JURISDICTION: OREGON
This chapter summarizes Oregon State statutes related to speed.
General Reference: Oregon Revised Statutes and Oregon
Administrative Rules (OAR)
Basis for a Speed Law Violation:
Basic Speed Rule: A person commits an offense if they drive a
vehicle at a speed greater than is reasonable and prudent, having
due regard to all of the following: The traffic; the surface and
width of the highway; the hazard at intersections; weather;
visibility; and, other conditions then existing.(1)
§811.100(1)
Statutory Speed Limit: It is prima facie evidence of a violation of the basic speed rule to exceed
See Other below. the following speed limits.
A) 65 MPH on rural interstate highways §§811.105(2)(e), 811.112(1) & 811.123(1)(e)
B) 55 MPH on other highways §811.105(2)(f) & 811.123(1)(f)
C) 25 MPH in a public park or residential district §811.105(2)(d) & 811.123(1)(d)
D) 25 MPH on the ocean shore §811.120(1)(b)
E) 20 MPH in a school zone(2) §811.105(2)(c) & 811.123(1)(c)
F) 20 MPH in a business district §811.105(2)(b) & 811.123(1)(b)
G) 15 MPH in an alley §811.105(2)(a) & 811.123(1)(a)
Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Department of Transportation may increase or decrease the above prima facie speed limits on the highways outside an urban area. §810.180(7)(3)
II. The State Department of Transportation may
"supersede" the maximum statutory speed limits
(§811.123) for highways in an urban area where such speed limits
are not reasonable or safe. §810.180(10)
Minimum Speed Limit: No person shall impede the normal and
reasonable movement of traffic. §811.130
Posted (Minimum) Speed Limit:
Other: A person shall not operate certain trucks or busses at
a speed >55 MPH.(4) §811.115
Adjudication of Speed Law Violations:
Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Infractions. §§801.550 & 811.100 et seq.
Other:
Sanctions Following an Adjudication of a Speed Law
Violation:
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): None
Mandatory Minimum Term:
Fine:
Amount ($ Range): Basic Speed Rule-Class B Traffic Infraction-Not more than $300 §§153.615(2)(b) & 811.100(3)
Exceeding the Maximum/Posted Speed Limits or Maximum Speed limits for Certain Trucks or Busses-Class A to D Traffic Infractions-Varying fines from not more than $75 to not more than $600(5) §§153.615, 811.109 & 811.115
Impeding Traffic-Class D Traffic Infraction-Not more than $75 §§153.615(2)(d) & 811.130(5)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: An offender may be required to complete a
defensive driving course. §809.270(1)
Other:
Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension via the Driver Improvement Program(6) §809.480
Sanctions Following an Adjudication of a Speed Law Violation:
(continued)
Term of License Withdrawal
(Days, Months, Years, etc.): 30 days under Step Four of the Driver Improvement Program7
Mandatory Minimum Term of
Withdrawal: 30 days under Step Four of the
Driver Improvement Program7
Miscellaneous Sanctions
Not Included Elsewhere:
Other Criminal Actions Related to Speeding:
Speed Racing on Highway: Class A Traffic Infraction §811.125(1) & (2)
Sanctions:
Criminal Sanction:
Imprisonment (Term): None
Mandatory Minimum Term:
Fine ($ Range): Not more than $600 §153.615(2)(a)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension via the Driver Improvement Program7
Length of Term of
Licensing Withdrawal: 30 days under Step Four of the Driver Improvement Program7
Mandatory Action--Minimum
Length of License
Withdrawal: 30 days under Step Four of the
Driver Improvement Program7
Other: An offender may be required to complete a defensive
driving course. §809.270(1)
Reckless Driving(7): Class A Misdemeanor §811.140(1) & (3)
Sanction:
Criminal:
Imprisonment (Term): Not more than 1 year §161.615(1)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): Not more than $5,000 §161.635(1)(a)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension §809.410(6)
Other Criminal Actions Related to Speeding:
(continued)
Length of Term of License
Withdrawal Action: 1st offense-90 days 2nd offense (within 5 years)-1 year Subsequent offense (within 5 years)-3 years §809.420(1)
Mandatory Term of License
Withdrawal Action: 1st offense-90 days
2nd offense (within 5 years)-1 year Subsequent
offense (within 5 years)-3 years
§§809.410(6) & 809.420(1)
Other: An offender may be required to complete a defensive
driving course. §809.270(1)
Careless Driving(8): Class B Traffic Infraction(9) §811.135(1) & (2)
Sanction:
Criminal:
Imprisonment (Term): None
Mandatory Minimum Term
of Imprisonment: Not more than $300 §153.615(2)(b)
Fine ($ Range): None
Mandatory Minimum Fine:
