle?
- Inoperable, partially dismantled automobiles, trucks, bus, trailer or other vehicle equipment or parts that are in a state of disrepair.
- Used or dismantled household appliances, furniture, other discards or junk.
Who may be responsible for violations of the nuisance code?
A responsible party is any person charged with curing or remedying a nuisance,
including the property’s owner, tenant, person having possession or any other
person in control of the property on behalf of the owner such as an agent or manager.
What are the penalties for violations?
If a person is found to be in violation, a judge can impose a maximum penalty of $250 for each day a violation exists. The code does not require a warning before a citation
to appear in court is issued. Click here
for more details.
Sharing the Streets with Bicyclists
June, 2008
Bicycles are subject to the same traffic laws as motorized vehicles. But in any encounter with a fast-moving car weighing a ton or more, cyclists are vulnerable to serious or fatal injuries.
Motorists need to be aware of the following:
- “Right-hook” and “left-hook” collisions: Drivers can easily underestimate the speed of bicycles. A common cause of collisions is the failure of drivers to check the position of a bicycle after passing it. A cyclist may catch up to a car as it makes a turn, cutting off the bicycle and causing a dangerous collision. The risk is increased when the driver fails to signal a turn at least 100 feet in advance.
- Basic courtesy: Drivers should give cyclists as much room as safety allows, refrain from blowing horns and never tailgate.
- Car doors: Cyclists are frequently injured in collisions with car doors. Drivers and passengers should always check the adjacent travel lane or bike lane before opening doors. Cyclists don’t always have the option of safely riding outside the “door zone.”
- Crosswalks: Cyclists are entitled to use crosswalks in the same manner as pedestrians. On busy arterials like Tigard’s Pacific Highway, they may provide the safest way to cross.
Cyclists, in turn, should respect:
- Traffic-control devices: Cyclists are required to obey traffic lights and stop signs.
- Defensive riding: Cyclists need to anticipate the risks described above. Not all drivers obey the law.
- Visibility: Bright, reflective clothing and lights are essential. The sooner a driver becomes aware of a cyclist’s presence, the easier it is to avoid dangerous encounters.
- Scanning: Like motorists, cyclists should constantly scan their surroundings for potential dangers like speeding or turning vehicles and opening car doors. Be aware of escape routes in case of an emergency.
Here’s a workable rule of thumb for everyone:
If in doubt, yield—even if you have the legal right-of-way.
Thanks to the Bicycle Transportation Alliance
Road Hazards
May, 2008
Oregon’s Rules of the Road encourage drivers to exercise due care by driving defensively and anticipating problems. But some road hazards are so dangerous that laws have been specially devised to address them, including:
- Emergency vehicles on highway shoulders: If you’re driving on a four-lane highway and see a police vehicle or ambulance on the shoulder with its lights activated, you must move out of the lane next to that vehicle. If you can’t change lanes safely, slow down and allow plenty of room as you pass. On a two-lane highway with traffic in both directions, you must slow down. Failure to follow this rule is a frequent cause of injuries and fatalities among police officers.
- Emergency vehicles on the highway: If there’s an emergency vehicle behind you with its lights or siren activated, you must pull over to the right and stop until the vehicle passes you. Be sure to move right on freeways as well, since the left shoulder may not be wide enough to keep your car from blocking the travel lane. A life could be lost if an emergency vehicle is delayed for even a minute in reaching its destination.
- Following emergency vehicles: Aggressive drivers sometimes follow ambulances through heavy traffic, trying to take advantage of their right-of way. Oregon law requires you to allow at least 500 feet between your vehicle and any emergency vehicle whose lights are activated. At 50 mph, that equals about six seconds.
- Highway work zones: As roadwork increases over the coming months, drivers need to be aware of the dangers to construction workers and themselves in work zones. Traffic flaggers have the legal right to direct vehicles and initiate citations against violators.
Each of the above violations is subject to a $250 base fine, though work-zone violations are subject to double fines. Fines also increase if a violation contributes to a collision.
Safe Driving in Heavy Traffic
April, 2008
Sluggish traffic quickly leads to haste and frustration, clouding a driver’s
judgment. Drivers who don’t allow enough time to reach their destinations
often make poor choices that result in collisions and citations. Typical
violations on congested highways include:
- Failure to obey traffic lights and stop signs ($250 base fine): You must stop on a yellow light if you can do so safely. If not, you may drive cautiously though the intersection. At stop signs, the law requires “the complete cessation from movement” (ORS 801.510), which only takes a few extra seconds compared to a rolling “California stop.”
