Coquille - Rules of the Road (Duties to Pedestrians & Bicycles)

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ADDENDUM TO COQUILLE INDIAN TRIBE TRAFFIC ORDINANCE

COQUILLE INDIAN TRIBE RULES OF THE ROAD

DUTIES TO PEDESTRIANS AND BICYCLES

675A.005 Duty to exercise due care

None of the provisions of the vehicle code relieve a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians.

675A.010 Failure to yield to pedestrian in crosswalk; penalty.

1. The driver of a vehicle commits the offense of failure to yield to a pedestrian in a crosswalk if:

(a) A pedestrian is crossing a roadway within a marked or unmarked crosswalk where there are no traffic control devices in place or in operation; and

(b) The driver does not stop before entering the crosswalk and yield the right of way to the pedestrian when the pedestrian is:

(1) Approaching so closely to the half of the roadway along which the driver is proceeding so as to be in a position of danger by closely approaching or reaching the center of the roadway; or

(2) On the half of the roadway on and along which the driver is proceeding.

2. This section does not require a driver to stop and yield the right of way to a pedestrian under any of the following circumstances:

(a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or

(b) Where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.

3. The offense described in this section, failure to yield to a pedestrian in a crosswalk, is a traffic infraction.

675A.015 Failure to obey traffic patrol member; penalty

1. The driver of a vehicle commits the offense of failure to obey a traffic patrol member if:

(a) A traffic patrol member makes a cautionary sign or signal to indicate that students have entered or are about to enter the crosswalk under the traffic patrol member’s direction; and

(b) The driver does not stop and yield the right of way to students who are in or entering the crosswalk from either direction on the street on which the driver is operating.

2. Traffic patrol members described in this section are those appointed by a school or by the Tribe to protect pupils in their crossing of streets or highways on their way to or from the school by directing the pupils or by cautioning vehicle operators.

3. The offense described in this section, failure to obey a traffic patrol member, is a traffic infraction.

675A.020 Passing a stopped vehicle at crosswalk; penalty

1. The driver of a vehicle commits the offense of passing a stopped vehicle at a crosswalk if the driver:

(a) Approaches from the rear another vehicle that is stopped at a marked or unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway; and

(b) Overtakes and passes the stopped vehicle.

2. The offense described in this section, passing a stopped vehicle at a crosswalk, is a traffic infraction.

675A.025 Failure to yield to pedestrian on sidewalk; penalty

1. The driver of a vehicle commits the offense of failure to yield to a pedestrian on the sidewalk if the driver does not yield the right of way to any pedestrian on a sidewalk.

2. The offense described in this section, failure to yield to a pedestrian on a sidewalk, is a traffic infraction.

675A.030 Driving through safety zone; penalty

1. The driver of a vehicle commits the offense of driving through a safety zone if the driver at any time drives through or within any area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

2. The offense described in this section, driving through a safety zone, is a traffic infraction.

675A.035 Failure to yield to blind pedestrian; penalty

1. The driver of a vehicle commits the offense of failure to yield the right of way to a blind pedestrian if the driver violates any of the following:

(a) A driver approaching a blind or blind and deaf pedestrian carrying a white cane or accompanied by a dog guide, who is crossing or about to cross a roadway, shall yield the right of way to the blind or blind and deaf pedestrian and shall continue to yield the right of way to the blind or blind and deaf pedestrian.

(b) Where the movement of vehicular traffic is regulated by traffic control devices, a driver approaching a blind or blind and deaf pedestrian shall yield the right of way to the pedestrian and stop or remain stationary until the pedestrian has vacated the roadway if the blind or blind and deaf pedestrian has entered the roadway and is carrying a white cane or is accompanied by a dog guide. This paragraph applies notwithstanding any other provisions of the vehicle code relating to traffic control devices.

2. This section is subject to the provisions and definitions of applicable law relating to the rights of pedestrians who are blind or blind and deaf.

3. The offense described in this section, failure to yield the right of way to a blind pedestrian, is a traffic infraction.

675A.040 Failure to yield to pedestrian proceeding under traffic control devices; penalty.

1. The driver of a vehicle commits the offense of failure to yield to a pedestrian proceeding under traffic control devices if the driver does not yield the right of way to a pedestrian who is:

(a) Proceeding under a pedestrian control signal.

(b) Lawfully within an intersection or crosswalk in accordance with any traffic control device in a manner that complies with applicable law.

2. The offense described in this section, failure to yield to a pedestrian proceeding under traffic control devices, is a traffic infraction.

675A.045 Failure to yield to pedestrian when making turn at stop light; penalty.

1. A person commits the offense of failure to yield to a pedestrian when making a turn at a stop light if the person is driving a vehicle that is making a turn at a red light permitted under 675A.335 and the person does not yield the right of way to pedestrians lawfully within an adjacent crosswalk.

2. The offense described in this section failure to yield to a pedestrian when making a turn at a stop light, is a traffic infraction.

675A.050 Failure to yield to rider on bicycle lane.

1. A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, moped or motorized wheelchair upon a bicycle lane.

2. This section does not require persons operating mopeds to yield the right of way to bicycles if the mopeds are operated on bicycle lanes in the manner permitted under 675A.440.

3. The offense described in this section, failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a traffic infraction.

675A.055 Failure to yield to bicyclist on sidewalk.

1. The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any bicyclist on a sidewalk.

2. The driver of a motor vehicle is not in violation of this section when a bicyclist is operating in violation of the applicable law governing bicyclists. Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care.

3. The offense described in this section, failure to yield the right of way to a bicyclist on a sidewalk, is a traffic infraction.

675A.060 Failure to wear protective bicycle headgear.

1. A person commits the offense of failure to wear protective headgear if they are a rider or operator of a bicycle under the age of sixteen (16) years of age and do not wear such headgear.

2. A child under the age of eleven (11) years, in violation of this section, requires that the citation shall be issued to the parent.

3. An exemption from the requirement of wearing protective headgear is made if the requirement violates a religious belief or practice, or is required as a medical condition, with a written notice of such requirement by the appropriate medical authority.

SPEED

(Basic Rule)

675A.100 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.

(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 675A.105.

(c) This section and 675A.105 establish limitation on speeds that are in addition to maximum speeds established and subject to penalty as described in the following:

(1) Maximum speeds for motor trucks and passenger transport vehicles under 675A.115.

(2) A maximum speed limit for rural interstate highways under 675A.112.

(3) A maximum speed limit in an urban area under 675A.123.

3. The offense described in this section, violating the basic speed rule, is a traffic infraction.

675A.105 Speeds that are evidence of basic rule violation.

Any speed in excess of any of the following designated speeds is prima facie evidence of violation of the basic speed rule under 675A.100:

1. Any speed posted in accordance with applicable law.

2. If no speed is posted, any speed in excess of one of the following designated speeds is prima facie evidence of violation of the basic speed rule:

(a) Fifteen miles per hour when driving on an alley.

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

(c) Twenty miles per hour when passing school grounds or a school crosswalk if notice of the grounds or crosswalk is indicated plainly by traffic control devices conforming to the requirements established under and posted under applicable law and:

(1) Children are present, as described in 675A.124; or

(2) A flashing light used as a traffic control device and operated under 675A.106 indicates that children may be arriving at or leaving school.

(d) Twenty‑five miles per hour in any public park.

(e) Twenty‑five miles per hour on a highway in a residence district if:

(1) The residence district is not located within a city or within an urban growth boundary that is in a county with a population greater than 100,000; and

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

(f) Sixty‑five miles per hour on any rural interstate highway.

(g) Fifty‑five miles per hour in locations not otherwise described in this section.

675A.106 Operation of flashing light indicating children in school zone.

A flashing light used as a traffic control device to indicate that children may be arriving at or leaving school that is operated to give notice under 675A.105, 675A.123 or 675A.235 shall be operated only at times when children are scheduled to arrive at or leave the school.

675A.108 Relationship between speed limits and basic rule.

1. The federal maximum speed limit, the maximum speed limit for motor trucks and passenger transport vehicles and the maximum speed limit for rural interstate highways do not authorize speeds higher than those required for compliance with the basic speed rule.

2. The basic speed rule does not authorize speeds higher than those established by the federal maximum speed limit, the maximum speed limit for motor trucks and passenger transport vehicles or the maximum speed limit for rural interstate highways.

(Maximum Speeds)

675A.109 Penalties for speed limit violations.

Violation of a specific speed limit imposed under law or of a posted speed limit is punishable pursuant to CITC 675.410.

675A.112 Violation of maximum speed for rural interstate highways.

1. A person commits the offense of violating the maximum speed limit for rural interstate highways if the person operates a vehicle on a rural interstate highway at a speed greater than 65 miles per hour.

2. The speed limit described in this section does not authorize the driver of a motor truck or passenger transport vehicle to exceed the maximum speed for trucks and passenger transport vehicles established by 675A.115.

3. The offense described in this section, violating the maximum speed limit for rural interstate highways, is punishable as provided in 675A.109.

675A.115 Violation of maximum speed for trucks and passenger‑transport vehicles.

1. A person commits the offense of violation of the maximum speed for motor trucks and passenger transport vehicles if the person drives any of the following vehicles at a speed greater than 55 miles per hour on any highway:

(a) A motor truck with a loaded weight of more than 8,000 pounds.

(b) A school bus.

(d) A worker transport bus.

(e) A bus operated for transporting children to and from church or an activity or function authorized by a church.

(f) Any vehicle used in the transportation of persons for hire by a nonprofit entity.

2. This section does not apply to ambulances.

3. The offense described in this section, violation of maximum speed for motor trucks and passenger transport vehicles, is punishable as provided in 675A.109.

675A.123 Violation of maximum speed limit in urban area.

1. A person commits the offense of violating a maximum speed limit in an urban area if the person drives a vehicle upon a highway in any city or upon a highway within an urban growth boundary that is in a county with a population greater than 100,000 at a speed greater than any speed posted by lawful authority or, if no speed is posted, the following:

(a) Fifteen miles per hour when driving on an alley.

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

(c) Twenty miles per hour when passing school grounds or a school crosswalk if notice of the grounds or crosswalk is indicated plainly by traffic control devices and posted under applicable law and:

(1) Children are present, as described in 675A.124; or

(2) A flashing light used as a traffic control device and operated under 675A.106 indicates that children may be arriving at or leaving school.

(d) Twenty‑five miles per hour in any public park.

(e) Twenty‑five miles per hour on a highway in a residence district if the highway is not an arterial highway.

(f) Sixty‑five miles per hour on any rural interstate highway.

(g) Fifty‑five miles per hour in locations not otherwise described in this section.

2. This section does not authorize speeds higher than those required for compliance with the basic speed rule.

3. The offense described in this section, violating a maximum speed limit in an urban area, is punishable as provided in 675A.109.

