ORS  Guide
Careless & Reckless Behaviour
Careless driving
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.135
(1) T(b): drives on a highway or premises open to the public in manner endangering or likely to endanger any person or property.
(2) T(a): offense contributes to an accident.
Carrying a dog on external part of vehicle
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.200
(1) it's a violation of this statute to carry a dog on the hood, fender, running board or other external part of any automobile or truck that is on a highway unless the dog is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle
Carrying a minor on external part of vehicle
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.205
(1) it's a violation of this statute to carry anyone under 18 on the hood, fender, running board or other external part of any motor vehicle that's on a highway
(2) for purposes of this statute, the open bed of a motor vehicle is considered an external part of the motor vehicle
(3) it's not a violation of this statute to:
(a) carry a minor in the open bed of a motor vehicle if the minor is secured with a safety belt or safety harness that complies with rules adopted under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems)
(b) operate a motor vehicle in an organized parade OR
(c) carry a minor who is seated on the floor of the open bed of a motor vehicle in which all available passenger seats are occupied by minors, the tailgate is securely closed and the minor is being transported:
(A) in the course and scope of employment, provided that the minor is transported in compliance with law and rules regulating the transport of workers OR
(B)(i) between a hunting camp and a hunting site or between hunting sites during hunting season AND
(ii) the minor has a hunting license
Driving on highway divider
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.430
(1) drives a vehicle over, across or within a "dividing space", barrier or section that is an intervening space, physical barrier or clearly indicated dividing section constructed to impede vehicle traffic & dividing a highway into two or more roadways.
(2) a "dividing space" includes pavement markings consisting of solid double yellow lines with yellow cross-hatching between the double yellow lines
Failure to properly use safety belts
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.210
(1)(a) except as provided in 811.215 (Exemptions from safety belt requirements), it's a violation of this statute if anyone:
(A) operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required in paragraph (2)
(B) is the parent, legal guardian or person with legal responsibility for the safety and welfare of a minor under 16 and while operating on public lands a Class I ATV, Class II ATV or Class IV ATV that isn't registered uner 803.420 (Registration fees), the minor is not properly secured with a safety belt or safety harness.
(C) is the parent, legal guardian or person with legal responsibility for the safety and welfare of minor under 16 and while operating on public lands a Class II all-terrain vehicle registered under 803.420 (Registration fees), the minor isn't properly secured with a safety belt or safety harness as required by paragraph (2)
(D) operates a motor vehicle on the highways of this state with a passenger under 16 who isn't properly secured with a child safety system, safety belt or safety harness as required by paragraph (2)
(E) is the parent, legal guardian or person with legal responsibility for the safety and welfare of minor under 16 and while riding on public lands in or on a Class I, Class II ATV or Class IV ATV that isn't registered under 803.420 (Registration fees), the minor isn't properly secured with a safety belt or safety harness.
(F) is the parent, legal guardian or person with legal responsibility for the safety and welfare of a minor under 16 years and while riding on public lands in or on a Class II all-terrain vehicle registered under 803.420 (Registration fees), the minor isn't properly secured with a safety belt or safety harness as required by paragraph (2)
(G) is a passenger in a privately owned commercial vehicle, that's designed and used to transport fifteen (15) or fewer people, including the driver, and the passenger is 16 or older and is responsible for another passenger who is not properly secured with a child safety system as required under paragraphs (2)(a), (b) or (c)
(H) is a passenger in a motor vehicle being operated on the highways of this state who is 16 or older and who isn't properly secured with a safety belt or safety harness as required by paragraph (2)
(b) as used in this statute, “public lands” includes privately owned land that is open to the general public for the use of all-terrain vehicles as the result of funding from the All-Terrain Vehicle Account under 390.560 (Uses of All-Terrain Vehicle Account)
(2) To comply with this section:
(a) anyone under two (2) must be properly secured with a child safety system in a rear-facing position
(b) anyone weighing 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by DOT under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems) for child safety systems designed for children weighing 40 pounds or less
(c) except as provided in paragraph (3), anyone who weighs more than 40 pounds and who is 4'9" or shorter must be properly secured with a child safety system that elevates the person so that a safety belt or safety harness properly fits them. Properly fits” means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck. The child safety system must meet the minimum standards and specifications established by the department under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems) for child safety systems designed for children who are four feet nine inches or shorter.
