2015 ORS 811.105¹
Speeds that are evidence of basic rule violation

(1) Any speed in excess of a designated speed posted by authority granted under ORS 810.180 (Designation of maximum speeds) is prima facie evidence of violation of the basic speed rule under ORS 811.100 (Violation of basic speed rule).

(2) If no designated speed is posted by authority granted under ORS 810.180 (Designation of maximum speeds), any speed in excess of one of the following speeds is prima facie evidence of violation of the basic speed rule:

(a) Fifteen miles per hour when driving on an alley or a narrow residential roadway.

(b) Twenty miles per hour in a business district.

(c) Twenty-five miles per hour in any public park.

(d) Twenty-five miles per hour on a highway in a residence district if:

(A) The residence district is not located within a city; and

(B) The highway is neither an arterial nor a collector highway.

(e) Fifty-five miles per hour in locations not otherwise described in this section. [1983 c.338 §564; 1985 c.16 §286; 1987 c.887 §10; 1989 c.592 §5; 1995 c.558 §3; 1997 c.404 §5; 1997 c.438 §3; 2003 c.397 §6; 2003 c.819 §6; 2007 c.367 §3]

See also annota­tions under ORS 483.104 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute

Under evidence that accident occurred on road bordering park, whether driver was within public park and subject to speed limit of this sec­tion at place of accident was ques­tion for jury. Pitts v. Strain, 282 Or 329, 578 P2d 1238 (1978)

In General

School zone speed limit applicable when "children are present" is particular varia­tion on basic speed rule, therefore class of per­sons intended to be protected by limit is not restricted to children. Stokes v. Lundeen, 168 Or App 430, 7 P3d 586 (2000), Sup Ct review denied

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.