ORS 801.400¹
“Premises open to the public”

“Premises open to the public.” “Premises open to the public” includes any premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises. [1983 c.338 §72]

Notes of Decisions

Under Former Similar Statute

Under this sec­tion, “open to the public” means, at least, roads to which public has been given access for purpose of encouraging business with owners of roads, and evidence was sufficient to sustain defendant’s con­vic­­tion for reckless driving on road located entirely within private housing develop­ment. State v. Brusseau, 33 Or App 501, 577 P2d 529 (1978)

Where there was testimony that there was no “at­tempt to block off members of the public” from use of apart­ment parking lot and that lot was “open to the public,” there was sufficient evidence to find that parking lot was “premises open to the public” and con­vic­­tion for driving while suspended on parking lot was proper. State v. Mulder, 290 Or 899, 629 P2d 816 (1981)

Where the record contained evidence that the actual use of the streets of a privately owned condominium develop­ment did include general public and the access to the premises was not effectively or systematically restricted, there was sufficient evidence for jury to find, beyond a reasonable doubt, that the streets of the develop­ment were “premises open to the public.” State v. Scott, 61 Or App 205, 655 P2d 1094 (1982)

Where trial court instructed jury that the term “premises open to the public” included any premises from which there was no at­tempt to block off members of the public, this could have led the jury to believe a failure to “block off” public access was determinative of the issue in a manner that was not re­quired by the statute and the instruc­tion was therefore error. State v. Scott, 61 Or App 205, 655 P2d 1094 (1982)

1 Legislative Counsel Committee, CHAPTER 801—General Provisions and Definitions for Oregon Vehicle Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors801.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 801, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano801.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information