ORS 811.265¹
Driver failure to obey traffic control device
  • penalty

(1) A person commits the offense of driver failure to obey a traffic control device if the person drives a vehicle and the person does any of the following:

(a) Fails to obey the directions of any traffic control device.

(b) Fails to obey any specific traffic control device described in ORS 811.260 (Appropriate driver responses to traffic control devices) in the manner required by that section.

(2) A person is not subject to this section if the person is doing any of the following:

(a) Following the directions of a police officer.

(b) Driving an emergency vehicle or ambulance in accordance with the privileges granted those vehicles under ORS 820.300 (Exemptions from traffic laws).

(c) Properly proceeding on a red light as authorized under ORS 811.360 (Vehicle turns permitted at stop light).

(d) Driving in a funeral procession led by a funeral lead vehicle or under the direction of the driver of a funeral escort vehicle.

(e) Properly entering an intersection or executing a turn at a stop sign as authorized under ORS 814.414 (Improper entry into intersection controlled by stop sign).

(f) Properly entering an intersection or executing a turn at a flashing red signal as authorized under ORS 814.416 (Improper entry into intersection controlled by flashing red signal).

(3) The offense described in this section, driver failure to obey a traffic control device, is a Class B traffic violation. [1983 c.338 §608; 1991 c.482 §13; 2015 c.147 §3; 2019 c.683 §5]

Notes of Decisions

Proper posi­tioning of traffic control device is not ele­ment of of­fense under this sec­tion, but is fact that defendant is entitled to challenge by af­firm­a­tive de­fense. State v. Boly, 210 Or App 132, 149 P3d 1237 (2006)

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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 811, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano811.­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