810.438 Photo
radar. (1) A city
at its own cost may operate photo radar.
(2) A photo radar
system operated under this section:
(a) May be used
on streets in residential areas or school zones.
(b) May be used
in other areas if the governing body of the city makes a finding that speeding
has had a negative impact on traffic safety in those areas.
(c) May not be
used on controlled access highways.
(d) May not be
used unless a sign is posted announcing “Traffic Laws Photo Enforced.” The sign
posted under this paragraph must:
(A) Be on the
street on which the photo radar unit is being used;
(B) Be between
100 and 400 yards before the location of the photo radar unit;
(C) Be at least
two feet above ground level; and
(D) If posted in
a school zone not otherwise marked by a flashing light used as a traffic
control device, indicate that school is in session.
(3) A city that
operates a photo radar system under this section shall, once each biennium,
conduct a process and outcome evaluation for the purposes of subsection (4) of
this section that includes:
(a) The effect of
the use of the photo radar system on traffic safety;
(b) The degree of
public acceptance of the use of the photo radar system; and
(c) The process
of administration of the use of the photo radar system.
(4) By March 1 of
each odd-numbered year, each city that operates a photo radar system under this
section shall present to the Legislative Assembly the process and outcome
evaluation conducted by the city under subsection (3) of this section. [1995
c.579 §1; 1997 c.280 §1; 1999 c.1071 §1; 2005 c.686 §3; 2007 c.634 §1; 2010
c.30 §9; 2011 c.545 §66; 2015 c.138 §25; 2023 c.33 §1]
810.439 [1995 c.579 §2; 1997 c.280 §2;
1999 c.1051 §142; 1999 c.1071 §2; 2005 c.22 §516; 2005 c.686 §4; 2007 c.634 §2;
repealed by 2024 c.82 §4]
810.440 [1983 c.338 §403; 1985 c.16 §213;
1999 c.1051 §290; renumbered 810.448 in 2013]
Notes of Decisions
Cited in
8
cases, 1999–2016 · leading case:
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005).
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005).
· cites it 3× “ORS 810.438 authorizes certain jurisdictions within the state to use photo radar devices and provides for certain limitations on their use by those jurisdictions.”
State v. Kolisch, 60 P.3d 576 (Or. Ct. App. 2002).
· cites it 22× “One of those conditions is that photo radar "[m]ay not be used unless a sign is posted announcing that photo radar is in use.”
State v. Weber, 19 P.3d 378 (Or. Ct. App. 2001).
· cites it 2× “100, based on a citation issued pursuant to the photo radar statute, ORS 810.438 to ORS 810.439 (1997). 1 She argues that: (1) the photograph and data generated by the photo radar unit were improperly admitted into evidence; (2) the statutory presumption that the registered…”
State v. Clay, 29 P.3d 1101 (Or. 2001).
“The photo radar statutes now are codified at ORS 810.438 to ORS 810.439. Or Laws 1999, ch 1071, § 3.”
State v. Clay, 987 P.2d 517 (Or. Ct. App. 1999).
· cites it 2× “The photo radar statutes are now codified at ORS 810.438 and ORS 810.439. The 1997 amendments to the act are not applicable to this case.”
State v. Daly, 365 P.3d 1177 (Or. Ct. App. 2015).
“Pursuant to the photo radar statutes, ORS 810.438 and ORS 810.439, a citation was subsequently sent to the registered owner of the Jeep via U.”
State v. Dickas, 388 P.3d 1121 (Or. Ct. App. 2016).
· cites it 14× “” He pointed out to the court that ORS 810.438 authorizes 10 Oregon cities to use photo radar and asserted that the statute is a prohibited local law because it applies in only those 10 cities.”
State v. Wever, 19 P.3d 378 (Or. Ct. App. 2001).
· cites it 2× “100, based on a citation issued pursuant to the photo radar statute, ORS 810.438 to ORS 810.439 (1997). [1] She argues that: (1) the photograph and data generated by the photo radar unit were improperly admitted into evidence; (2) the statutory presumption that the registered…”
— Or. Rev. Stat. § 810.438(1) — 1 case
State v. Dickas, 388 P.3d 1121 (Or. Ct. App. 2016).
“” He pointed out to the court that ORS 810.438 authorizes 10 Oregon cities to use photo radar and asserted that the statute is a prohibited local law because it applies in only those 10 cities.”
— Or. Rev. Stat. § 810.438(2)(e) — 1 case
State v. Kolisch, 60 P.3d 576 (Or. Ct. App. 2002).
“One of those conditions is that photo radar "[m]ay not be used unless a sign is posted announcing that photo radar is in use.”
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