Bill Text: OR SB344 | 2011 | Regular Session | Introduced
Bill Title: Relating to designated speeds.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB344 Detail]
Download: Oregon-2011-SB344-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2788
Senate Bill 344
Sponsored by Senator MONROE; Senator BURDICK (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes road authority to designate speed on highway in its
jurisdiction that is five miles per hour lower than statutory
speed under specified circumstances.
A BILL FOR AN ACT
Relating to designated speeds; amending ORS 810.180.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 810.180 is amended to read:
810.180. (1) As used in this section:
(a) 'Designated speed' means the speed that is designated by a
road authority as the maximum permissible speed for a highway and
that may be different from the statutory speed for the highway.
(b) 'Statutory speed' means the speed that is established as a
speed limit under ORS 811.111, or is established as the speed the
exceeding of which is prima facie evidence of violation of the
basic speed rule under ORS 811.105.
(2)(a) A designated speed established under this section is a
speed limit if the highway for which the speed is designated is
subject to a statutory speed limit under ORS 811.111 that is in
addition to the speed limit established under ORS 811.111 (1)(b).
(b) A speed greater than a designated speed established under
this section is prima facie evidence of violation of the basic
speed rule if the designated speed is established for a highway
on which there is no speed limit other than the limit established
under ORS 811.111 (1)(b).
(3) The Department of Transportation may establish by rule
designated speeds on any specified section of interstate highway
if the department determines that speed limits established under
ORS 811.111 (1) are greater or less than is reasonable or safe
under the conditions that exist with respect to that section of
the interstate highway. Designated speeds established under this
subsection are subject to all of the following:
(a) The department may not establish a designated speed under
this subsection of more than:
(A) Sixty-five miles per hour for vehicles described in ORS
811.111 (1)(b); and
(B) Seventy miles per hour for all other vehicles.
(b) If the department establishes designated speeds under this
subsection that are greater than 65 miles per hour, the
designated speed for vehicles described in ORS 811.111 (1)(b)
must be at least five miles per hour lower than the designated
speed for all other vehicles on the specified section of
interstate highway.
(c) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the interstate highway is
greater or less than is reasonable or safe under conditions the
department finds to exist.
(d) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the section of interstate highway where the
designated speed is imposed.
(4)(a) The department may establish, pursuant to a process
established by rule, a designated speed on a state highway
outside of a city. The authority granted under this subsection
includes, but is not limited to, the authority to establish
different designated speeds for different kinds or classes of
vehicles as the department determines reasonable and safe. A
designated speed established under this subsection for any kind
or class of vehicles may not exceed the speed limit for the
highway for that kind or class of vehicles as established in ORS
811.111 or, if there is no speed limit for the highway other than
the limit established in ORS 811.111 (1)(b), may not exceed 55
miles per hour.
(b) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the highway is greater or
less than is reasonable or safe under conditions the department
finds to exist.
(c) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the portion of highway where the designated
speed is imposed.
(5) After a written request is received from a road authority
for a highway other than a highway described in subsection (3) or
(4) of this section, the department, pursuant to a process
established by rule, may establish a designated speed for the
highway. The authority granted under this subsection includes,
but is not limited to, the authority to establish different
designated speeds for different kinds or classes of vehicles as
the department determines reasonable and safe. The authority
granted under this subsection is subject to all of the following:
(a) The written request from the road authority must state a
recommended designated speed.
(b) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the highway is greater or
less than is reasonable or safe under conditions the department
finds to exist.
(c) The department may not make a final decision to establish a
designated speed under this subsection without providing the
affected road authorities with notice and opportunity for a
hearing.
(d) A road authority may file a written objection to a
designated speed that is proposed by the department under this
subsection and that affects the road authority.
(e) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the portion of the highway where the
designated speed is imposed. The expense of erecting any sign
under this subsection shall be borne by the road authority having
jurisdiction over the portion of the highway where the designated
speed is imposed.
