(a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indicating that compliance with traffic laws is enforced through cameras and other technology.
(b) For each traffic control device at which a camera is installed, signs indicating that a camera system may be in operation at the traffic control device are posted before the device at a location near the device.
(c) The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable, within 10 business days of the alleged violation.
(d) The registered owner is given 30 days from the date the citation is delivered to respond to the citation.
(e) A police officer who has reviewed the photograph and other data signs the citation. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.
(f) The person exceeded the speed limit or designated speed by 11 miles per hour or greater.
(2) 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 subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.
(3) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation was issued and delivered as provided in this section.
(4) A person issued a citation under subsection (1) of this section may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (6) of this section or any other response allowed by law.
(5) A citation issued under this section on the basis of photographs from a camera installed as provided in this section and ORS 810.434 may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver if the driver is identifiable from the photograph.
(6)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection (1) of this section by submitting, within 30 days from delivery of the citation, a certificate of innocence swearing or affirming that the owner was not the driver of the vehicle and by providing a photocopy of the owner’s driver license. A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy. The citation may be reissued only once, only to the registered owner and only if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.
(b) If a business or public agency responds to a citation issued under subsection (1) of this section by submitting, within 30 days from delivery of the citation, a certificate of nonliability stating that at the time of the alleged violation the vehicle was in the custody and control of an employee or was in the custody and control of a renter or lessee under the terms of a motor vehicle rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be reissued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.
(7) The penalties for and all consequences of a speeding violation initiated by the use of a camera installed as provided in this section and ORS 810.434 are the same as for a violation initiated by any other means.
(8) A registered owner or an employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the owner or the employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. [2017 c.288 §2]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 810 - Road Authorities; Courts; Police; Other Enforcement Officials
Section 810.010 - Jurisdiction over highways; exception.
Section 810.020 - Regulating use of throughway.
Section 810.030 - Imposition of restrictions on highway use; grounds; procedure; penalties.
Section 810.040 - Designation of truck routes; limitations; penalties.
Section 810.060 - Increase in weight or size if highway found capable of supporting increase; rules.
Section 810.070 - Use of golf carts on highways; rules.
Section 810.080 - Pedestrian traffic.
Section 810.110 - Designation of through highways and stop intersections.
Section 810.120 - Designation of no passing zones.
Section 810.130 - One-way highways; safety zones; turns.
Section 810.140 - Designation of exclusive use lanes.
Section 810.150 - Drain construction; compliance with bicycle safety requirements; guidelines.
Section 810.160 - Controlling parking on highways; limitations.
Section 810.170 - Winter recreation parking locations; plowing; priorities; enforcement.
Section 810.180 - Designation of maximum speeds; rules.
Section 810.210 - Placement and control of traffic control devices.
Section 810.214 - Signs prohibiting unmuffled engine brakes.
Section 810.230 - Unlawful sign display; exceptions; penalty.
Section 810.240 - Unlawful interference with traffic control device or railroad sign; penalty.
Section 810.243 - Operation of flashing light indicating children in school zone.
Section 810.250 - Use of traffic control device placement or legibility as evidence.
Section 810.300 - Security for appearance on traffic crime.
Section 810.310 - Use of license as security deposit.
Section 810.320 - Use of guaranteed arrest bond certificate as security deposit.
Section 810.330 - Use of automobile membership card as security deposit.
Section 810.340 - Proceedings; jurisdiction of financial responsibility requirements and suspension.
Section 810.350 - Procedures for overloading and certain other violations.
Section 810.370 - Court to forward traffic conviction records to department; exceptions.
Section 810.375 - Duties of judges or court clerks.
Section 810.410 - Arrest and citation.
Section 810.420 - Use of speed measuring device; citation; training.
Section 810.425 - Procedure in certain parking cases.
Section 810.434 - Photo red light; operation; evaluation.
Section 810.435 - Use of photographs.
Section 810.436 - Citations based on photo red light; response to citation.
Section 810.437 - Citations for speeding based on photo red light; response to citation.
Section 810.438 - Photo radar; authorized jurisdictions.
Section 810.439 - Citations based on photo radar; response to citation.
Section 810.441 - Photo radar; highway work zones.
Section 810.442 - Citations based on photo radar in highway work zones; response to citation.
Section 810.443 - Photo radar; urban high crash corridors in City of Portland.
Section 810.445 - Use of citation amounts in City of Portland.
Section 810.448 - Security for appearance of person arrested for traffic crime.
Section 810.450 - Security for appearance of person issued citation.
Section 810.460 - Officer’s accident report; use.
Section 810.480 - Inspections involving vehicle dealers and dismantlers.
Section 810.490 - Weighing and measuring vehicles; citation; reduction of load.
Section 810.500 - Stopping and testing vehicles for equipment violations.
Section 810.510 - State police inspection for mechanical condition and equipment.
Section 810.520 - Vehicle repair warning.
Section 810.530 - Authority of weighmasters and motor carrier enforcement officers.