2007 ORS § 811.230¹
Definitions
  • fine
  • notice

(1) As used in ORS 811.230 (Definitions), 811.231 (Reckless endangerment of highway workers), 811.232 (Refusing to obey flagger) and 811.233 (Failure to yield right of way to highway worker):

(a) "Flagger" means a person who controls the movement of vehicular traffic through construction projects using sign, hand or flag signals.

(b) "Highway work zone" means an area identified by advance warning where road construction, repair or maintenance work is being done by highway workers on or adjacent to a highway, regardless of whether or not highway workers are actually present. As used in this paragraph, "road construction, repair or maintenance work" includes, but is not limited to, the setting up and dismantling of advance warning systems.

(c) "Highway worker" means an employee of a government agency, private contractor or utility company working in a highway work zone.

(2)(a) The base fine amount for a person charged with an offense that is listed in subsection (3)(a) or (b) of this section and that is committed in a highway work zone shall be the amount established under ORS 153.125 (Base fine amounts generally) to 153.145 (Rounding off) based on the foundation amount calculated under ORS 153.131 (Increased base fine amount for certain traffic violations). The minimum fine for a person convicted of an offense that is listed in subsection (3)(a) or (b) of this section and that is committed in a highway work zone is the base fine amount so calculated.

(b) The minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a highway work zone is 20 percent of the maximum fine established for the offense.

(c) The minimum fine for a person convicted of a felony offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a highway work zone is two percent of the maximum fine established for the offense.

(3) This section applies to the following offenses if committed in a highway work zone:

(a) Class A or Class B traffic violations.

(b) Class C or Class D traffic violations related to exceeding a legal speed.

(c) Reckless driving, as defined in ORS 811.140 (Reckless driving).

(d) Driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants).

(e) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons).

(f) Criminal driving while suspended or revoked, as defined in ORS 811.182 (Criminal driving while suspended or revoked).

(g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540 (Fleeing or attempting to elude police officer).

(4) A court shall not waive, reduce or suspend the base fine amount or minimum fine required by this section.

(5) When a highway work zone is created, the agency, contractor or company responsible for the work may post signs designed to give motorists notice of the provisions of this section. [1995 c.253 §2; 1997 c.843 §3; 1999 c.1051 §292]