814.070
Improper position upon or improperly proceeding along highway; exceptions;
penalty. (1) A
pedestrian commits the offense of pedestrian with improper position upon or
improperly proceeding along a highway if the pedestrian does any of the
following:
(a) Takes a
position upon or proceeds along and upon the roadway where there is an adjacent
usable sidewalk or shoulder.
(b) Does not take
a position upon or proceed along and upon the shoulder, as far as practicable
from the roadway edge, on a highway that has an adjacent shoulder area on one
or both sides.
(c) Except in the
case of the divided highway, does not take a position upon or proceed along and
upon the left shoulder and as far as practicable from the roadway edge on a
two-way highway that has no sidewalk and that does have an adjacent shoulder
area. This paragraph does not apply to:
(A) A hitchhiker
who takes a position upon or proceeds along and upon the right shoulder so long
as the hitchhiker does so facing the vehicles using the adjacent lane of the
roadway; or
(B) A member of a
group that has adopted that section of highway under the provisions of ORS
366.158 who is obeying the rules of the Department of Transportation for
picking up litter or removing noxious weeds on either side of the roadway.
(d) Does not take
a position upon or proceed along and upon the right highway shoulder, as far as
practicable from the roadway edge, on a divided highway that has no sidewalk
and does have a shoulder area. This paragraph does not apply to a member of a group
that has adopted that section of highway under the provisions of ORS 366.158
who is obeying the rules of the Department of Transportation for picking up
litter or removing noxious weeds on either side of the roadway.
(e) Fails to take
a position upon or proceed along and upon a highway that has neither sidewalk
nor shoulder available, as near as practicable to an outside edge of the
roadway, and, if the roadway is a two-way roadway, only on the left side of it.
(2) This section
is subject to the provisions of ORS 814.100.
(3) A pedestrian
does not commit the offense of pedestrian with improper position upon or
improperly proceeding along a highway if the pedestrian:
(a) Does not
impede traffic or create a traffic hazard;
(b) Posts advance
warning signs in compliance with standards adopted by the Oregon Transportation
Commission under ORS 810.200;
(c) Wears
high-visibility safety apparel in compliance with standards adopted by the
Oregon Transportation Commission under ORS 810.200; and
(d) Has a permit
or belongs to a group that has a permit issued under ORS 814.072.
(4) A pedestrian
does not commit the offense of pedestrian with improper position upon or
improperly proceeding along a highway when the pedestrian is on a narrow
residential roadway if:
(a) The
pedestrian does not create a traffic hazard; and
(b) Signs are
posted giving notice that pedestrians may be present upon or along the narrow
residential roadway. Signs posted under this paragraph shall be posted at each
end of the portion of the narrow residential roadway where pedestrians may be
present.
(5) The offense
described in this section, pedestrian with improper position upon or improperly
proceeding along a highway, is a Class D traffic violation. [1983 c.338 §558;
1991 c.486 §4; 1995 c.383 §86; 2008 c.47 §§1,2; 2009 c.547 §§2,3; 2011 c.507 §3;
2013 c.474 §1]
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2000–2024 · leading case:
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
· cites it 32× “Defendant appeals a judgment convicting him of ORS 814.070(11(a), 1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal.”
State v. Tyler, 7 P.3d 624 (Or. Ct. App. 2000).
“060 requires the use of a pedestrian tunnel or overhead crossing when one is available; and ORS 814.070 describes various prohibited methods of walking along a highway.”
State v. Greene, 388 P.3d 1132 (Or. Ct. App. 2016).
“295 (requiring vehicles to drive on the right side of the road, with the flow of traffic) with ORS 814.070 (on a two-way highway with no sidewalks, requiring pedestrians to proceed on the far-left edge of the roadway, against the flow of traffic).”
State v. Wilkinson, 321 Or. App. 166 (Or. Ct. App. 2022).
· cites it 6× “025, and prob- able cause that he had committed a traffic violation under ORS 814.070 by walking in the roadway. Defendant assigns error to the trial court’s denial of his motion to suppress, arguing that the arresting officer unlawfully exceeded the subject-matter and…”
Santiago v. Tykol (D. Or. 2024).
· cites it 4× “” Or. Rev. Stat. § 814.070 . “No unauthorized person shall make use of the portion of the street between the curbs reserved for vehicular traffic for any other purpose than vehicular traffic.”
— Or. Rev. Stat. § 814.070(1) — 1 case
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
“Defendant appeals a judgment convicting him of ORS 814.070(11(a), 1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal.”
— Or. Rev. Stat. § 814.070(1)(a) — 1 case
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
“Defendant appeals a judgment convicting him of ORS 814.070(11(a), 1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal.”
— Or. Rev. Stat. § 814.070(1)(b) — 1 case
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
“Defendant appeals a judgment convicting him of ORS 814.070(11(a), 1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal.”
— Or. Rev. Stat. § 814.070(1)(c) — 1 case
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
“Defendant appeals a judgment convicting him of ORS 814.070(11(a), 1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal.”
— Or. Rev. Stat. § 814.070(1)(d) — 1 case
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
“Defendant appeals a judgment convicting him of ORS 814.070(11(a), 1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal.”
— Or. Rev. Stat. § 814.070(1)(e) — 1 case
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
“Defendant appeals a judgment convicting him of ORS 814.070(11(a), 1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal.”
— Or. Rev. Stat. § 814.070(4) — 1 case
State v. Tyler, 395 P.3d 69 (Or. Ct. App. 2017).
“Defendant appeals a judgment convicting him of ORS 814.070(11(a), 1 “pedestrian with improper position upon or improperly proceeding along a highway,” assigning error to the trial court’s denial of his motion for judgment of acquittal.”
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