811.295
Failure to drive on right; exceptions; penalty. (1) A person commits the offense
of failure to drive on the right if the person is operating a vehicle on a
roadway of sufficient width and the person does not drive on the right half of
the roadway.
(2) A person is
not required to drive on the right side of the roadway by this section under
any of the following circumstances:
(a) When
overtaking and passing another vehicle proceeding in the same direction under
the rules governing this movement in ORS 811.410 to 811.425 or 811.808.
(b) When
preparing to turn left in an intersection, alley or private road or driveway.
(c) When an
obstruction or condition exists making it necessary to drive to the left of the
center of the roadway, provided that a driver doing so shall yield the right of
way to all vehicles traveling in the proper direction upon the unobstructed
portion of the roadway within a distance as to constitute an immediate hazard.
(d) Upon a
roadway divided into three marked lanes for traffic under the rules applicable
on the roadway under ORS 811.380.
(e) Upon a
roadway restricted to one-way traffic.
(3) The offense
described in this section, failure to drive on the right, is a Class B traffic
violation. [1983 c.338 §615; 1991 c.482 §15]
Notes of Decisions
Cited in
5
cases, 1986–2016 · leading case:
State v. Ordner, 287 P.3d 1256 (Or. Ct. App. 2012).
State v. Ordner, 287 P.3d 1256 (Or. Ct. App. 2012).
· cites it 10× “In this case, for the first time on appeal, the state has directed the court’s and defendant’s attention to ORS 811.295 and ORS 811.305, both of which, the state asserts, proscribe the driving conduct that defendant committed in the officer’s presence.”
State v. Mealer, 879 P.2d 230 (Or. Ct. App. 1994).
· cites it 11× “Second, she thought that defendant had violated ORS 811.295, which requires, with certain specified exceptions, that drivers operate their vehicles on the right side of the road.”
State v. Greene, 388 P.3d 1132 (Or. Ct. App. 2016).
“Compare ORS 811.295 (requiring vehicles to drive on the right side of the road, with the flow of traffic) with ORS 814.”
Mariman v. Hultberg, 728 P.2d 919 (Or. Ct. App. 1986).
“” The statute has been repealed by Or Laws 1983, ch 338, § 978, and replaced by ORS 811.295, Or Laws 1983, ch 338, § 615).”
State v. Johnson, 808 P.2d 718 (Or. Ct. App. 1991).
· cites it 2× “” A related statute, ORS 811.295(1), provides: “A person commits the offense of failure to drive on the right if the person is operating a vehicle on a roadway of sufficient width and the person does not drive on the right half of the roadway.”
— Or. Rev. Stat. § 811.295(1) — 2 cases
State v. Ordner, 287 P.3d 1256 (Or. Ct. App. 2012).
“In this case, for the first time on appeal, the state has directed the court’s and defendant’s attention to ORS 811.295 and ORS 811.305, both of which, the state asserts, proscribe the driving conduct that defendant committed in the officer’s presence.”
State v. Johnson, 808 P.2d 718 (Or. Ct. App. 1991).
“” A related statute, ORS 811.295(1), provides: “A person commits the offense of failure to drive on the right if the person is operating a vehicle on a roadway of sufficient width and the person does not drive on the right half of the roadway.”
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