Oregon Revised Statutes

Or. Rev. Stat. § 811.028 (2026)

Failure to stop and remain stopped for pedestrian; penalty

✓ current as of May 2026

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811.028 Failure to stop and remain stopped for pedestrian; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is:

(a) Proceeding in accordance with a traffic control device as provided under ORS 814.010 or crossing the roadway in a crosswalk; and

(b) In any of the following locations:

(A) In the lane in which the driver’s vehicle is traveling;

(B) In a lane adjacent to the lane in which the driver’s vehicle is traveling;

(D) In a lane adjacent to the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed as provided under ORS 814.010; or

(E) Less than six feet from the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that has a traffic control device under which a pedestrian may proceed as provided under ORS 814.010.

(2) For the purpose of this section, a bicycle lane or the part of a roadway where a vehicle stops, stands or parks that is adjacent to a lane of travel is considered to be part of that adjacent lane of travel.

(3) This section does not require a driver to stop and remain stopped for a pedestrian under any of the following circumstances:

(a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or

(b) Where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.

(4) For the purposes of this section, a pedestrian is crossing the roadway in a crosswalk when any part or extension of the pedestrian, including but not limited to any part of the pedestrian’s body, wheelchair, cane, crutch or bicycle, moves onto the roadway in a crosswalk with the intent to proceed.

(5) The offense described in this section, failure to stop and remain stopped for a pedestrian, is a Class B traffic violation. [2005 c.746 §2; 2011 c.507 §1]

Note: 811.028 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2015–2021 · leading case: State v. Gayman, 492 P.3d 130 (Or. Ct. App. 2021).

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State v. Gayman, 492 P.3d 130 (Or. Ct. App. 2021). “, ORS 811.028 (penalizing motor vehicles that fail to stop for cross- ing pedestrians and explaining that a pedestrian is crossing the roadway in a crosswalk “when any part or extension of the pedestrian, including but not limited to any part of the pedestrian’s body,…”

Leonard v. Moran Foods, Inc., 343 P.3d 693 (Or. Ct. App. 2015). “See ORS 811.028. If a reasonable factfinder could find that the city’s negligence impaired Feliciano’s ability to see Leonard and Finlay in the crosswalk, notwithstanding Feliciano’s awareness of the crosswalk, a reasonable factfinder could also find that the city’s negligence…”

State v. Greene, 388 P.3d 1132 (Or. Ct. App. 2016). · cites it 2× “, ORS 811.028 (requiring drivers of vehicles to stop for pedestrians in crosswalks); ORS 811.”

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