2015 ORS 811.100¹
Violation of basic speed rule
  • penalty

(1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following:

(a) The traffic.

(b) The surface and width of the highway.

(c) The hazard at intersections.

(d) Weather.

(e) Visibility.

(f) Any other conditions then existing.

(2) The following apply to the offense described in this section:

(a) The offense is as applicable on an alley as on any other highway.

(b) Speeds that are prima facie evidence of violation of this section are established by ORS 811.105 (Speeds that are evidence of basic rule violation).

(c) This section and ORS 811.105 (Speeds that are evidence of basic rule violation) establish limitation on speeds that are in addition to speed limits established in ORS 811.111 (Violating a speed limit).

(3) Except as provided in subsection (4) of this section, violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 (Designation of maximum speeds) is punishable as provided in ORS 811.109 (Penalties for speed violations).

(4) The offense described in this section, violating the basic speed rule, is a Class B traffic violation if the person drives a vehicle upon a highway at a speed that is not reasonable and prudent under the circumstances described in subsection (1) of this section even though the speed is lower than the appropriate speed specified in ORS 811.105 (Speeds that are evidence of basic rule violation) as prima facie evidence of violation of the basic speed rule. [1983 c.338 §563; 1987 c.887 §9; 1989 c.592 §4; 1991 c.728 §5; 1999 c.1051 §229; 2003 c.819 §5]

See also annota­tions under ORS 483.102 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute

Notwithstanding fuel conserva­tion speed limit this sec­tion applies to speeds in excess of 55 miles per hour that are unsafe under the circumstances. State v. Ringle, 40 Or App 393, 595 P2d 824 (1979), Sup Ct review denied

Atty. Gen. Opinions

Under Former Similar Statute

Viola­tion of the energy conserva­tion speed limit, (1976) Vol 37, p 1388

Chapter 811

See also annota­tions under ORS chapter 483 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute

A party in viola­tion of a motor vehicle statute is neg­li­gent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent per­son under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Cita­tions

Under Former Similar Statute

10 WLJ 207 (1974)


1 Legislative Counsel Committee, CHAPTER 811—Rules of the Road for Drivers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 811, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.