675A.124 Meaning of "children are present" in 675A.105 and 675A.123.

For purposes of provisions of 675A.105 and 675A.123 dealing with permissible speeds when passing school grounds or a school crosswalk, children are present at any time and on any day when children are in a place where they are or can reasonably be expected to be visible to a person operating a motor vehicle that is passing a school ground or a school crosswalk.

(Racing)

675A.125 Speed racing on highway; penalty.

1. A person commits the offense of speed racing on a highway if, on a highway in this jurisdiction, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:

(a) A speed competition or contest.

(b) An acceleration contest.

(d) An exhibition of speed or acceleration.

(e) The making of a speed record.

(f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.

(g) A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

2. The offense described in this section, speed racing on a highway, is a traffic infraction and is applicable on any premises open to the public.

(Impeding Traffic)

675A.130 Impeding traffic; penalty.

1. A person commits the offense of impeding traffic if the person drives a motor vehicle or a combination of motor vehicles in a manner that impedes or blocks the normal and reasonable movement of traffic.

2. A person is not in violation of the offense described under this section if the person is proceeding in a manner needed for safe operation.

3. Proceeding in a manner needed for safe operation includes but is not necessarily limited to:

(a) Momentarily stopping to allow oncoming traffic to pass before making a right‑hand or left‑hand turn.

(b) Momentarily stopping in preparation of, or moving at an extremely slow pace while, negotiating an exit from the road.

4. A person is not in violation of the offense described under this section if the person is proceeding as part of a funeral procession under the direction of a funeral escort vehicle or a funeral lead vehicle.

5. The offense described in this section, impeding traffic, is a traffic infraction.

CARELESS DRIVING

675A.135 Careless driving; penalty.

1. A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.

2. The offense described in this section, careless driving, applies on any premises open to the public and is a traffic infraction.

SPECIAL SAFETY MEASURES

675A.145 Failure to yield to emergency vehicle or ambulance; penalty.

1. A person commits the offense of failure to yield to an emergency vehicle or ambulance if an ambulance or emergency vehicle that is using a visual or audible signal in a manner described under applicable law approaches the vehicle the person is operating and that person does not do all of the following:

(a) Yield the right of way to the ambulance or emergency vehicle.

(b) Immediately drive to a position as near as possible and parallel to the righthand edge or curb of the roadway clear of any intersection.

2. A person is not in violation of this section if the person is acting as otherwise directed by a police officer.

3. This section does not relieve the driver of an emergency vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway, nor does this section protect the driver of any such vehicle from the consequence of an arbitrary exercise of the right of way granted under this section.

4. The offense described in this section, failure to yield to an emergency vehicle or ambulance, is a traffic infraction.

675A.150 Interference with emergency vehicle or ambulance; penalty.

1. A person commits the offense of interference with an emergency vehicle or ambulance if the person does any of the following:

(a) Drives a vehicle following at a distance closer than 500 feet of any emergency vehicle or ambulance that is traveling in response to a fire alarm or emergency.

(b) Drives or parks a vehicle in a manner that interferes with the emergency vehicle or ambulance responding to a fire alarm or emergency.

(c) Drives over an unprotected hose of a fire department laid down on any highway, private road or driveway to be used at any fire, alarm of fire or emergency.

2. The following exemptions apply to this section:

(a) Nothing in this section prohibits a driver of an emergency vehicle or ambulance from following within 500 feet of an emergency vehicle or ambulance traveling in response to a fire alarm or emergency or from driving into or parking a vehicle in the area or vicinity where such vehicles have stopped in response to an alarm or emergency.

(b) Nothing in this section prevents any person from driving over an unprotected hose of a fire department if the person first obtains the permission of a fire department official or police officer at the scene of the fire, alarm of fire or emergency.

3. The offense described in this section, interference with an emergency vehicle or ambulance, is a traffic infraction.

675A.155 Failure to stop for bus safety lights; penalty.

1. A driver commits the offense of failure to stop for bus safety lights if the driver meets or overtakes from either direction any vehicle that is stopped on a roadway and that is operating red bus safety lights and the driver does not:

(a) Stop before reaching the vehicle; and

(b) Remain standing until the bus safety lights are no longer operating.

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

(a) The offense described in this section does not apply if the vehicle operating the bus safety lights is not permitted to operate red bus safety lights.

(b) A driver need not comply with this section if the vehicle operating red bus safety lights is stopped on a different roadway.

3. The offense described in this section, failure to stop for bus safety lights, is a traffic infraction.

675A.157 Report by driver of violation of 675A.155; contents.

1. The driver of a school bus, worker transport bus or a bus issued a permit under applicable law may report a violation of 675A.155 to the Coquille Tribal Police having jurisdiction over the area where the violation is alleged to have occurred.

2. A report under subsection (1) of this section shall be made within 72 hours of the alleged violation and shall contain:

(a) The date and time of day of the alleged violation;

(b) The name of the street on which the bus was traveling at the time of the alleged violation and either the approximate address or the name of the closest intersecting street;

(c) The direction in which the bus was traveling and the direction in which the vehicle alleged to have committed the violation was traveling;

(d) The weather conditions, including visibility, at the time of the alleged violation; and

(e) The following information about the vehicle alleged to have committed the violation:

(1) Number and state of issuance of the registration plate; and

(2) Whether the vehicle is a sedan, station wagon, van, truck, bus, motorcycle or other type of vehicle.

3. In addition to the information required by subsection (2) of this section, the report may contain any other identifying information, including but not limited to color of the vehicle, that the reporting bus driver has about the vehicle or the driver of the vehicle alleged to have committed the violation.

675A.159 Coquille Tribal Police response to report of violation of 675A.155.

Upon receipt of a report containing the information required by 675A.157 (2), the Coquille Tribal Police shall determine the name and address of the registered owner of the vehicle and shall send the registered owner a letter informing the owner that the vehicle was observed violating 675A.155. The letter shall include, at a minimum, information from the report filed under 675A.157 specifying the time and place of the alleged violation.

675A.165 Failure to stop for passenger loading of public transit vehicle; penalty.

1. A person commits the offense of failure to stop for passenger loading of a public transit vehicle if the person is the driver of a vehicle overtaking a public transit vehicle described in this section that is stopped or about to stop for the purpose of receiving or discharging any passenger and the person does not:

(a) Stop the overtaking vehicle to the rear of the nearest running board or door of the public transit vehicle; and

(b) Keep the vehicle stationary until all passengers have boarded or alighted therefrom and reached a place of safety.

2. The following described vehicles are the public transit vehicles that the requirements of this section are applicable to:

(a) Commercial buses.

(b) Trolleys.

(c) Streetcars, including every device traveling exclusively upon rails when upon or crossing a street, other than cars or trains propelled or moved by steam engine or by diesel engine.

3. A person is not in violation of this section if the person passes a public transit vehicle:

(a) Upon the left of any public transit vehicle described in this section on a one-way street; or

(b) At a speed not greater than is reasonable and proper and with due caution for the safety of pedestrians when:

(1) The public transit vehicle has stopped at the curb; or

(2) Any area or space has been officially set apart within the roadway for the exclusive use of pedestrians and the area or space is so protected or marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

4. The offense described in this section, failure to stop for passenger loading of public transit vehicle, is a traffic infraction.

675A.167 Failure to yield right of way to transit bus; rules; penalty.

1. A person commits the offense of failure to yield the right of way to a transit bus entering traffic if the person does not yield the right of way to a transit bus when:

(a) A yield sign as described in subsection (2) of this section is displayed on the back of the transit bus;

(b) The person is operating a vehicle that is overtaking the transit bus from the rear of the transit bus; and

(c) The transit bus, after stopping to receive or discharge passengers, is signaling an intention to enter the traffic lane occupied by the person.

2. The yield sign referred to in subsection (1)(a) of this section shall warn a person operating a motor vehicle approaching the rear of a transit bus that the person must yield when the transit bus is entering traffic. The yield sign shall be illuminated by a flashing light when the bus is signaling an intention to enter a traffic lane after stopping to receive or discharge passengers.

3. This section does not relieve a driver of a transit bus from the duty to drive with due regard for the safety of all persons using the roadway.

4. As used in this section, "transit bus" means a commercial bus operated by a Tribe, a city, a mass transit district or a transportation district.

5. The offense described in this section, failure to yield the right of way to a transit bus entering traffic, is a traffic infraction.

OPEN CONTAINER VIOLATIONS

675A.170 Violation of open container law; penalty.

1. A person commits the offense of violation of the open container law in a motor vehicle if the person does any of the following:

(a) Drinks any alcoholic liquor in a motor vehicle when the vehicle is upon a highway.

(b) Possesses on one's person, while in a motor vehicle upon a highway, any bottle can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed.

(c) Keeps in a motor vehicle when the vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed. The following apply to this paragraph:

(1) This paragraph applies only to the registered owner of any motor vehicle or, if the registered owner is not then present in the vehicle, to the driver of the vehicle.

(2) This paragraph does not apply if the bottle, can or other receptacle is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk.

(3) For purposes of this paragraph, a utility compartment or glove compartment is considered within the area occupied by the driver and passengers.

(4) This paragraph does not apply to the living quarters of a camper or motor home.

2. The offense described in this section does not apply to a motor vehicle operated by a publicly owned transit system or a motor vehicle operated by a common carrier and used primarily to carry passengers for hire.

3. The offense described in this section, violation of the open container law in a motor vehicle, is a traffic infraction.

DRIVING WHILE SUSPENDED

OR REVOKED

675A.175 Driving while suspended or revoked; penalties.

1. A person commits the offense of driving while suspended or revoked if the person does any of the following:

(a) Drives a motor vehicle upon a highway during a period when the person's driving privileges or right to apply for driving privileges have been suspended or revoked.

(b) Drives a motor vehicle outside the limitations of a probationary permit or a hardship driver permit, including any limitations placed on the permit.

(c) Drives a commercial motor vehicle upon a highway during a period when the person's commercial driver license has been suspended, regardless of whether or not the person has other driving privileges.

2. Affirmative defenses to the offense described in this section are established under 675A.180.

3. The offense described in this section is applicable upon any premises open to the public.

4. The offense described in this section, infraction driving while suspended or revoked, is a traffic infraction.

675A.180 Affirmative defenses.

The following establishes affirmative defenses in prosecutions for driving while suspended or revoked in violation of 675A.175 and describes when the affirmative defenses are not available:

1. In addition to other defenses provided by law, it is an affirmative defense to the offense described in 675A.175 that:

(a) An injury or immediate threat of injury to a human being or animal, and the urgency of the circumstances made it necessary for the defendant to drive a motor vehicle at the time and place in question; or

(b) The defendant had not received notice of the defendant's suspension or revocation or been informed of the suspension or revocation by a trial judge who ordered a suspension or revocation of the defendant's driving privileges or right to apply.