(d) anyone taller than 4'9" must be properly secured with a safety belt or safety harness that meets requirements under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems)
(e) regardless of paragraphs (b) and (c) above, anyone eight (8) or older need not be secured with a child safety system but must be properly secured with a safety belt or safety harness that meets requirements under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems)
(3) the requirements of paragraph (2)(c) don't apply:
(a) if the rear seat of a vehicle is not equipped with shoulder belts, provided the person is secured by a lap belt OR
(b) if the child is properly secured with a child safety system that meets the minimum standards and specifications established by the department under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems) for child safety systems designed for children weighing more than 40 pounds.
Following too closely
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.485
(1) it's a violation of this statute if a driver does any of:
(a) driving a motor vehicle & following another vehicle more closely than is reasonable & prudent, considering the condition of the highway and the speed of the vehicles & traffic on it,
(b) driving a truck, commercial bus or motor vehicle towing another vehicle & traveling on a roadway outside of a business or residential district or on a freeway within a city's corporate limits & following another truck, commercial bus or motor vehicle towing another vehicle, & conditions permitting, not leaving enough space so that an overtaking vehicle can enter & occupy the space between them without danger. This paragraph doesn't prevent a truck, commercial bus or motor vehicle towing vehicle from overtaking and passing a vehicle or combination of vehicles
(c) driving a motor vehicle & traveling on a roadway outside a business or residential district or on a freeway within a city's corporate limits in a caravan or motorcade - whether or not towing another vehicle - without leaving sufficient space between vehicles to allow another vehicle to enter & occupy the space without danger
Having passenger in trailer
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.195
(1) it's a violation of this statute to operate a vehicle on a highway while towing any type of trailer containing a passenger.
(2) this statute doesn't apply to any of the following vehicles:
(b) an independently steered trailer
(c) a trailer towed with a fifth wheel hitch if the trailer is equipped with all of the following:
(A) safety glazing materials that meet the standards established under 815.040 (Standards for window and windshield material) wherever there are windows or doors with windows on the vehicle.
(B) an auditory or visual signaling device that a passenger inside the vehicle can use to gain the attention of the motor vehicle driver towing the vehicle.
(C) at least one unobstructed exit capable of being opened from both the interior and exterior of the vehicle
Illegal backing
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.480
(1) backing a vehicle when it's not safe to do so or when causing interference with other traffic on a highway
Impeding traffic
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.130
(1) drives a motor vehicle or combination of motor vehicles & impedes or blocks the normal & reasonable movement of traffic
(2) not in violation if proceeding in a manner needed for safe operation
(3) proceeding in a manner needed for safe operation includes momentarily stopping:
Non motorized vehicle clinging to another vehicle
ORS > Vehicle Code > Careless & Reckless Behaviour > 814.480
(1) It's a violation of this statute to ride upon or operate a bicycle, coaster, roller skates, sled or toy vehicle while clinging to another vehicle upon a roadway or attaching that which the subject is riding or operating to any other vehicle upon a roadway.
Operating motor vehicle while using mobile electronic device
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.507
(2) The subject, while driving a motor vehicle on highway or premises open to public:
(a) holds a mobile electronic device in their hand OR
(b) uses a mobile electronic device for any purpose.
(3) this statute doesn't apply to someone:
(a) who is employed as a commercial motor vehicle driver, or as a school bus driver, and is using a mobile electronic device within the scope of the person's employment if the use is permitted under regulations promulgated pursuant to 49 U.S.C. 31136
(b) who is employed as a driver of a vehicle having a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds and is using a mobile electronic device within the scope of the person's employment and as required under regulations promulgated pursuant to 49 U.S.C. 31137
(c) who is operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens' or family radio service bands in accordance with rules of the Federal Communications Commission while transporting forest products, or while operating a vehicle to assist in logging operations, within the scope of the person's employment
(d) who is using a two-way radio device while operating a school bus or school activity vehicle within the scope of the person's employment
(e) who is using a two-way radio device or operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens' or family radio service bands in accordance with rules of the Federal Communications Commission while operating a vehicle owned or contracted by a utility for the purpose of installing, repairing, maintaining, operating or upgrading utility service, including but not limited to natural gas, electricity, water or telecommunications, within the scope of the person's employment
(f) who is using a two-way radio device while operating a vehicle wider than the lane of travel, a vehicle transporting livestock or a vehicle requiring a slow-moving vehicle emblem under 815.110 (Requirements for and use of slow-moving vehicle emblem), and the use of the device facilitates the safe operation of the vehicle OR