- Obstructing cross traffic ($100 base fine): Oregon law prohibits entering an intersection “when there is not sufficient space on the other side” to avoid blocking other vehicles or pedestrians (ORS 811.290). Obstructing an intersection delays traffic even more and creates a risk of collisions.
- Dangerous left turns ($250 base fine): Many collisions occur when a driver turns left across two oncoming lanes in dense traffic. The driver in the lane closest to you may stop and wave you through, but take a few extra seconds before turning to make sure that there are no approaching vehicles in the far lane.
- Driving on the shoulder, bike lane or center lane ($250 base fine): With few exceptions, Oregon law prohibits using the center lane or side of a highway as a travel lane or to pass other vehicles.
Once free of traffic congestion, drivers often speed to make up for lost time.
But a car traveling the 7-mile length of Highway 217, from I-5 to Highway 26,
saves only 96 seconds by speeding at 70 mph compared to obeying the 55-mph limit.
If you have an appointment during the hours of heavy traffic, pretend that it
starts at least fifteen minutes earlier than the actual time. Then you’ll
have a reasonable chance of getting there safely, on time—and without a citation.
U-Turns...When in Doubt, Don’t!
March, 2008
Suppose you’re driving down an unfamiliar residential street in Tigard and
realize that you made a wrong turn at a traffic signal a few blocks back.
There’s a stop sign at an intersection a quarter mile ahead of you, but
there are no other vehicles on the road for at least 500 feet in either direction.
Can you legally make a U-turn?
Under Oregon law, the clear answer is “no.” The Rules of the Road prohibit U-turns
“between intersections” in a city (ORS 811.365). U-turns are also prohibited
in intersections controlled by an “electrical signal” (traffic light) unless
an official sign permits them.
Can you drive up to the stop sign and make a U-turn within that intersection?
Yes, apparently, as long as approaching drivers can see you from a distance
of at least 500 feet.
There are few places in urban areas where U-turns are permitted under Oregon law.
Violations are subject to a base fine of $150, or $250 if the illegal turn
“contributes to an accident.”
In areas “outside a city,” the law is less strict. You can make a U-turn
if approaching drivers can see you from a distance of at least 1,000 feet
“from either direction.”
In just about every state, a U-turn is defined as turning a vehicle
“so as to proceed in the opposite direction.” Compared to its neighbors,
though, Oregon has a very restrictive U-turn law as well as relatively low
speed limits on freeways.
Why aren’t traffic laws uniform from state to state? With a few exceptions,
like the former “federal maximum speed limit” of 55 mph, traffic laws have
traditionally been left to the states. In a highly mobile society, however,
it may not be realistic for drivers to familiarize themselves with Oregon’s
772-page Vehicle Code before they enter its borders. The safest rule may be:
if there’s even the slightest doubt that it’s legal, don’t make that U-turn.
Following Too Closely
February, 2008
It can happen to anyone: You’re driving down a busy freeway at 50 m.p.h. and
turn your attention away from the road for just a second, maybe to insert a
CD in the stereo. You look back up and see nothing but brake lights. The
adrenaline surges as you move your foot onto the brake pedal. The car in
front of you barely stops in time to avoid a collision. Can you?
Let’s do the math. At 50 m.p.h., you’re moving at 73 feet per second.
You’ll need 1.5 seconds to react and apply your foot to the brake.
During that time you’ll travel 110 feet. You’ll need an additional
119 feet to stop, for a total distance of 229 feet.
Is that enough? The answer largely depends on how closely you were
following the car ahead of you. That single second of distraction
could make the difference between a near miss and a collision. If
you were two seconds (or 146 feet) back, you may be able to stop—on
dry pavement. A separation of just one second might not be enough.
Oregon law prohibits following another vehicle “more closely than is
reasonable and prudent,” considering the “speed of the vehicles and
the traffic upon, and condition of, the highway” (ORS 811.485).
A violation is subject to a base fine of $250, even if there’s no
collision. The Oregon Driver Manual suggests that a distance of
at least two to four seconds is a workable rule of thumb.
The Tigard Police Department has acquired a new “distance-between
cars” (“DBC”) technology that offers objective evidence of
violations. It allows a laser speed-measurement device to detect
the precise time and distance between two vehicles as well as their
speed. To do your own low-tech “DBC” check, simply count the seconds
(“one thousand one…”) that separate you from the vehicle ahead of
you as you pass a fixed point on the highway.