2. The affirmative defenses described in subsection (1)(b) of this section are not available to a defendant under the circumstances described in this subsection. Any of the evidence specified in this subsection may be offered in the prosecution's case in chief. This subsection applies if any of the following circumstances exist:

(a) The defendant refused to sign a receipt for the certified mail containing the notice of suspension or revocation.

(b) The notice of suspension or revocation could not be delivered to the defendant because the defendant failed to comply with the requirements under applicable law to notify any applicable state motor vehicle licensing agency of a change of address or residence.

(c) At a previous court appearance, the defendant had been informed by a trial judge that the judge was ordering a suspension or revocation of the defendant's driving privileges or right to apply.

(d) The defendant had actual knowledge of the suspension or revocation by any means prior to the time the defendant was stopped on the current charge.

(e) The defendant was provided with notice of intent to suspend.

DRIVER OFFENSES INVOLVING

PASSENGERS

675A.190 Operation with obstructing passenger; penalty.

1. A person commits the offense of driver operation with obstructing passenger if the person is operating a vehicle when another person is in the operator's lap or in the operator's embrace.

2. The offense described in this section, driver operation with obstructing passenger, is a traffic infraction.

675A.195 Having passenger in trailer; penalty.

1. A person commits the offense of having a passenger in a trailer if the person operates a vehicle on a highway while towing any type of trailer that contains a passenger.

2. This section does not apply if the person is operating any of the following vehicles:

(a) A commercial bus trailer.

(b) An independently steered trailer.

(1) Safety glazing materials wherever there are windows or doors with windows on the vehicle.

(2) 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.

(3) At least one unobstructed exit capable of being opened from both the interior and exterior of the vehicle.

3. The offense described in this section, passenger in trailer, is a traffic infraction.

675A.200 Carrying dog on external part of vehicle; penalty.

1. A person commits the offense of carrying a dog on the external part of a vehicle if the person carries a dog upon the hood, fender, running board or other external part of any automobile or truck that is upon a highway unless the dog is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle.

2. The offense described in this section, carrying dog on external part of vehicle, is

a traffic infraction.

675A.205 Carrying child on external part of vehicle; penalty.

1. A person commits the offense of carrying a child on an external part of a motor vehicle if the person carries any child upon the hood, fender, running board or other external part of any motor vehicle that is upon a highway.

2. The offense described in this section, carrying a child on an external part of a motor vehicle, is a traffic infraction.

675A.210 Failure to use safety belts; child safety systems; penalty.

1. A person commits the offense of failure to use safety belts if the person:

(a) Operates a motor vehicle on a highway and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section;

(b) Operates a motor vehicle on a highway with a passenger who is under 16 years of age and the passenger is not properly secured with a child safety system, safety belt, or safety harness as required by subsection (2) of this section; or

(c) Is a passenger in a motor vehicle on a highway who is 16 years of age or older and who is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.

2. To comply with this section:

(a) A person who is under four years of age and weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by applicable law for child safety systems designed for children weighing 40 pounds or less; or

(b) A person who is at least four years of age or weighs more than 40 pounds must be properly secured with a safety belt or safety harness that meets the requirements of applicable law.

3. The offense described in this section, failure to use safety belts, is a traffic infraction.

675A.212 Child safety campaign

The Coquille Indian Tribe supports the safety campaign to educate people concerning the use of safety seats, safety belts and other safety approved devices for protecting children riding in vehicles.

675A.215 Exemptions from safety belt requirements.

675A.210 does not apply to:

1. Privately owned commercial vehicles. The exemption in this subsection does not apply to vehicles commonly known as pickup trucks that have a combined weight of less than 8,000 pounds.

2. Any vehicle not required to be equipped with safety belts or safety harnesses at the time the vehicle was manufactured, unless safety belts or safety harnesses have been installed in the vehicle.

3. Any vehicle exempted by applicable law from requirements to be equipped upon sale with safety belts or safety harnesses.

4. Any person for whom a certificate is issued by a lawful authority.

5. Any person who is a passenger in a vehicle if all seating positions in the vehicle are occupied by other persons.

6. Any person who is being transported while in the custody of a police officer or any law enforcement agency.

7. Any person who is delivering newspapers or mail in the regular course of work.

8. Any person who is riding in an ambulance for the purpose of administering medical aid to another person in the ambulance, if being secured by a safety belt or safety harness would substantially inhibit the administration of medical aid.

9. Any person who is reading utility meters in the regular course of work.

675A.220 Certificates of exemption from safety belt requirement.

The Coquille Indian Tribal Council shall issue a certificate of exemption required under 675A.215 for any person on whose behalf a statement signed by a physician is presented to the Coquille Indian Tribal Council. For a physician's statement to qualify under this section, the physician giving the statement must set forth reasons in the statement why use of a child safety system, or safety belt or safety harness by the person would be impractical or harmful to the person by reason of physical condition, medical problem or body size.

675A.225 Failure to maintain safety belts in working order; penalty.

1. The registered owner of a motor vehicle commits the offense of failure of an owner to maintain safety belts in working order if:

(a) The vehicle is equipped with safety belts or safety harnesses that meet the requirements established by and that are approved under applicable law; and

(b) The owner fails to maintain the safety belts or safety harnesses in a condition that will enable occupants of all seating positions equipped with safety belts or safety harnesses to use the belts or harnesses.

2. The offense described in this section, failure of an owner to maintain safety belts in working order, is a traffic infraction.

HIGHWAY WORK ZONES

675A.230 Definitions; bail or fine; notice.

1. As used in 675A.230 through 675A.233:

(a) "Flagger" means a person who controls the movement of vehicular traffic through construction projects using sign, hand or flag signals.

(b) "Highway work zone" means an area identified by advance warning where road construction, repair or maintenance work is being done by highway workers on or adjacent to a highway, regardless of whether or not highway workers are actually present. As used in this paragraph, "road construction, repair or maintenance work" includes, but is not limited to, the setting up and dismantling of advance warning systems.

(c) "Highway worker" means an employee of the Tribe or any Tribal agency, any other government agency, private contractor or utility company working in a highway work zone.

2. This section applies to the offenses in this chapter if committed in a highway work zone.

3. If an offense contained in this chapter is committed in a highway work zone, the driver shall be cited for an additional violation under this section. The amount of the fine shall be identical to the amount of the fine for the underlying violation.

4. A court shall not waive, reduce or suspend the amount of bail or fine required by this section.

5. When a highway work zone is created, the agency, contractor or company responsible for the work may post signs designed to give motorists notice of the provisions of this section.

675A.232 Refusing to obey a flagger; penalty.

1. A person commits the offense of refusing to obey a flagger if the person intentionally and unreasonably disobeys a lawful order by a flagger relating to driving a motor vehicle in a highway work zone.

2. Refusing to obey a flagger is a traffic infraction.

675A.233 Failure to yield right of way to highway worker; penalty.

1. A person commits the offense of failure to yield the right of way to a highway worker who is a pedestrian if the person is operating a motor vehicle in a highway work zone and does not yield the right of way to a highway worker who is a pedestrian.

2. The provisions of applicable law regarding pedestrians do not apply to pedestrians described in subsection (1) of this section.

3. The offense described in this section, failure to yield the right of way to a highway worker who is a pedestrian, is a traffic infraction.

SCHOOL ZONE PENALTIES

675A.235 Fine or bail for traffic offenses in school zones.

1. If signs giving notice of consequences of traffic offenses committed in school zones are posted, the bail or fine for a person charged with or convicted of a traffic offense that occurs in a school zone shall be at least the amount established by the Coquille Tribal Court pursuant to subsection (2) of this section.

2. If an offense contained in this chapter is committed in a school zone, the driver shall be cited for an additional violation under this section. The amount of the fine shall be identical to the amount of the fine for the underlying violation.

3. A court shall not waive, reduce or suspend the amount of bail or fine required by this section.

4. For purposes of this section, a traffic offense occurs in a school zone if the offense occurs while the motor vehicle is passing school grounds or a school crosswalk, notice of the grounds or crosswalk is indicated plainly by traffic control devices and posted under applicable law and:

(a) Children are in a place where they are or should be visible to a person operating a motor vehicle that is passing school grounds or a school crosswalk; or

(b) A flashing light used as a traffic control device and operated under 675A.106 indicates that children may be arriving at or leaving school.

GENERAL DRIVING RULES

675A.250 Law applicable to vehicles registered off-Reservation.

Any vehicle registered by an entity other than the Coquille Indian Tribe is subject to all laws, rules and regulations governing the operation of such vehicles on the highways of the Tribe.

675A.255 Permitting unlawful operation of vehicle; penalty.

1. A person who is an owner, lessor or lessee of a motor vehicle or who employs or otherwise directs the driver of a motor vehicle, commits the offense of permitting the unlawful operation of a vehicle if the person knowingly permits or requires the operation of the vehicle in violation of the rules of the road.

2. The offense described in this section, permitting unlawful operation of a vehicle, is a traffic infraction.

(Traffic Control Devices)

675A.260 Appropriate driver responses to traffic control devices.

This section establishes appropriate driver responses to specific traffic control devices for purposes of 675A.265. Except when acting under the direction of a police officer that contradicts this section, a driver is in violation of 675A.265 if the driver makes a response to traffic control devices that is not permitted under the following:

1. Green signal. A driver facing a green light may proceed straight through or turn right or left unless a sign at that place prohibits either turn. A driver shall yield the right of way to other vehicles within the intersection at the time the green light is shown.

2. Green arrow. A driver facing a green arrow signal light, shown alone or in combination with another signal, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other signals shown at the same time.

3. Steady circular yellow signal. A driver facing a steady circular yellow signal light is thereby warned that the related right of way is being terminated and that a red or flashing red light will be shown immediately. A driver facing the light shall stop at a clearly marked stop line, but if none, shall stop before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection. If a driver cannot stop in safety, the driver may drive cautiously through the intersection.

4. Steady yellow arrow signal. A driver facing a steady yellow arrow signal, alone or in combination with other signal indications, is thereby warned that the related right of way is being terminated. Unless entering the intersection to make a movement permitted by another signal, a driver facing a steady yellow arrow signal shall stop at a clearly marked stop line, but if none, shall stop before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection. If a driver cannot stop in safety, the driver may drive cautiously through the intersection.

5. Steady circular red signal. A driver facing a steady circular red signal light alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection. The driver shall remain standing until a green light is shown except when the driver is permitted to make a turn under 675A.360.

6. Steady red arrow signal. A driver facing a steady red arrow signal, alone or in combination with other signal indications, shall not enter the intersection to make the movement indicated by the red arrow signal. Unless entering the intersection to make some other movement which is permitted by another signal, a driver facing a steady red arrow signal shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection. The vehicle shall remain standing until a green light is shown except when the driver is permitted to make a turn under 675A.360.

