ORS 810.438¹
Photo radar
  • authorized jurisdictions

(1) The following jurisdictions may, at their own cost, operate photo radar:

(a) Albany.

(b) Beaverton.

(c) Bend.

(d) Eugene.

(e) Gladstone.

(f) Medford.

(g) Milwaukie.

(h) Oregon City.

(i) Portland.

(j) Tigard.

(2) A photo radar system operated under this section:

(a) May be used on streets in residential areas or school zones.

(b) May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas.

(c) May not be used for more than four hours per day in any one location.

(d) May not be used on controlled access highways.

(e) May not be used unless a sign is posted announcing “Traffic Laws Photo Enforced.” The sign posted under this paragraph must:

(A) Be on the street on which the photo radar unit is being used;

(B) Be between 100 and 400 yards before the location of the photo radar unit;

(C) Be at least two feet above ground level; and

(D) If posted in a school zone not otherwise marked by a flashing light used as a traffic control device, indicate that school is in session.

(3) A city that operates a photo radar system under this section shall, once each biennium, conduct a process and outcome evaluation for the purposes of subsection (4) of this section that includes:

(a) The effect of the use of the photo radar system on traffic safety;

(b) The degree of public acceptance of the use of the photo radar system; and

(c) The process of administration of the use of the photo radar system.

(4) By March 1 of each odd-numbered year, each city that operates a photo radar system under this section shall present to the Legislative Assembly the process and outcome evaluation conducted by the city under subsection (3) of this section. [1995 c.579 §1; 1997 c.280 §1; 1999 c.1071 §1; 2005 c.686 §3; 2007 c.634 §1; 2010 c.30 §9; 2011 c.545 §66; 2015 c.138 §25]

Notes of Decisions

This sec­tion and ORS 810.439 (Citations based on photo radar) are precita­tion procedural statutes that do not add to substantive require­ments for com­mis­sion of of­fense under ORS 810.439 (Citations based on photo radar). State v. King, 199 Or App 278, 111 P3d 1146 (2005)

1 Legislative Counsel Committee, CHAPTER 810—Road Authorities; Courts; Police; Other Enforcement Officials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors810.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 810, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano810.­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