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension via the Driver Improvement Program7
Length of Term of License
Withdrawal Action: 30 days under Step Four of the Driver Improvement Program7
Mandatory Term of License
Withdrawal Action: 30 days under Step Four of
the Driver Improvement Program7
Other: An offender may be required to complete a defensive
driving course. §809.270(1)
Commercial Motor Vehicle (CMV) Operators(10):
Grounds for Suspension: A person's CDL is suspended, if
while driving a CMV, they either (1) commit 2 "serious
traffic violations"(11)
within a 3 year period or (2) commit 3 such violations within a 3
year period. §809.410(29) & (30)
Commercial Motor Vehicle (CMV Operators:
(continued)
Period of Suspension: 2 serious violations
(within 3 years)-60 days 3 serious violations
(within 3 years)-120 days §809.410(29) &
(30)
Period of Mandatory Suspension: 2 serious violations
(within 3 years)-60 days 3 serious violations
(within 3 years)-120 days §809.410(29) &
(30)
1. 1The basic speed rule does not authorize speed limits in excess of the maximum speed limits. §811.108
2. 2This speed limit only applies when children are present or a flashing light indicates that children may be arriving or leaving a school. §§811.105(2)(c)(A) & (B) and 811.106
3. 3Under other provisions, the State Department of Transportation may by regulation designate a safe speed on the highways. This authority may be delegated to local governments for low volume highways or roads which are not hard surfaced. §810.180(8)
4. 4This speed limit applies to trucks weighing 8,000 lbs, school bus, school activity vehicle, a worker transport bus, a bus used to transport children on a church function and a vehicle used by a non-profit organization to transport persons. §811.115
5. 5I. For exceeding the maximum or posted speed limit on highways with a speed limit of <65 MPH, the following fine sanctions are imposed: 1 to 10 MPH over the speed limit (Class D Traffic Infraction)-not more than $75; 11 to 20 MPH over the speed limit (Class C Traffic Infraction)-not more than $150; 21 to 30 MPH over the speed limit (Class B Traffic Infraction)-not more than $300; and, >30 MPH over the speed limit (Class A Traffic Infraction)-not more than $600. §811.109(1) II. For exceeding the maximum or posted speed limit on highways with a speed limit of >65 MPH, the following fine sanctions are imposed: Exceeding 65 but <75 MPH (Class C Traffic Infraction)-not more than $150; exceeding 75 MPH but <85 MPH (Class B Traffic Infraction)-not more than $300; and, exceeding 85 MPH (Class A Traffic Infraction)-not more than $600. §811.109(2)
6. 6Driver Improvement Program. Step One: An offender is mailed an "advisory letter" if they commit 2 traffic offenses within 12 months. This letter informs the offender of their driving problems. Step Two: If (1) an offender has committed 1 or 2 traffic offenses within 6 or 12 months respectively of date of the advisory letter or (2) they have committed 3 traffic offenses within 18 months, they are mailed a "warning letter." This letter notifies the offender of the possible consequences if they are convicted of any more traffic offenses. Step Three: If (1) offender has committed 1 or 2 traffic offenses within 6 or 12 months respectively of date of the warning letter or (2) they have committed 4 traffic offenses within 18 months, they are subject to a driver improvement interview. During this interview, the licensing agency proscribes a program for driver improvement, places the offender on probation for 1 year and place restrictions on the offender's driving privileges. Step Four: If an offender commits a traffic offense during the 1 year probationary period, they are subject to a 30 day suspension. Note: This suspension appears to be mandatory. OAR 735-72-000 et seq.
7. 7The same sanctions, criminal and administrative, that apply for "reckless driving" also apply to the offense of "reckless endangerment of highway workers." This offense consists of driving a motor vehicle in a "work zone in such a manner as to endanger persons or property." §§809.410(34) & 811.231
8. 8A persons commits this offense if they operate a vehicle "in a manner that endangers or would be likely to endanger any person or property." §811.135(1)
9. 9If the offense contributed to an accident, it is a Class A Traffic Infraction. §811.135(2) The sanction for this offense is a fine of not more than $600. §153.615(2)(a)
10. 10A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight f 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials. §801.208
11. 11A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §801.477