2009 ORS § 811.028¹

Failure to stop and remain stopped for pedestrian

• • penalty

(1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is:

(a) Proceeding in accordance with a traffic control device as provided under ORS 814.010 (Appropriate responses to traffic control devices) or crossing the roadway in a crosswalk, as defined in ORS 801.220 ("Crosswalk"); and

(b) In any of the following locations:

(A) In the lane in which the driver’s vehicle is traveling;

(B) In a lane adjacent to the lane in which the driver’s vehicle is traveling;

(C) In the lane into which the driver’s vehicle is turning;

(D) In a lane adjacent to the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed as provided under ORS 814.010 (Appropriate responses to traffic control devices); or

(E) Less than six feet from the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that has a traffic control device under which a pedestrian may proceed as provided under ORS 814.010 (Appropriate responses to traffic control devices).

(2) For the purpose of this section, a bicycle lane or the part of a roadway where a vehicle stops, stands or parks that is adjacent to a lane of travel is considered to be part of that adjacent lane of travel.

(3) This section does not require a driver to stop and remain stopped for a pedestrian under any of the following circumstances:

(a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or

(b) Where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.

(4) The offense described in this section, failure to stop and remain stopped for a pedestrian, is a Class B traffic violation. [2005 c.746 §2]

Note: 811.028 (Failure to stop and remain stopped for pedestrian) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.