7. Traffic control devices at places other than intersections. If a traffic control device that is a signal is erected and maintained at a place other than an intersection, the provisions of this section relating to signals shall be applicable. A required stop shall be made at a sign or marking on the roadway indicating where the stop shall be made, but in the absence of such sign or marking the stop shall be made at the signal.

8. Flashing red signal. When a driver approaches a flashing red light used in a traffic control device or with a traffic sign, the driver shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. The right to proceed shall be subject to the rules applicable after making a stop at a stop sign. This subsection does not apply at railroad grade crossings. Conduct of a driver approaching a railroad grade crossing is governed by 675A.455.

9. Flashing yellow signal. When a driver approaches a flashing yellow light used as a signal in a traffic control device or with a traffic sign, the driver may proceed through the intersection or past the signal only with caution. This subsection does not apply at railroad grade crossings. Conduct of a driver approaching a railroad grade crossing is governed by 675A.455.

10. Lane direction control signals. When lane direction control signals are placed over the individual lanes of a highway, a person may drive a vehicle in any lane over which a green signal light is shown, but shall not enter or travel in any lane over which a red signal light is shown.

11. Stop signs. A driver approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching so closely as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

12. Yield signs. A driver approaching a yield sign shall slow the driver's vehicle to a speed reasonable for the existing conditions and if necessary for safety, shall stop at a line as required for stop signs under this section, and shall yield the right of way to any vehicles in the intersection or approaching so closely as to constitute an immediate hazard.

675A.265 Failure to obey traffic control device; penalty.

1. A person commits the offense of driver failure to obey 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 675A.260 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.

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

3. The offense described in this section, driver failure to obey a traffic control device, is a traffic infraction.

675A.270 Failure to obey one‑way designation; penalty.

1. A person commits the offense of failure to obey a one‑way designation if the person is operating a vehicle and the person proceeds upon a roadway designated for one‑way traffic in a direction other than that indicated by a traffic control device.

2. The offense described in this section, failure to obey a one‑way designation, is a traffic infraction.

(Right of Way)

675A.275 Failure to yield right of way at uncontrolled intersection; penalty.

1. A person commits the offense of failure to yield the right of way at an uncontrolled intersection if the person is operating a motor vehicle that is approaching an uncontrolled highway intersection and the person does not look out for and give right of way to any driver on the right simultaneously approaching a given point, regardless of which driver first reaches and enters the intersection.

2. This section is subject to the described provisions of the following sections:

(a) The provisions of 675A.260, relating to stop signs and yield signs.

(b) The provisions of 675A.285, relating to the requirements to yield the right of way upon entering a freeway or other arterial highway.

3. A person entering an intersection at an unlawful speed shall forfeit any right of way the person would otherwise have under subsection (1) of this section.

4. The offense described in this section, failure to yield right of way at an uncontrolled intersection, is a traffic infraction.

675A.280 Failure of driver entering roadway to yield right of way; penalty.

1. A person commits the offense of failure of a driver entering a roadway to yield the right of way if the person:

(a) Is operating a vehicle that is about to enter or cross a roadway from any private road, driveway, alley or place other than another roadway; and

(b) Does not yield the right of way to any vehicle approaching on the roadway to be entered or crossed so closely as to constitute an immediate hazard.

2. This section does not apply where the movement of traffic is otherwise directed by a traffic control device or a driver of a funeral escort vehicle.

3. The offense described in this section, failure of driver entering roadway to yield right of way, is a traffic infraction.

675A.285 Failure of merging driver to yield right of way; penalty.

1. A person commits the offense of failure of a merging driver to yield the right of way if the person is operating a vehicle that is entering a freeway or other arterial highway where an acceleration or merging lane is provided for the operator's use and the operator does not look out for and give right of way to vehicles on the freeway or other arterial highway.

2. The offense described in this section, failure of a merging driver to yield the right of way, is a traffic infraction.

675A.290 Obstructing cross traffic; penalty.

1. A person commits the offense of obstructing cross traffic if the person is operating a vehicle and the person enters an intersection or a marked crosswalk when there is not sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians.

2. The offense described in this section applies whether or not a traffic control device indicates to proceed.

3. The offense described in this section, obstructing cross traffic, is a traffic infraction.

(Driving on the Right)

675A.295 Failure to drive on right; exceptions; penalty.

1. A person commits the offense of failure to drive on the right if the person is operating a vehicle on a roadway of sufficient width and the person does not drive on the right half of the roadway.

2. A person is not required to drive on the right side of the roadway by this section under any of the following circumstances.

(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement in 675A.410 to 675A.425 or 675A.808.

(b) When preparing to turn left in an intersection, alley or private road or driveway.

(c) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway, provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance as to constitute an immediate hazard.

(d) Upon a roadway divided into three marked lanes for traffic under the rules applicable on the roadway under 675A.380.

(e) Upon a roadway restricted to one‑way traffic.

3. The offense described in this section, failure to drive on the right, is a traffic infraction.

675A.300 Failure to drive on right of approaching vehicle; exceptions; penalty.

1. A person commits the offense of failure to drive on the right of an approaching vehicle if the person is operating a vehicle upon a roadway having width for not more than one lane of traffic in each direction and the person does not:

(a) Pass to the right of any other vehicle proceeding on the roadway in the opposite direction; and

(b) Give to the other at least one‑half of the main traveled portion of the roadway as nearly as possible.

2. This section does not apply to a person operating a vehicle as otherwise directed by a traffic control device.

3. The offense described in this section, failure to drive on the right of an approaching vehicle, is a traffic infraction.

675A.305 Driving on left on curve or grade or at intersection or rail crossing; exceptions; penalty.

1. A person commits the offense of driving on the left on a curve or grade or at an intersection or rail crossing if the person is operating a vehicle upon any two‑way roadway where traffic is permitted to move in both directions simultaneously and the person drives on the left side of the center of the roadway:

(a) Upon any part of a grade or upon a curve in the roadway where the driver's view is obstructed for such a distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(b) When approaching an intersection or railroad grade crossing where the driver's view is obstructed for such a distance as to create a hazard in the event another vehicle might approach from the opposite direction; or

2. This section does not prohibit a person from driving on the left side of the center of a roadway under the following circumstances:

(a) When the right half of the roadway is obstructed or closed to traffic while under construction or repair; or

(b) When a driver makes a lawful left turn.

3. The offense described in this section, driving on the left on a curve or grade or at an intersection or rail crossing, is a traffic infraction.

675A.310 Crossing center line on two-way, four‑lane road; exceptions; penalty.

1. A person commits the offense of crossing the center line on a two‑way, four‑lane road if the person is operating a vehicle on a two‑way roadway that has four or more lanes for moving traffic and the person drives to the left of the center line of the roadway.

2. A person is not prohibited from driving to the left of the center line of a roadway by this section under the following circumstances:

(a) When authorized by a traffic control device designating certain lanes to the left side of the center of the roadway for use by traffic.

(b) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway, provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance as to constitute an immediate hazard.

3. The offense described in this section, crossing the center line on a two‑way, four-lane road, is a traffic infraction.

675A.315 Failure of slow driver to drive on right; exceptions; penalty.

1. A person commits the offense of failure of a slow driver to drive on the right if the person is operating a vehicle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing and the person fails to drive:

(a) In the right‑hand lane available for traffic; or

(b) As close as practicable to the right-hand curb or edge of the roadway.

2. This section does not apply under any of the following circumstances:

(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing passing in 675A.410 to 675A.425.

(b) When preparing to turn left at an intersection, alley or private road or driveway.

3. The offense described in this section, failure of slow driver to drive on the right, is a traffic infraction.

675A.320 Failure to drive to right on divided highway; exceptions; penalty.

1. A person commits the offense of failure to drive to the right on a divided highway if the person is operating a vehicle upon a highway divided into two or more roadways by means of an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic and the person does not drive only upon the right‑hand roadway.

2. This section does not apply if a person is operating a vehicle in accordance with traffic control devices or the directions of a police officer that differ from the requirements of this section.

3. The offense described in this section, failure to drive to the right on a divided highway, is a traffic infraction.

675A.325 Failure to keep camper, trailer or truck in right lane; exceptions; penalty.

1. A person commits the offense of failure to keep a camper, trailer or truck in the right lane if the person is operating any of the vehicles described in this subsection and the person does not drive in the right lane of all roadways having two or more lanes for traffic proceeding in a single direction. This subsection applies to all of the following vehicles:

(a) Any camper.

(b) Any vehicle with a trailer.

2. This section does not require the described vehicles to be driven in the right lane under any of the following circumstances:

(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement in 675A.410 to 675A.425 when such movement can be made without interfering with the passage of other vehicles.

(b) When preparing to turn left.

(d) To avoid actual or potential traffic moving onto the right lane from an acceleration or merging lane.

(e) When necessary to follow traffic control devices that direct use of a lane other than the right lane.

3. The offense described in this section, failure to keep camper, trailer or truck in the right lane, is a traffic infraction.

675A.330 Driving wrong way around traffic island; penalty.

1. A person commits the offense of driving the wrong way around a traffic island if the person is operating a vehicle and the person drives the vehicle around a rotary traffic island in any direction except to the right of the island.

2. The offense described in this section, driving the wrong way around a traffic island, is a traffic infraction.

(Turning)

675A.335 Unlawful or unsignaled turn; penalty.

1. A person commits the offense of making an unlawful or unsignaled turn if the person is operating a vehicle upon a highway and the person turns the vehicle right or left when:

(a) The movement cannot be made with reasonable safety; or

(b) The person fails to give an appropriate signal continuously during not less than the last 100 feet traveled by the vehicle before turning.

2. Appropriate signals for use while turning are as designated under 675A.395 and 675A.400.

3. The offense described in this section, making an unlawful or unsignaled turn, is a traffic infraction.

675A.340 Improperly executed left turn; penalty.

1. A person commits the offense of making an improperly executed left turn if the person operates a vehicle and is intending to turn the vehicle to the left and the person does not:

(a) Approach the turn in the extreme left‑hand lane lawfully available to traffic moving in the direction of travel of the turning vehicle;

(b) Make the left turn to the left of the center of the intersection whenever practicable; and

(c) Except as otherwise allowed by 675A.346, leave the intersection or other location in the extreme left‑hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered.

2. The offense described in this section improperly executing a left turn, is a traffic infraction.

675A.345 Failure to use special left turn lane; penalty.

1. A person commits the offense of failure to use a special left turn lane if the person is operating a vehicle where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by traffic control devices and the person turns the vehicle left from any other lane.

2. The offense described in this section failure to use special left turn lane, is a traffic infraction.

675A.346 Misuse of special left turn lane; penalty.

1. A person commits the offense of misuse of a special left turn lane if the person uses a special left turn lane for anything other than making a left turn either into or from the special left turn lane.

