Oregon Photo Radar Law

68th Oregon Legislative Assembly - 1995 Regualr Session

Enrolled Senate Bill 382

Sponsored by Senators Baker and Cease, Representatives Eighmey & Markham




                      AN ACT

  Relating to traffic infractions.

  Whereas speeding by drivers of motor vehicles creates serious
safety concerns in Oregon's local communities and is a frequently
occurring driver error-related cause contributing to crashes; and

  Whereas local governments require new tools to enforce speeding
laws that they are currently unable to enforce due to lack of
personnel and other hindrances; and

  Whereas 'photo radar' is a system that combines a photograph of
a vehicle and its driver with a record of speed checked by radio
microwaves or other electrical device staffed during operation by
a police officer; and

  Whereas the use of photo radar may enable local governments to
enforce speeding laws and improved safety in local communities;
and

  Whereas this technological tool should be evaluated after
actual use by selected jurisdictions in this state; now,
therefore,

Be It Enacted by the People of the State of Oregon:

  SECTION 1.
(1) The following jurisdictions may, at their own cost, operate a 
      photo radar demonstration project after January 1, 1996:
  (a) City of Beaverton.
  (b) City of Portland.

(2) Each jurisdiction operating a photo radar demonstration project
      in the state shall:
  (a) Provide a public information campaign to inform local drivers 
      about the use of photo radar before citations are actually 
      issued; and
  (b) Conduct a process and outcome evaluation of the demonstration 
      project for the Department of Transportation that includes:
      (A) The effect of the project on traffic safety;
      (B) The degree of public acceptance of the project;
      (C) The process of administration of the project; and
      (D) Suggestions for design or planning changes that might
          reduce traffic congestion on residential streets or use of such
          streets as thoroughfares.

(3) A photo radar system operated under this section:
  (a) Shall be confined to streets in residential areas or school zones.
  (b) Shall be used for no more than four hours per day in any one location.

(4) The Department of Transportation shall provide an executive
    summary of the demonstration projects to the Sixty-ninth
    Legislative Assembly.

  SECTION 2.
(1) Notwithstanding any other provision of law, in the jurisdictions
    authorized to use photo radar:
  (a) A citation for speeding may be issued on the basis of photo radar
      if the following conditions are met:
      (A) The photo radar equipment is operated by a uniformed police
          officer.
      (B) The photo radar equipment 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) Signs indicating that speeds are enforced by photo radar
          are posted, so far as is practicable, on all major routes
          entering the jurisdiction.
      (E) The citation is mailed to the registered owner of the
          vehicle within six business days of the alleged violation.
      (F) The registered owner is given 30 days from the date the
          citation is mailed to respond to the citation.
      (G) 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 this subsection, the
          provisions of ORS 153.555 shall apply, and a judgment may be
          entered for failure to appear after notice has been given that
          the judgment will be entered.
  (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 an affidavit of nonliability under subsection (3) of this
      section or 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.

(3)
  (a) If a registered owner of a vehicle responds to a
      citation issued under subsection (1) of this section by
      submitting a certificate of innocence within 30 days from the
      mailing of the citation swearing or affirming that the owner was
      not the driver of the vehicle and a photocopy of the owner's
      driver license, the citation shall be dismissed. A person may not
      be prosecuted for perjury or false swearing in connection with
      submission of a certificate of innocence under this paragraph.
  (b) If a motor vehicle rental or leasing company responds to a
      citation issued under subsection (1) of this section by
      submitting an affidavit of nonliability within 30 days from the
      mailing of the citation stating that at the time of the alleged
      speeding violation the vehicle was in the custody and control of
      a renter or lessee under the terms of a rental agreement or
      lease, and if the rental or leasing company provides the driver
      license number, name and address of the renter or lessee, the
      citation shall be dismissed with respect to the rental or leasing
      company.  The citation may then be issued and delivered by mail
      or otherwise to the renter or lessee identified in the affidavit
      of nonliability.

(4) 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.

(5) A registered owner or a renter or lessee against whom a
    judgment for failure to appear is entered may move the court to
    relieve the owner or the renter or lessee from the judgment as
    provided in ORS 153.555 if the failure to appear was due to
    mistake, inadvertence, surprise or excusable neglect.

  SECTION 3.  
     This Act is repealed on December 31, 1997.