Legislative Update
The 2011 legislative session has produced two new laws which will affect drivers across Oregon.
Cell Phone Use While Driving
Effective Date: January 1, 2012
Existing law allows drivers to use cell phones only with a “hands-free accessory” (like a headset or Bluetooth)
that allows them “to maintain both hands on the steering wheel.” There are a few exceptions, including one
that applies to “a person operating a motor vehicle in the scope of the person’s employment if operation of
the motor vehicle is necessary for the person’s job.” The new law will eliminate this vague “employment
exception” for nearly everyone. It will remain intact only for police officers, tow truck drivers,
utility workers and a few other drivers “acting within the scope” of their employment.
Flashing Yellow Arrows
Effective Date: January 1, 2012
Current law doesn’t clearly state whether a driver is authorized to enter an intersection
on a flashing yellow arrow. The new law specifically addresses this issue by allowing drivers
to “cautiously enter the intersection only to make the movement indicated by the flashing
yellow arrow signal.” However, drivers are required to “yield the right-of-way to other
vehicles within the intersection” when the arrow is flashing and also “yield the right-of-way
to other vehicles approaching from the opposite direction.”
The new provision on yellow arrows allows drivers to proceed into an intersection to make a
left turn after yielding to other vehicles. In heavy or moderate traffic, however, drivers
may be unable to make their turns before their signal turns red, leaving them stuck in the
middle of the intersection. That could be a violation of Oregon laws prohibiting
Obstructing Cross Traffic and Impeding Traffic, both of which are subject to a $145 base fine.
For that reason, it’s best to refrain from entering an intersection unless you’re sure
you can complete your turn without blocking traffic.
Previous Legislative Updates
HB 2040: "Move Over Law" Additions/Clarifications
Effective Date: January 1, 2010
Oregon enacted its “move over” law with the passage of House Bill 2176 in 2003.
The measure created the offense of failing to maintain a safe distance
from an emergency vehicle or ambulance
stopped alongside a roadway while displaying warning
lights. HB 2040 adds roadside assistance vehicles (vehicle
with warning lights providing repair assistance to motorists
with disabled vehicles) and tow vehicles to the list of
vehicles that require motorists to "maintain a safe distance."
The measure clarifies that motorists are required
to:
- Make a lane change to a lane not adjacent to that of an emergency vehicle, roadside assistance
vehicle, tow vehicle or ambulance; or
- Reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the
posted speed limit, if making a lane change is unsafe.
The offense for failure to maintain a safe distance continues to be a
Class b traffic violation.
HB 2318: Expungement for Diversion and Arrest
Effective Date: January 1, 2010
HB 2318 amends ORS 137.225 (statute addressing expungement of traffic offenses) to:
- Allow expungement of a traffic offense in situations
where a person was arrested, but not convicted, for a
traffic offense.
- Prohibit expungement of a traffic offense in cases
where a person successfully completes a diversion
program after an arrest for DUII.
SB 124: Increased Penalty for Motorcycle without Endorsement
Effective Date: January 1, 2010
SB 124 increases the penalty for operating a motorcycle without a
motorcycle endorsement from
a Class B traffic violation, punishable by a maximum fine
of $360 to a Class A traffic violation, punishable by a
maximum fine of $720. The measure directs the court to
suspend or dismiss the fine if the operator completes the
necessary training course and obtains a motorcycle endorsement
within 120 days of sentencing.
SB 314: Crash Notification Requirement for Injury/Damage
Effective Date: January 1, 2010
Oregon
DMV Accident Reporting Requirements
SB 314 requires any driver involved in an accident, resulting in the death or injury of a person or
property damage in excess of $1500, to give notice of the accident immediately to a police officer
or law enforcement agency by the quickest means available. In addition, SB 314:
- Requires each driver involved in an accident to report
if damage requires the towing of any of the involved
vehicles from the scene.
- Allows the Department of Transportation to increase
the cost of damage that requires notification every
five years based on any increase in the Portland-
Salem Consumer Price Index.
- Exempts law enforcement officials performing a lawful intervention technique (PIT maneuver)
or accidents occurring with a person committing a criminal offense. The measure also
exempts operators of snowmobiles, Class I all-terrain vehicles or Class III
all-terrain vehicles.
SB 314 stipulates that a driver or occupant (when the driver is unable to report) that fails to report
an accident to a police officer or law enforcement agency based on the provisions of the law commits
a Class A traffic violation.
SB 579: All Terrain Vehicle Safety Restraint Requirements
Effective Date: January 1, 2010
SB 579 requires the parent or legal guardian of children under age 16 to ensure that the child is
secured with a safety belt or safety harness when operating or riding on a Class I or
Class II all-terrain vehicle while on premises open to the public.
- As defined in ORS 801.190, Class I all-terrain vehicles
have three or more wheels, weighing 800
pounds or less, and are designed for off-road travel.
- As defined in ORS 801.193, Class II all-terrain vehicles
are motor vehicles weighing in excess of 800 pounds that are designed for, capable of,
and are actually being operated off a highway over land, water, sand, snow, ice, marsh,
swampland, or other natural terrain.
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More Rules of the Road
By Judge Michael J. O'Brien
Tigard Municipal Court
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“HB 2040 requires drivers to move over to a non adjacent lane or reduce speed to at
least 5 miles under the speed limit for emergency vehicles, ambulances, roadside assistance
vehicles and tow vehicles”
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