2. A person who turns into a special left turn lane from an alley, driveway or other entrance to the highway that has the special left turn lane is in violation of this section if the person does anything other than stop in the lane and merge into traffic in the lane immediately to the right of the person's vehicle.

3. As used in 675A.345 and this section, a "special left turn lane" is a median lane that is marked for left turns by drivers proceeding in opposite directions.

4. The offense described in this section, misuse of a special left turn lane, is a traffic infraction.

675A.350 Dangerous left turn; penalty.

1. A person commits the offense of making a dangerous left turn if the person:

(a) Is operating a vehicle;

(b) Intends to turn the vehicle to the left within an intersection or into an alley, private road, driveway or place from a highway; and

(c) Does not yield the right of way to a vehicle approaching from the opposite direction that is within the intersection or so close as to constitute an immediate hazard.

2. The offense described in this section, dangerous left turn, is a traffic infraction.

675A.355 Improperly executed right turn; penalty.

1. A person commits the offense of making an improperly executed right turn if the person is operating a vehicle, is intending to turn the vehicle to the right and does not proceed as close as practicable to the right‑hand curb or edge of the roadway:

(a) In making the approach for a right turn; and

(b) In making the right turn.

2. The offense described in this section, improperly executed right turn, is a traffic infraction.

675A.360 When vehicle turn permitted at stop light; improper turn at stop light; penalty.

1. The driver of a vehicle, subject to this section, who is intending to turn at an intersection where there is a traffic control device showing a steady circular red signal or a steady red arrow signal may do any of the following without violating 675A.260 or 675A.265:

(a) Make a right turn into a two-way street.

(b) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.

2. A person commits the offense of improper turn at a stop light if the person does any of the following while making a turn described in this section:

(a) Fails to stop at the light as required.

(b) Fails to exercise care to avoid an accident.

(d) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard.

3. A driver who is making a turn described in this section is also subject to the requirements under 675A.045 to yield to pedestrians while making the turn.

4. The offense described in this section, improper turn at a stop light, is a traffic infraction.

675A.365 Illegal U‑turn; penalty.

1. A person commits the offense of making an illegal U-turn if the person is operating a vehicle and the person turns the vehicle so as to proceed in the opposite direction in any of the following places:

(a) Within an intersection where traffic is controlled by an electrical signal. This paragraph does not apply where posted otherwise.

(b) Upon a highway within the limits of an incorporated city between intersections.

(c) At any place upon a highway where the vehicle cannot be seen by another driver approaching from either direction within a distance of:

(1) 500 feet within the incorporated limits of a city; or

(2) 1,000 feet outside a city.

2. The offense described in this section, illegal U-turn, is a traffic infraction.

(Lane Use)

675A.370 Failure to drive within lane; penalty.

1. A person commits the offense of failure to drive within a lane if the person is operating a vehicle upon a roadway that is divided into two or more clearly marked lanes for traffic and the driver does not:

(a) Operate the vehicle as nearly as practicable entirely within a single lane; and

(b) Refrain from moving from that lane until the driver has first made certain that the movement can be made with safety.

2. The offense described in this section, failure to drive within a lane, is a traffic infraction.

675A.375 Unlawful or unsignaled change of lane; penalty.

1. A person commits the offense of unlawful or unsignaled change of lanes if the person is operating a vehicle upon a highway and the person changes lanes by moving to the right or left upon the highway when:

(a) The movement cannot be made with reasonable safety; or

(b) The driver fails to give an appropriate signal continuously during not less than the last 100 feet traveled by the vehicle before changing lanes.

2. Appropriate signals for use while changing lanes are as designated under 675A.395 and 675A.400.

3. The offense described in this section, unlawful or unsignaled change of lane, is a traffic infraction.

675A.380 Improper use of center lane on three‑lane road; penalty.

1. A person commits the offense of improper use of the center lane on a three-lane road if the person is operating a vehicle upon a roadway divided into three clearly marked lanes for traffic with two-way movement of traffic permitted on the roadway and the person operates the vehicle in the center lane under any circumstances other than as permitted under the following:

(a) The driver may drive in the center lane when the center lane is allocated exclusively to traffic moving in the same direction that the driver is proceeding by a traffic control device directing the lane allocation.

(b) The driver may drive in the center lane when the driver is overtaking and passing a vehicle proceeding in the same direction and the center lane is clear of traffic within a safe distance.

2. The offense described in this section, improper use of center lane on three-lane road, is a traffic infraction.

675A.385 Depriving motorcycle or moped of full lane; penalty.

1. A person commits the offense of depriving a motorcycle or moped of a full lane if the person operates a motor vehicle upon a roadway laned for traffic in a manner that prevents a moped operator or motorcyclist from full use of a lane.

2. This section does not apply to operators of motorcycles or mopeds.

3. The offense described in this section, depriving a motorcycle or moped of a full lane, is a traffic infraction.

(Signaling)

675A.390 Unlawful use of lights to signal for passing; penalty.

1. A person commits the offense of unlawful use of lights to signal for passing if the person is operating a vehicle and the person flashes any lights as a courtesy or "do pass" signal to other drivers approaching from the rear.

2. The offense described in this section, unlawful use of lights to signal for passing, is a traffic infraction.

675A.395 Appropriate signals for stopping, turning, changing lanes and decelerating.

This section establishes appropriate signals, for purposes of this code, for use when signals are required while stopping, turning, changing lanes or suddenly decelerating a vehicle. This section does not authorize the use of only hand and arm signals when the use of signal lights is required under 675A.405. Appropriate signals are as follows:

1. To indicate a left turn either of the following:

(a) Hand and arm extended horizontally from the left side of the vehicle.

(b) Activation of front and rear turn signal lights on the left side of the vehicle.

2. To indicate a right turn either of the following:

(a) Hand and arm extended upward from the left side of the vehicle. A person who is operating a bicycle is not in violation of this paragraph if the person signals a right turn by extending the person's right hand and arm horizontally.

(b) Activation of front and rear turn signal lights on the right side of the vehicle.

3. To indicate a stop or a decrease in speed either of the following:

(a) Hand and arm extended downward from the left side of the vehicle; or

(b) Activation of brake lights on the vehicle.

4. Change of lane by activation of both front and rear turn signal lights on the side of the vehicle toward which the change of lane is made.

675A.400 Failure to use appropriate signal for turn, lane change or stop; penalty.

1. A person commits the offense of failure to use an appropriate signal for a turn, lane change or stop if the person is operating a vehicle that is turning, changing lanes, stopping or suddenly decelerating and the person does not make the appropriate signal under 675A.395 by use of signal lamps or hand signals.

2. This section does not authorize the use of only hand signals to signal a turn, change of lane, stop or deceleration when the use of signal lights are required under 675A.405.

3. Notwithstanding subsection (2), this section does not require the driver of a moped or bicycle that is not equipped with lighting equipment to use lighting equipment when required by this section or 675A.405. A driver of such moped or bicycle shall signal by means of appropriate hand and arm signals described under 675A.395 without violation of this section or section 675A.405.

4. The offense described in this section, failure to use appropriate signal for turn, lane change or stop, is a traffic infraction.

675A.405 Failure to signal with lights; exceptions; penalty.

1. A person commits the offense of failure to signal with lights when required if a person is operating a vehicle and does not use the vehicle lighting equipment described under 675A.395 to signal when turning, changing lanes, stopping or suddenly decelerating under any of the following circumstances:

(a) During limited visibility conditions.

(b) At any time the person is operating a vehicle or combination of vehicles in which the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the vehicle is greater than 24 inches.

(c) At any time the person is operating a vehicle or combination of vehicles in which the distance from the center of the top of the steering post to the rear limit of the body or load is greater than 14 feet.

2. The offense described in this section, failure to signal with lights when required, is a traffic infraction.

(Passing)

675A.410 Unsafe passing on left; penalty.

1. A person commits the offense of unsafe passing on the left if the person violates any of the following requirements concerning the overtaking and passing of vehicles:

(a) The driver of a vehicle that is overtaking any other vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(b) Except when overtaking and passing on the right is permitted under 675A.415, the driver of an overtaken vehicle shall give way to the right in favor of an overtaking vehicle and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.

(c) The driver of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing a vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the operation of a vehicle approaching from the opposite direction or a vehicle overtaken.

(d) An overtaking vehicle shall return to an authorized lane of traffic as soon as practicable.

2. This section does not authorize driving on the left side of the center of the road when prohibited under the following:

(a) Limitations on driving on the left of the center of a roadway under 675A.305.

(b) Passing in a no passing zone under 675A.420.

3. The offense described in this section, unsafe passing on the left, is a traffic infraction.

675A.415 Unsafe passing on right; penalty.

1. A person commits the offense of unsafe passing on the right if the person:

(a) Drives a vehicle to overtake and pass upon the right of another vehicle at any time not permitted under this section.

(b) Drives a vehicle to overtake and pass upon the right of another vehicle at any time by driving off the paved portion of the highway.

2. For purposes of this section, a person may drive a vehicle to overtake and pass upon the right of another vehicle under any of the following circumstances:

(a) Overtaking and passing upon the right is permitted if:

(1) The overtaken vehicle is making or the driver has signaled an intention to make a left turn;

(2) The paved portion of the highway is of sufficient width to allow two or more lanes of vehicles to proceed lawfully in the same direction as the overtaking vehicle; and

(3) The roadway ahead of the overtaking vehicle is unobstructed for a sufficient distance to permit passage by the overtaking vehicle to be made in safety.

(b) Overtaking and passing upon the right is permitted if the overtaken vehicle is proceeding along a roadway in the left lane of two or more clearly marked lanes allocated exclusively to vehicular traffic moving in the same direction as the overtaking driver.

3. The offense described in this section, unsafe passing on the right, is a traffic infraction.

675A.420 Passing in no passing zone; exceptions; penalty.

1. A person commits the offense of passing in a no passing zone if the person drives a vehicle on the left side of a roadway in a no passing zone that has been established and designated to prohibit such movements by appropriate signs or markings posted on the roadway.

2. The provisions of this section do not apply under any of the following circumstances:

(a) When a driver turns left into or from an alley, intersection, private road or driveway.

(b) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance that would constitute an immediate hazard.

3. The offense described in this section, passing in a no passing zone, is a traffic infraction.

675A.425 Failure of slower driver to yield to overtaking vehicle; penalty.

1. A person commits the offense of failure of a slower driver to yield to overtaking vehicles if the person is driving a vehicle and the person fails to move the person's vehicle off the main traveled portion of the highway into an area sufficient for safe turnout when:

(a) The driver of the overtaken vehicle is proceeding at a speed less than a designated speed under 675A.105;

(b) The driver of the overtaking vehicle is proceeding at a speed in conformity with 675A.105;

(d) There is no clear lane for passing available to the driver of the overtaking vehicle.

