ORS 810.439
Citations based on photo radar

  • response to citation

(1)

Notwithstanding any other provision of law, in the jurisdictions using photo radar:

(a)

A citation for speeding may be issued on the basis of photo radar if the following conditions are met:

(A)

The photo radar equipment is operated by a uniformed police officer.

(B)

The photo radar equipment is operated out of a marked police vehicle.

(C)

An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the photo radar unit.

(D)

Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction.

(E)

The citation is mailed to the registered owner of the vehicle within six business days of the alleged violation.

(F)

The registered owner is given 30 days from the date the citation is mailed to respond to the citation.

(G)

The jurisdiction operating photo radar complies with the requirements described in ORS 810.438 (Photo radar).

(b)

A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation is issued and delivered as provided in this section.

(c)

A person issued a citation under this subsection may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (3) of this section or may make any other response allowed by law.

(2)

A citation issued on the basis of photo radar may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded).

(3)

Intentionally left blank —Ed.

(a)

A registered owner of a vehicle may respond by mail to a citation issued under subsection (1) of this section by submitting a certificate of innocence within 30 days from the mailing of the citation swearing or affirming that the owner was not the driver of the vehicle and by providing a photocopy of the owner’s driver license. A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy. The citation may be reissued only once, only to the registered owner and only if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.

(b)

If a business or public agency responds to a citation issued under subsection (1) of this section by submitting a certificate of nonliability within 30 days from the mailing of the citation stating that at the time of the alleged speeding violation the vehicle was in the custody and control of an employee or was in the custody and control of a renter or lessee under the terms of a rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be issued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.

(4)

If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 (Entry) may be entered for failure to appear after notice has been given that the judgment will be entered.

(5)

The penalties for and all consequences of a speeding violation initiated by the use of photo radar are the same as for a speeding violation initiated by any other means.

(6)

A registered owner, employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the owner, employee, renter or lessee from the judgment as provided in ORS 153.105 (Relief from default judgment) if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. [1995 c.579 §2; 1997 c.280 §2; 1999 c.1051 §142; 1999 c.1071 §2; 2005 c.22 §516; 2005 c.686 §4; 2007 c.634 §2]

Source: Section 810.439 — Citations based on photo radar; response to citation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors810.­html.

Notes of Decisions

Presumption that vehicle was driven by registered owner does not improperly shift burden of persuasion to defendant. State v. Dahl, 185 Or App 149, 57 P3d 965 (2002), aff’d 336 Or 481, 87 P3d 650 (2004)

Where vehicle is registered to single owner, presumption that registered owner was driving vehicle has sufficient rational basis to meet due process requirements. State v. Dahl, 185 Or App 149, 57 P3d 965 (2002), aff’d 336 Or 481, 87 P3d 650 (2004)

This section and ORS 810.438 are precitation procedural statutes that do not add to substantive requirements for commission of offense. State v. King, 199 Or App 278, 111 P3d 1146 (2005), Sup Ct review denied

Enumerated conditions for issuance of photo radar citation supersede ORS 153.045 requirement for officer certification regarding offense. State v. King, 199 Or App 278, 111 P3d 1146 (2005), Sup Ct review denied

810.010
Jurisdiction over highways
810.012
Jurisdiction over access to facilities and services from certain roads
810.020
Regulating use of throughway
810.030
Imposition of restrictions on highway use
810.040
Designation of truck routes
810.050
Increase or decrease in size or weight limits on highways if federal mandate allows or requires
810.060
Increase in weight or size if highway found capable of supporting increase
810.070
Use of golf carts on highways
810.080
Pedestrian traffic
810.090
Bicycle racing
810.100
Restriction of animal traffic to bridle paths
810.110
Designation of through highways and stop intersections
810.120
Designation of no passing zones
810.130
One-way highways
810.140
Designation of exclusive use lanes
810.150
Drain construction
810.160
Controlling parking on highways
810.170
Winter recreation parking locations
810.180
Designation of maximum speeds
810.200
Uniform standards for traffic control devices
810.210
Placement and control of traffic control devices
810.212
Requirements for certain speed limit signs
810.214
Signs prohibiting unmuffled engine brakes
810.220
Exemption from traffic control device specifications
810.230
Unlawful sign display
810.240
Unlawful interference with traffic control device or railroad sign
810.243
Operation of flashing light indicating children in school zone
810.245
Signs giving notice of consequences of traffic offenses committed in school zones
810.247
Signs giving notice of multilane roundabouts
810.250
Use of traffic control device placement or legibility as evidence
810.260
Standards for installation, operation and use of traffic control signal operating devices
810.300
Security for appearance on traffic crime
810.310
Use of license as security deposit
810.320
Use of guaranteed arrest bond certificate as security deposit
810.330
Use of automobile membership card as security deposit
810.340
Proceedings
810.350
Procedures for overloading and certain other violations
810.365
Failure to appear on certain parking offenses
810.370
Court to forward traffic conviction records to department
810.375
Duties of judges or court clerks
810.400
Uniform or badge required
810.410
Arrest and citation
810.415
Removal of vehicles, cargo or debris from roadway after collision
810.420
Use of speed measuring device
810.425
Procedure in certain parking cases
810.430
Movement of illegally parked vehicles
810.434
Photo red light
810.435
Use of photographs
810.436
Citations based on photo red light
810.437
Citations for speeding based on photo red light
810.438
Photo radar
810.439
Citations based on photo radar
810.441
Photo radar
810.442
Citations based on photo radar in highway work zones
810.443
Photo radar
810.444
Citations based on photo radar in urban high crash corridors
810.445
Use of citation amounts in City of Portland
810.448
Security for appearance of person arrested for traffic crime
810.450
Security for appearance of person issued citation
810.460
Officer’s accident report
810.480
Inspections involving vehicle dealers and dismantlers
810.490
Weighing and measuring vehicles
810.500
Stopping and testing vehicles for equipment violations
810.510
State police inspection for mechanical condition and equipment
810.520
Vehicle repair warning
810.530
Authority of weighmasters and motor carrier enforcement officers
810.540
Enforcement of snowmobile and all-terrain vehicles violations by persons other than police officers
810.550
Authority of railroad officers to move illegally parked vehicles
810.560
Certification and training of commercial vehicle inspectors
Green check means up to date. Up to date