Turning at Intersections
January, 2008
With its heavy traffic load, the intersection of Hall Boulevard and Pacific Highway is
the scene of frequent traffic violations and collisions. One of the most common
violations is “Improperly executed left turn” (ORS 811.340), which is subject to a
$250 base fine. Oregon law requires drivers to “leave the intersection or other
location in the extreme left-hand lane lawfully available to traffic moving in
the same direction as such vehicle on the roadway being entered.”
If you’re driving south on Hall and make a left turn onto Pacific, for example,
you must enter the far left (“fast”) lane and not the right (“curb”) lane.
You can then, after signaling for the required 100 feet, carefully merge
into the curb lane if you wish.
One purpose of the left-turn rule is to make the movement of vehicles
more predictable and efficient. If you’re driving north on Hall and
want to make a lawful right turn at Pacific on a red light, you can’t
do so safely if vehicles turning left from the opposite direction are
entering the curb lane instead of the left lane.
Note that I referred to “collisions” rather than “accidents” in the first
paragraph. True “accidents” are rare. “Collisions” are far more common,
and they’re almost always the result of someone’s negligent driving.
Thanks to: Tigard resident William Moss for this “Rules of the Road” suggestion.
Six “Non-Defenses” to Speeding Tickets
December, 2007
Each year the Tigard Municipal Court receives over 6,000 traffic citations, of which
about 26% are for speeding. If a driver pleads “not guilty,” the case is set for trial
before a judge. While every case has unique facts, drivers often raise “defenses”
to speeding that are generally not recognized under Oregon law, including:
- “I was going with the flow of traffic.” The fact that other vehicles may have been exceeding the limit doesn’t justify going faster than the posted speed. Also, drivers cannot legally exceed the speed limit simply because another vehicle is tailgating them.
- “I admit to speeding, but I wasn’t going 75.” You’re in violation of Oregon law whenever you exceed the limit, even if you don’t intend to speed because, for example, your speedometer was malfunctioning. The basic legal question is whether you were exceeding the limit. If you’re convicted, your speed is a factor in setting the fine.
- “I sped up to pass another car (or merge).” Oregon law doesn’t authorize exceeding the speed limit to pass or merge with other vehicles.
- “Road and weather conditions were perfect, so my speed was reasonable and prudent.” Under Oregon’s “basic rule” law, a speed above the posted limit is “prima facie evidence” of a violation. In bad weather, the appropriate speed may be less than the limit.
- “My car won’t go that fast.” This claim is generally not an effective rebuttal of the speed recorded by a laser, radar or pace.
- “I’m a careful driver and I never speed.” While a good driving record is commendable, it’s not considered (nor is a bad record) in determining whether a person is guilty of a violation at the specific time and place alleged in the citation. Your good driving record can result in a reduced fine if you’re found guilty.
Oregon’s speed laws are found in sections 811.100 through 811.124 of the Oregon Revised
Statutes. You can access these statutes through the Municipal Court’s web page,
or ask at the 2nd floor Reference Desk at the Library.
“Special Left-Turn Lanes”
November, 2007
It’s a familiar temptation for anyone who drives on congested streets in Tigard or any other large urban area.
Imagine, for example, that you’re driving south around 5 p.m. on Hall Boulevard toward Pacific Highway, planning to turn left at the intersection. There’s a long line of cars ahead of you and you’re still several hundred feet from the traffic signal.
This portion of Hall has two travel lanes and a familiar “special left-turn lane,” which Oregon law defines as “a median lane that is marked for left turns by drivers proceeding in opposite directions.” These center lanes have solid lines on the outside, dashed lines on the inside and, generally, left-turn arrows in the middle.
The Law Says...
Can you lawfully use the “special left-turn lane” to pass the line of cars and avoid further delays? The clear answer is: no.
Under Section 811.346 (1) of the Oregon Revised Statutes, you can be cited for “misuse of a special left-turn lane” if you use that lane “for anything other than making a left turn.” It can’t be used as a travel lane or to pass other vehicles. (You may also enter the special lane from an intersecting street or driveway, but you must stop there before you merge with traffic in the right lane.) A violation is subject to a base fine of $250.
Some cited drivers have argued that they reduced congestion by using the special left-turn lane as a travel lane. That may be true, but legislators made a policy decision to give safety more weight than expediting the flow of traffic. Other vehicles entering the roadway from the right may not be able to see cars traveling in the special lane—a frequent cause of collisions.
City planners, in partnership with representatives from other agencies and citizens, are working on the Tigard 99 Improvement and Management Plan to improve safety and mitigate the negative effects of rising trip demands. Meanwhile, drivers should remain patient and observe Oregon’s Rules of the Road.
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