2. This section does not apply to the driver of a vehicle in a funeral procession.

3. The offense described in this section, failure of a slower driver to yield to overtaking vehicle, is a traffic infraction.

(Prohibited Places)

675A.430 Driving on highway divider; exceptions; penalty.

1. A person commits the offense of driving on a highway divider if the person 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 so constructed as to impede vehicular traffic and that divides a highway into two or more roadways.

2. This section does not apply when the movement of a vehicle that is otherwise prohibited by this section is made:

(a) At an authorized crossover or intersection; or

(b) At the specific direction of a road authority.

3. The offense described in this section, driving on a highway divider, is a traffic infraction.

675A.435 Operation of motor vehicle on bicycle trail; exemptions; penalty.

1. A person commits the offense of operation of a motor vehicle on a bicycle trail if the person operates a motor vehicle upon a bicycle lane or a bicycle path.

2. Exemptions to this section are provided under 675A.440.

3. The offense described in this section, operation of a motor vehicle on a bicycle trail, is a traffic infraction.

675A.440 When motor vehicles may operate on bicycle lane.

This section provides exemptions from the prohibitions under 675A.435 against operating motor vehicles on bicycle lanes and paths. The following vehicles are not subject to 675A.435 under the circumstances described:

1. A person may operate a moped on a bicycle lane that is immediately adjacent to the roadway only while the moped is being exclusively powered by human power.

2. A person may operate a motor vehicle upon a bicycle lane when:

(a) Making a turn;

(b) Entering or leaving an alley, private road or driveway; or

3. An implement of husbandry may momentarily cross into a bicycle lane to permit other vehicles to overtake and pass the implement of husbandry.

4. A person may operate a motorized wheelchair on a bicycle lane or path.

675A.445 Use of throughway when prohibited; penalty.

1. A person commits the offense of use of a throughway when prohibited if any use restrictions or prohibitions are posted by appropriate signs giving notice thereof and the person violates any restriction or prohibition so posted.

2. The offense described in this section, use of throughway when prohibited, is a traffic infraction.

675A.450 Violation of posted truck routes; defense; penalty.

1. A person commits the offense of violation of posted truck routes if appropriate signs designating truck routes are posted and the person does not operate a vehicle in compliance with the posted requirements.

2. It is a defense to a charge of violation of this section if the person so charged can establish that the person could not reach the person's destination without traveling upon the street, road or highway prohibited under the posted requirements.

3. The offense described in this section, violation of posted truck routes, is a traffic infraction.

(Rail Crossings)

675A.455 Failure to stop for railroad signal; penalty.

1. A person commits the offense of failure to stop for a railroad signal if the person fails to comply with any of the following requirements:

(a) A person who is driving a vehicle must stop the vehicle at a clearly marked stop line on the near side of a railroad crossing or, if there is no clearly marked stop line, not less than 15 feet nor more than 50 feet from the nearest rail of the crossing under any of the following circumstances:

(1) When a clearly visible electric or mechanical signal is given by a device that warns of the immediate approach of a railroad train.

(2) Upon the lowering of a crossing gate.

(3) When a signal given by a flagger indicates the approach or passage of a railroad train.

(4) When an approaching train is clearly visible and because of its nearness to the crossing is an immediate hazard.

(5) When an audible signal is given by an approaching railroad train because its speed or nearness to the crossing is an immediate hazard.

(b) A driver who has stopped for the passing of a train at a railroad grade crossing in accordance with the provisions of this section shall not proceed across the railroad tracks until the driver can do so safely.

(c) A person shall not drive any vehicle through, around or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

2. The offense described in this section, failure to stop for a railroad signal is a traffic infraction.

675A.460 Failure to follow rail crossing procedures for high-risk vehicles; application; penalty.

1. A person commits the offense of failure to follow rail crossing procedures for high-risk vehicles if the person takes any vehicle described in this section across any railroad tracks at grade without doing all of the following:

(a) Stopping the vehicle at a clearly marked stop line or, if there is not a clearly marked stop line, not less than 15 feet nor more than 50 feet from the nearest rail of the railroad.

(b) While so stopped, listening and looking in both directions along the tracks for approaching trains and for signals indicating approaching trains.

(c) Proceeding across the tracks after stopping only when such movement can be performed safely in the gear of the motor vehicle that does not require manually changing gears while proceeding.

(d) Proceeding across the tracks without manually changing gears.

2. This section applies to the following vehicles when moved across railroad tracks:

(a) A school bus.

(b) A school activity vehicle with a loaded weight of 10,000 pounds or more.

(d) Any bus operated for transporting children to and from church or an activity or function authorized by a church.

(e) Any vehicle used in the transportation of persons for hire by a nonprofit entity.

(f) A commercial bus.

(g) A motor vehicle carrying as a cargo or part of a cargo any explosive substance, inflammable liquids, corrosives or similar substances or any cargo that the Oregon Department of Transportation determines to be hazardous, consistent with the classifications by the United States Secretary of Transportation.

3. Exemptions to this section are provided under 675A.465.

4. The offense described in this section, failure to follow in rail crossing procedures for high-risk vehicles, is a traffic infraction.

675A.465 Exemptions from high-risk vehicle rail crossing procedures.

This section establishes exemptions from the special crossing procedures established for high-risk vehicles under 675A.460. The exemptions are partial or complete as described in the following:

1. The vehicles are not required to comply with the procedures at a crossing of a street or highway and street railway tracks.

2. The vehicles are not required to comply with the procedures when crossing interurban electric tracks where traffic control signals are in operation and give indication to approaching vehicular traffic to proceed.

3. The vehicles are not required to comply with the procedures when crossing any railway tracks upon which operation has been abandoned and such has been plainly marked.

4. The vehicles are not required to comply with the procedures when crossing industry track crossings across which train operations are required by law to be conducted under flag protection.

5. The vehicles are not required to comply with the procedures when crossing industry track crossings within districts in which the designated speed of vehicles is 20 miles per hour or less.

6. Vehicles are not required to comply with the procedures when crossing any crossing where an officer directs traffic to proceed or where an operating traffic control signal indicates that other traffic may proceed.

7. Vehicles are not required to comply with the procedures when crossing any crossing protected by crossing gates. The exemption under this subsection does not apply to school buses or school activity vehicles which are required to stop at crossings with crossing gates under 675A.460.

8. Except when a train is approaching, the driver of a commercial bus is not required to stop at crossings where the applicable agency has determined and plainly marked that no stop need be made.

675A.470 Improper movement of heavy equipment across rail crossing; application; penalty.

1. A person commits the offense of improper movement of heavy equipment across a rail crossing if the person operates or moves any equipment described in this section upon or across any tracks at a railroad grade crossing without complying with any of the following:

(a) Before moving across the tracks, the person must give notice of an intended crossing to a responsible officer of the railroad in time for protection to be given.

(b) Where the railroad has provided a flagger, the person operating or moving such equipment shall obey the direction of the flagger.

(1) The person must stop before making the crossing at a clearly marked line or, if there is no clearly marked line, not less than 15 feet nor more than 50 feet from the nearest rail.

(2) While so stopped, the person must look and listen in both directions along the tracks for approaching trains.

(3) The person shall not proceed across the tracks unless the crossing can be made safely.

2. This section applies to the operation of movement across railroad tracks of any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of 10 miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway.

3. The offense described in this section, improper movement of heavy equipment across a rail crossing, is a traffic infraction.

675A.475 Obstructing rail crossing; penalty.

1. A person commits the offense of obstructing a rail crossing if the person is operating a vehicle and the person drives onto any railroad grade crossing when there is not sufficient space on the other side of the railroad grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians or railroad trains.

2. The offense described in this section is applicable whether or not a traffic control device indicates to proceed.

3. The offense described in this section, obstructing rail crossings, is a traffic infraction.

(Miscellaneous)

675A.480 Illegal backing; penalty.

1. A person commits the offense of illegal backing if the person backs a vehicle the person is driving when it is not safe to do so or when it causes interference with other traffic upon a highway.

2. The offense described in this section, illegal backing, is a traffic infraction.

675A.485 Following too closely; penalty.

1. A person commits the offense of following too closely if the person does any of the following:

(a) Drives a vehicle so as to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and condition of, the highway.

(b) Drives a truck, commercial bus or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city and follows another truck, commercial bus or motor vehicle drawing another vehicle without, when conditions permit, leaving sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This paragraph does not prevent a truck, commercial bus or motor vehicle drawing another vehicle from overtaking and passing a vehicle or combination of vehicles.

(c) Drives a vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city in a caravan or motorcade whether or not towing another vehicle without operating the vehicle so as to leave sufficient space between vehicles to enable a vehicle to enter and occupy the space without danger.

2. This section does not apply in the case of a funeral procession. Except for the funeral lead vehicle, vehicles participating in a funeral procession shall follow the preceding vehicle as closely as is reasonable and safe.

3. The offense described in this section, following too closely, is a traffic infraction.

675A.490 Improper opening or leaving open of vehicle door; penalty.

1. A person commits the offense of improper opening or leaving open a vehicle door if the person does any of the following:

(a) Opens any door of a vehicle unless and until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders.

(b) Leaves a door open on the side of a vehicle available to traffic, or to pedestrians or bicycles on sidewalks or shoulders for a period of time longer than necessary to load or unload passengers.

2. The offense described in this section, improper opening or leaving open a vehicle door, is a traffic infraction.

675A.492 Engine braking; penalty; exception.

1. A person commits the offense of engine braking if the person is operating a motor vehicle on a highway and uses an unmuffled engine brake.

2. The offense described in this section, engine braking, is a traffic infraction.

3. A person is not in violation of this section if the person uses an unmuffled engine brake in an emergency situation to avoid imminent danger to a person or to property.

675A.495 Unlawful coasting on downgrade; exception; penalty.

1. A person commits the offense of unlawful coasting on a downgrade if the person is the driver of a vehicle on a downgrade and the person coasts with the gears or transmission of the motor vehicle in neutral or with the clutch disengaged.

2. This section does not apply to the driver of a motorized bicycle.

3. The offense described in this section, unlawful coasting on a downgrade, is a traffic infraction.

675A.500 Unlawful stop or deceleration; penalty.

1. A person commits the offense of unlawful stop or deceleration if the person is operating a vehicle and the person stops or suddenly decreases the speed of the vehicle without first giving an appropriate signal to the driver immediately to the rear when there is opportunity to give the signal.

2. Appropriate signals for the purpose of this section are as designated under 675A.395 and 675A.400.

3. The offense described in this section, unlawful stop or deceleration, is a traffic infraction.

675A.505 Failure to stop when emerging from alley, driveway or building; penalty.

1. A person commits the offense of failure to stop when emerging from an alley, driveway or building if the person is operating a vehicle that is emerging from an alley, building, private road or driveway in a business or residence district and the person does not stop the vehicle as follows:

(a) If there is a sidewalk or sidewalk area, the person must stop the vehicle before driving onto the sidewalk or sidewalk area.