(g) sho is using a two-way radio device while operating a pilot or safety vehicle used to assist the safe movement of a vehicle described in paragraph (f), and the use of the device facilitates the safe movement of the vehicle described in paragraph (f)
(4) it is an affirmative defense to prosecution if the subject:
(a) used a mobile electronic device to communicate and they were summoning or providing medical or other emergency help if no one else in the vehicle was capable of summoning help
(b) was 18 or older and using hands-free accessory
(c) was driving an ambulance or emergency vehicle while acting within the scope of their employment
(d) was a police officer, firefighter or emergency medical services provider and was acting within the scope of their employment
(e) was 18 years of age or older, held a valid amateur radio operator license issued or any other license issued by the Federal Communications Commission and was operating an amateur radio
(f) was operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens' or family radio service bands in accordance with rules of the Federal Communications Commission to summon medical or other emergency help OR
(g) was using a medical device
(5) the penalty is:
(a) T(b): first violation except as provided in (b) below
(b) T(a): first violation and causing an accident as described in 811.720 (When accident must be reported to Department of Transportation)
(c) T(a): second conviction within a ten (10) year period following the date of the first conviction
(d) M(b): third or subsequent conviction within a ten (10) year period preceding the date of the person's current conviction
(6) in addition to any other sentence that may be imposed, the court shall impose a minimum fine of $2,000 on a person convicted of a Class B misdemeanor under paragraph (5)(d
(7) for purposes of this section, sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence
(8)(a) for a person's first conviction of driving a motor vehicle while using a mobile electronic device, the court may suspend the fine to be imposed under paragraph (5)(a) on the condition that the person, within 120 days of sentencing:
(A) complete at the person's own expense a distracted driving avoidance course approved by the Department of Transportation under 811.508 (Distracted driving avoidance course) AND
(B) provide proof of completion to the court.
(b) the court may schedule a hearing to determine whether the person successfully completed the distracted driving avoidance course.
(c) if the person has successfully completed the requirements described in paragraph (8)(a), the court shall enter a sentence of discharge. Notwithstanding 153.021 (Minimum fines), a sentence of discharge imposed under this paragraph may not include a fine.
(d) if the person has not successfully completed the requirements described in paragraph (8)(a), the court shall:
(A) frant the person an extension based on good cause shown OR
(B) impose the fine under paragraph (5)(a)
(9) DOT shall place signs on state highways to notify drivers that it is unlawful to drive a motor vehicle on the highways of this state while using a mobile electronic device and violators are subject to criminal penalties
Operating vehicle with obstructing passenger
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.190
(1) it's a violation of this statute to operate a vehicle when another person is in the operator’s lap or in the operator’s embrace
(2) T(a): offense contributes to an accident.
Passenger obstruction of vehicle driver
ORS > Vehicle Code > Careless & Reckless Behaviour > 814.130
(1) is a passenger in a vehicle & rides in a position interfering with:
• all of the operator's views to the rear through one or more mirrors or other way
• the operator's view to the front or sides
• the operator's control of the driving mechanism
Reckless driving
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.140
(1) recklessly drives a vehicle on a highway or any premises open to the public in a manner that endangers the safety of people or property
Unlawful stop or deceleration
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.500
(1) stop or suddenly decrease vehicle speed without first giving the appropriate signal to a driver immediately to rear & when there's an opportunity to give a signal
Use of marijuana in motor vehicle
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.482
(2) anyone in a motor vehicle consumes in any manner a marijuana item when the motor vehicle is on a highway.
(3) doesn't apply to passengers in a motor vehicle operated by a common carrier & used primarily to carry passengers for hire
Violation of open container law
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.170
(1)(a) drink any alcoholic liquor in a motor vehicle when it's on a highway
(b) possesses on person, while in motor vehicle on a highway, any container containing any alcoholic liquor, which is opened, or a seal broken, or whose contents have been partially removed.
(c) keeps any container containing any alcoholic liquor, which is opened, or seal broken, or whose contents have been partially removed in a motor vehicle when it's on highway. The following apply to this paragraph:
(A) applies only to the registered owner, or if not present, the driver
(B) doesn't apply if a container is in the trunk or, if the vehicle doesn't have a trunk, kept in an area not normally occupied by the driver or passengers
(C) a utility compartment or glove box is considered within the area occupied by the driver & passengers
(D) doesn't apply to the living quarters of a camper or motor home.
(2) doesn't apply to passengers in a motor vehicle operated by a common carrier & used primarily to carry passengers for hire
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