(f) The department, pursuant to a process established by rule,
may delegate its authority under this subsection with respect to
highways that are low volume or unpaved to a city or county with
jurisdiction over the highway. The department shall delegate
authority under this paragraph only if it determines that the
city or county will exercise the authority according to criteria
adopted by the department.
(6) The department may override the speed limit established for
ocean shores under ORS 811.111 (1)(c) and establish a designated
speed of less than 25 miles per hour on any specified section of
ocean shore if the department determines that the speed limit
established under ORS 811.111 (1)(c) is greater than is
reasonable or safe under the conditions that exist with respect
to that part of the ocean shore. The authority granted under this
subsection is subject to all of the following:
(a) The department may make the determination required under
this subsection only on the basis of an investigation.
(b) A designated speed established under this subsection is
effective when posted upon appropriate fixed or variable signs on
the portion of ocean shore where the designated speed is imposed.
(7) A road authority may adopt a designated speed to regulate
the speed of vehicles in parks under the jurisdiction of the road
authority. A road authority regulating the speed of vehicles
under this subsection shall post and maintain signs at all park
entrances to give notice of any designated speed.
(8) A road authority may establish by ordinance or order a
temporary designated speed for highways in its jurisdiction that
is lower than the statutory speed. A temporary designated speed
may be established under this subsection if, in the judgment of
the road authority, the temporary designated speed is necessary
to protect any portion of the highway from being unduly damaged,
or to protect the safety of the public and workers when temporary
conditions such as construction or maintenance activities
constitute a danger. The following apply to the authority granted
under this subsection:
(a) Statutory speeds may be overridden by a temporary
designated speed only:
(A) For a specific period of time for all vehicles; or
(B) For a specified period of time for a specific kind or class
of vehicle that is causing identified damage to highways.
(b) This subsection may not be used to establish a permanent
designated speed.
(c) The authority granted by this subsection may be exercised
only if the ordinance or order that imposes the temporary
designated speed:
(A) Specifies the hazard, damage or other condition requiring
the temporary designated speed; and
(B) Is effective only for a specified time that corresponds to
the hazard, damage or other condition specified.
(d) A temporary designated speed imposed under this subsection
must be imposed by a proper written ordinance or order. A sign
giving notice of the temporary designated speed must be posted at
each end of the portion of highway where the temporary designated
speed is imposed and at such other places on the highway as may
be necessary to inform the public. The temporary designated speed
shall be effective when signs giving notice of the temporary
designated speed are posted.
(9) A road authority may establish an emergency speed on any
highway under the jurisdiction of the road authority that is
different from the existing speed on the highway. The authority
granted under this subsection is subject to all of the following:
(a) A speed established under this subsection is effective when
appropriate signs giving notice thereof are posted upon the
highway or portion of highway where the emergency speed is
imposed. All signs posted under this subsection must comply with
ORS 810.200.
(b) The expense of posting any sign under this subsection shall
be borne by the road authority having jurisdiction over the
highway or portion of highway where the emergency speed is
imposed.
(c) A speed established under this subsection may be effective
for not more than 120 days.
{ + (10) A road authority may establish by ordinance a
designated speed for a highway under the jurisdiction of the road
authority that is five miles per hour lower than the statutory
speed. The following apply to the authority granted under this
subsection:
(a) The highway is located in a residence district.
(b) The statutory speed may be overridden by a designated speed
only if:
(A) The road authority determines that the highway has an
average volume of fewer than 2,000 motor vehicles per day, more
than 85 percent of which are traveling less than 30 miles per
hour; and
(B) There is a traffic control device on the highway that
indicates the presence of pedestrians or bicyclists.
(c) The road authority shall post a sign giving notice of the
designated speed at each end of the portion of highway where the
designated speed is imposed and at such other places on the
highway as may be necessary to inform the public. The designated
speed shall be effective when signs giving notice of the
designated speed are posted. + }
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