(b) If there is no sidewalk or sidewalk area, the person must stop at the point nearest the roadway to be entered where the driver has a view of approaching traffic.

2. The offense described in this section, failure to stop when emerging from an alley, driveway or building, is a traffic infraction.

675A.510 Dangerous operation around livestock; penalty.

1. A person commits the offense of dangerous operation around livestock if the person is operating a vehicle upon a highway and the person fails to do any of the following:

(a) A driver shall use caution when approaching or passing a person riding, leading or herding livestock on the highway.

(b) If a person riding or leading livestock upon a highway gives a distress signal to an approaching driver by raising a hand, the driver must promptly stop the driver's vehicle, unless movement forward is necessary to avoid an accident, and, if requested, shall turn off the engine until the livestock is under control.

2. This section is only applicable if the livestock is an animal of the species of horses, mules, donkeys, cattle, swine, sheep or goats.

3. The offense described in this section dangerous operation around livestock, is a traffic infraction.

USE OF LIGHTS AND WARNINGS

(Lights)

675A.515 When lights must be displayed; kind of light; number; direction; use on certain vehicles.

This section establishes requirements for 675A.520. Except where an exemption under 675A.525 specifically provides otherwise, a vehicle that does not comply with this section is in violation of 675A.520. The requirements under this section are as follows:

1. Subject to any other provision of this section, any lighting equipment a vehicle is required to be equipped with under applicable law must be displayed when the vehicle is upon a highway within this jurisdiction at any time limited visibility conditions exist. The provisions of this subsection apply during the times stated when the required visibility is measured on a straight, level unlighted highway.

2. Parking lights and lights other than clearance, identification and marker lights that are mounted on the front of a vehicle and are designed to be displayed primarily when the vehicle is parked shall not be lighted when a vehicle is driven upon a highway at times when limited visibility conditions exist except when:

(a) The lights are being used as turn signals; or

(b) The headlights are also lighted at the same time.

3. Any vehicle parked or stopped upon a roadway or shoulder adjacent thereto whether attended or unattended, during times when limited visibility conditions exist must display parking lights.

4. All vehicles not specifically required by applicable law to be equipped with lighting equipment shall at times when limited visibility conditions exist display exempt-vehicle safety lighting equipment. This section includes, but is not limited to, animal drawn vehicles and vehicles exempted from required lighting equipment under the laws of the Coquille Indian Tribe and the State of Oregon providing for such.

5. Tow vehicle warning lights on tow vehicles shall be activated when the tow vehicles are engaged in connecting with other vehicles and drawing such vehicles onto highways or while servicing disabled vehicles.

6. When limited visibility conditions exist a person shall use a distribution of light or composite beam that is directed sufficiently high and that is of such intensity so as to reveal persons and vehicles on the highway at a safe distance in advance of the vehicle. A person violates this subsection if the person does not comply with the following:

(a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, the driver must use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The use of the low beams of the vehicle headlight system is in compliance with this paragraph at all times regardless of road contour and loading of the vehicle.

(b) Except when in the act of overtaking or passing, a driver of a vehicle following another vehicle within 350 feet to the rear must use the low beams of the vehicle headlight system.

7. When a vehicle is upon a highway a person shall light not more than a total of four lights at any one time that are mounted on the front of a vehicle and that each projects a beam of intensity greater than 300 candlepower.

8. A light, other than a headlight, that projects a beam of light of an intensity greater than 300 candlepower shall not be operated on a vehicle:

(a) Unless the beam is so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle; or

(b) When use of the low beams of the vehicle headlight system is required under subsection (6) of this section.

9. A spotlight shall not be lighted upon approaching another vehicle unless the spotlight is so aimed and used so that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle upon which it is mounted, more than 100 feet ahead of the vehicle.

10. Auxiliary lights mounted higher than 54 inches shall not be lighted when the vehicle is used on a highway.

11. A back-up light shall not be lighted when the vehicle is in forward motion.

12. Bus safety lights shall only be operated in accordance with the following:

(a) The lights may be operated when the vehicle is stopping or has stopped for the purpose of loading or unloading students who are going to or from any school or authorized school activity or function.

(b) The lights may be operated when the vehicle is stopping or has stopped for the purpose of loading or unloading workers from worker transport buses.

(c) The lights may be operated when the vehicle is stopping or has stopped for the purpose of loading or unloading children being transported to or from religious services or an activity or function authorized by a religious organization.

(d) The lights may be operated when the vehicle is stopping or has stopped in a place that obstructs other drivers' ability to see the bus safety lights on another vehicle.

(e) Notwithstanding any other paragraph of this subsection, the lights shall not be operated if the vehicle is stopping or has stopped at an intersection where traffic is controlled by electrical traffic control signals, other than flashing signals, or by a police officer.

(f) Notwithstanding any other paragraph of this subsection, the lights shall not be operated if the vehicle is stopping or has stopped at a loading or unloading area where the vehicle is completely off the roadway.

13.(a) Hazard lights shall be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing.

(b) Hazard lights shall be used by the first and last vehicles in a funeral procession.

14. Mail delivery lights may be used only while in active service transporting United States mail for the purpose of warning other vehicle operators of the vehicle's presence and to exercise caution in approaching, overtaking or passing. A vehicle with mail delivery lights is in compliance with this subsection if the lights are flashed continuously while the vehicle is in motion in active service transporting mail or if the lights are actuated by application of the service brake while the vehicle is parked.

15. A pilot vehicle warning light may be activated only when the vehicle equipped with the light is an escort accompanying a motor vehicle carrying or towing a load of a size or description not permitted under applicable law.

16. Fire company warning lights authorized under applicable law may be used by an authorized entity in response to a fire alarm. Fire company warning lights authorized under 675A.800 may be used by funeral escort vehicle or funeral lead vehicle drivers while driving in a funeral procession. The lights shall be covered or otherwise concealed when not being displayed as provided in this subsection.

17. Any lighted headlights upon a parked vehicle shall be dimmed.

675A.520 Unlawful use or failure to use lights; penalty.

1. A person commits the offense of unlawful use or failure to use lights if the person does any of the following:

(a) Drives or moves on any highway any vehicle at a time when vehicle lighting is required to be operated or is prohibited from being operated under 675A.515 and operates or fails to operate lighting equipment as required under 675A.515.

(b) Owns a vehicle or combination of vehicles and causes or knowingly permits the vehicle or combination of vehicles to be driven or moved on any highway at a time when 675A.515 requires or prohibits the operation of vehicle lighting equipment without compliance with the requirements under 675A.515.

2. The application of this section is subject to the exemptions from this section established under 675A.525.

3. The offense described in this section, unlawful use of or failure to use lights, is a traffic infraction.

675A.525 Exemptions from requirements for use of lights.

This section establishes exemptions from 675A.515 and 675A.520. The exemptions under this section are in addition to any exemptions under other applicable law. The exemptions established under this section are partial or complete as described in the following:

1. 675A.515 and 675A.520 shall not be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of those sections.

2. Except for the provisions relating to exempt-vehicle safety lighting equipment, 675A.515 and 675A.520 do not apply to any of the following:

(a) Road machinery.

(b) Road rollers.

(d) Antique motor vehicles that are maintained as a collector's item and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

3. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lighting equipment, except the taillight, which by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination, need not be lighted. This subsection shall not affect the requirement that lighted clearance lights be displayed on the front of the foremost vehicle required to have clearance lights nor the requirement that all lights on the rear of the rearmost vehicle of the combination be lighted.

4. Lighting equipment on bicycles shall be lighted as required under applicable law.

5. Parked or stopped vehicles are not required to display parking lights if the road authority for the highway provides by ordinance or resolution that no lights need be displayed upon a vehicle parked on the highway in accordance with legal parking regulations where there is sufficient light to render clearly discernible any person or object within a distance of 500 feet from the highway.

6. Nothing under 675A.515 and 675A.520 limits the ability to use the following lights with any other lights during the day or at night:

(a) Public vehicle warning lights.

(b) Pilot vehicle warning lights.

(d) Police lights.

7. Requirements for use of motorcycle and moped headlights are provided for under the laws of the State of Oregon and/or the Coquille Indian Tribe.

675A.526 Safety campaign for use of headlights. The Coquille Indian Tribe supports the safety campaign to educate people about the advantages of using headlights in fog or rain or when driving on a single lane highway.

(Flares)

675A.530 Failure to post warnings for disabled vehicle; application; penalty.

1. A person commits the offense of failure to post warnings for a disabled vehicle if the person is the driver, or other person in charge of a vehicle subject to this section, and the person does not cause the placement of roadside vehicle warning devices when the vehicle is disabled during limited visibility conditions and cannot immediately be removed from the main traveled portion of a highway outside of a business district or residence district.

2. This section applies only to the following vehicles:

(a) School buses.

(b) School activity vehicles.

(d) Vehicles used in transportation of persons for hire by a nonprofit entity.

(e) A bus being operated for transporting children to and from religious services or an activity or function authorized by the religious organization.

(f) Commercial buses.

(g) Motor trucks with a registration weight in excess of 8,000 pounds.

(h) Trailers with a registration weight in excess of 8,000 pounds.

3. Requirements to be equipped with roadside vehicle warning devices are contained in other applicable law.

4. The offense described in this section, failure to post warnings for a disabled vehicle, is a traffic infraction.

OBEYING POLICE

675A.535 Failing to obey police officer; penalty.

1. A person commits the offense of failing to obey a police officer if the person refuses or fails to comply with any lawful order, signal or direction of a police officer who:

(a) Is displaying the police officer's star or badge; and

(b) Has lawful authority to direct, control or regulate traffic.

2. The offense described in this section, failing to obey a police officer, is a traffic infraction.

PARKING, STOPPING AND STANDING

(Generally)

675A.550 Places where stopping, standing and parking prohibited.

This section establishes places where stopping, standing and parking a vehicle are prohibited for purposes of the penalties under 675A.555. Except as provided under an exemption in 675A.560, a person is in violation of 675A.555 if a person parks, stops or leaves standing a vehicle in any of the following places:

1. Upon a roadway outside a business district or residence district, whether attended or unattended, when it is practicable to stop, park or leave the vehicle standing off the roadway. Exemptions under 675A.560 (1), (7) and (9) are applicable to this subsection.

2. On a shoulder, whether attended or unattended, unless a clear and unobstructed width of the roadway opposite the standing vehicle is left for the passage of other vehicles and the standing vehicle is visible from a distance of 200 feet in each direction upon the roadway or the person, at least 200 feet in each direction upon the roadway, warns approaching motorists of the standing vehicle by use of flaggers, flags, signs or other signals. Exemptions under 675A.560 (9) are applicable to this subsection.

3. On the roadway side of a vehicle stopped or parked at the edge or curb of a highway. Exemptions under 675A.560 (7) are applicable to this subsection.

4. On a sidewalk. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

5. Within an intersection. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

6. On a crosswalk. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

7. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs and markings. For purposes of this subsection the safety zone must be an area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

8. Alongside or opposite a street excavation or obstruction when stopping, standing or parking would obstruct traffic. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

9. Upon a bridge or other elevated structure upon a highway. Exemptions under 675A.560 (4) to (8) are applicable to this subsection.

10. Within a highway tunnel. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

11. On any railroad tracks or within seven and one-half feet of the nearest rail at a time when the parking of vehicles would conflict with railroad operations or repair of the railroad tracks. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

12. On a throughway. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

13. In the area between roadways of a divided highway, including crossovers. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

14. At any place where traffic control devices prohibit stopping. Exemptions under 675A.560 (4) to (7) are applicable to this subsection.

15. In front of a public or private driveway. Exemptions under 675A.560 (2) and (4) to (7) are applicable to this subsection.

16. Within 10 feet of a fire hydrant. Exemptions under 675A.560 (2) and (4) to (7) are applicable to this subsection.

17. Within 20 feet of a crosswalk at an intersection. Exemptions under 675A.560 (2) and (4) to (7) are applicable to this subsection.

18. Within 50 feet upon the approach to an official flashing signal, stop sign, yield sign or traffic control device located at the side of the roadway if the standing or parking of a vehicle will obstruct the view of any traffic control device located at the side of the roadway. Exemptions under 675A.560 (2) and (4) to (7) are applicable to this subsection.

19. Within 15 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station, within 75 feet of the entrance. Exemptions under 675A.560 (2) and (4) to (7) are applicable to this subsection.

20. At any place where traffic control devices prohibit standing. Exemptions under 675A.560 (2) and (4) to (7) are applicable to this subsection.

21. Within 50 feet of the nearest rail of a railroad crossing. Exemptions under 675A.560 (3) to (7) are applicable to this subsection.

22. At any place where traffic control devices prohibit parking. Exemptions under 675A.560 (3) to (7) are applicable to this subsection.

23. On a bicycle lane. Exemptions under 675A.560 are applicable to this subsection.

24. On a bicycle path. Exemptions under 675A.560 are applicable to this subsection.

675A.555 Illegal stopping, standing or parking; affirmative defense; penalty.

1. A person commits the offense of illegal stopping, standing or parking if:

(a) The person stops, parks or leaves standing a vehicle in a place where such stopping, parking or standing is prohibited under 675A.550; or

(b) The person is the owner of an unattended vehicle parked in a place where such parking is prohibited under 675A.550.

2. Exemptions from this section are established under 675A.560.

3. A police officer may move or require to be moved a vehicle that is stopped, parked or left standing in violation of this section.

4. It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

5. The offense described by this section, illegal stopping, standing or parking, is a traffic infraction.

675A.560 Exemptions from prohibitions on stopping, standing and parking.

This section provides exemptions from 675A.550 and 675A.555. The following exemptions are applicable as provided under 675A.550:

1. When applicable, this subsection exempts school buses or worker transport buses stopped on a roadway to load or unload workers or children, providing that the flashing school bus safety lights on the bus are operating.

2. When applicable, this subsection exempts vehicles stopped, standing or parked momentarily to pick up or discharge a passenger.

3. When applicable, this subsection exempts vehicles stopped, standing or parked momentarily for the purpose of and while actually engaged in loading or unloading property or passengers.

4. When applicable, this subsection exempts vehicles owned or operated by the Coquille Indian Tribe or other governmental entity, or any corporation chartered under Coquille Tribal law when stopping, standing or parking is necessary to perform authorized maintenance or repair work on the roadway.

5. When applicable, this subsection exempts vehicles from the prohibitions and penalties when the driver's disregard of the prohibitions is necessary to avoid conflict with other traffic.

6. When applicable, this subsection exempts vehicles acting in compliance with law or at the direction of a police officer or a traffic control device.

7. When applicable, this subsection exempts the driver of a vehicle that is disabled in such manner and to such extent that the driver cannot avoid stopping or temporarily leaving the disabled vehicle in a prohibited position.

8. When applicable, this subsection exempts vehicles owned or operated by government officials when stopping, standing or parking is necessary to enable employees to release fish.

9. When applicable, this subsection exempts vehicles momentarily stopped to allow oncoming traffic to pass before making a right-hand or left-hand turn or momentarily stopped in preparation for or while negotiating an exit from the road.

675A.565 Dangerous movement of stopped, standing or parked vehicle; penalty.

1. A person commits the offense of dangerous movement of a stopped, standing or parked vehicle if the person moves a vehicle so stopped, standing or parked when the movement cannot be made with reasonable safety.

2. The offense described in this section, dangerous movement of a stopped, standing or parked vehicle, is a traffic infraction.

675A.570 Improperly positioning parallel parked vehicle; exception; affirmative defense; penalty.

1. A person commits the offense of improperly positioning a parallel parked vehicle if:

(a) The person stops or parks a vehicle on a highway where parallel parking is permitted and the vehicle is not parked in accordance with the following:

(1) Upon a two-way highway, the vehicle shall be positioned so that the right-hand wheels are parallel to and within 12 inches of the right curb or, if none, as close as possible to the right edge of the right shoulder.

(2) On a one-way highway where parallel parking is permitted on either side, a vehicle parked or stopped on the right side shall be positioned in accordance with the requirements of subparagraph (A) of this paragraph and a vehicle parked or stopped on the left side shall be positioned so that the left-hand wheels are parallel to and within 12 inches of the left curb or, if none, as close as possible to the left edge of the left shoulder.

(3) Where marked parking spaces are provided, a vehicle shall be positioned so that it faces in the direction in which vehicles in the adjacent lane of the roadway are required to travel and so that the wheels are within the parking space markings which are parallel to the curb or, if none, to the edge of the shoulder; or

(b) The person is the owner of an unattended vehicle parked on a highway in violation of paragraph (a) of this subsection.

2. The provisions of this section do not apply to the driver of a vehicle that is disabled in such manner and to such extent that the driver cannot avoid stopping or temporarily leaving the disabled vehicle in a position prohibited by this section.

3. A police officer may move or require to be moved a vehicle that is parked in violation of this section.

5. The offense described in this section, improperly positioning a parallel parked vehicle, is a traffic infraction.

675A.575 Violation of posted parking restrictions on highways; affirmative defense; penalty.

1. A person commits the offense of violation of posted parking restrictions on highways if appropriate signs or markings are posted giving notice of any regulations, restrictions or prohibitions on the parking, stopping or standing of vehicles on a highway and:

(a) The person parks, stops or stands a vehicle on a highway in violation of any such regulations, restrictions or prohibitions; or

(b) The person is the owner of an unattended vehicle parked on a highway in violation of any such regulations, restrictions or prohibitions.

2. Authority to impose restrictions, regulations and prohibitions on parking, stopping or standing of vehicles on highways is established under other applicable law.

3. It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

4. The offense described in this section, violation of posted parking restrictions on highways, is a traffic infraction.

675A.580 Parking vehicle on highway for vending purposes; penalty.

1. A driver commits the offense of unlawful parking for vending purposes if the person parks or leaves standing a vehicle on a right of way of a highway for the purpose of advertising, selling or offering merchandise for sale except pursuant to written agreement with all applicable authorities having jurisdiction over that highway.

2. The offense described in this section, unlawful parking for vending purposes is a traffic infraction.

675A.585 Failure to secure motor vehicle; affirmative defense; penalty.

1. A person commits the offense of failure to secure a motor vehicle if the person is driving or is in charge of a motor vehicle and:

(a) The person permits the vehicle to stand unattended on a highway without first doing all of the following:

(1) Stopping the engine.

(2) Turning the front wheels to the curb or side of the highway when standing upon any grade.

(3) Locking the ignition.

(4) Removing the key from the ignition.

(5) Effectively setting the brake on the vehicle; or

(b) The person is the owner of an unattended motor vehicle parked on a highway in violation of paragraph (a) of this subsection.

2. It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

3. The offense described in this section failure to secure a motor vehicle, is a traffic infraction.

(Parking for Disabled Persons)

675A.615 Unlawful parking in space reserved for disabled persons; exceptions; penalty.

1. A person commits the offense of unlawful parking in a space reserved for disabled persons if:

(a) The person parks a vehicle in any parking space that is on private or public property and that is marked or signed to provide parking for disabled persons and the vehicle does not conspicuously display a disabled person parking permit; or

(b) The person parks a vehicle in the disabled access aisle required by applicable law regardless of whether or not the vehicle displays a disabled person parking permit.

2. This section does not apply to any of the following:

(a) Momentarily parking a vehicle in a parking space marked or signed for disabled persons for the purposes of allowing a disabled person to enter or leave the vehicle.

(b) Any parking space that is marked or signed to provide parking for disabled persons and that is subject to different provisions or requirements under other law or ordinance if the different provisions or requirements are clearly posted.

3. Unless the police officer or other authorized person issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle and the citation issued for the violation may be placed upon the vehicle. If the parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, the operator of the vehicle is in violation of this section.

4. The penalties provided by this section are in addition to the following:

(a) A vehicle parked on private property in violation of this section is subject to removal and to lien and sale.

(b) A vehicle parked in violation of this section may be removed and sold as provided under 675A.620.

5. The offense described in this section, unlawful parking in a space reserved for disabled persons, is a traffic infraction.

675A.617 Blocking parking space reserved for disabled person; penalty.

1. A person commits the offense of blocking a parking space reserved for disabled persons if the person:

(a) Stops or parks a vehicle in such a way as to block access to a parking space that is on private or public property and that is marked or signed to provide parking for disabled persons; or

(b) Places an object or allows an object to be placed in such a manner that it blocks access to a parking space that is on private or public property and that is marked or signed to provide parking for disabled persons.

2.(a) Unless the police officer or other authorized person issuing the citation witnesses the stopping or parking of a vehicle in violation of subsection (1)(a) of this section, there is a rebuttable presumption that the vehicle was stopped or parked by the registered owner of the vehicle and a citation issued for the violation may be placed upon the vehicle. If the stopping or parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, or if the operator is in the vehicle, the operator of the vehicle is in violation of this section.

(b) Unless the police officer or other authorized person issuing the citation witnesses the blocking of a parking space in violation of subsection (1)(b) of this section, there is a rebuttable presumption that the owner of the parking lot placed or allowed placement of the object blocking access to the parking space and a citation may be issued to the owner. If a police officer or other person issuing the citation sees a person placing an object in violation of subsection (1)(b) of this section, the officer or other person may issue the citation to the person seen.

3. For purposes of this section, a parking space includes any adjacent access aisle.

4. The offense described in this section, blocking a parking space reserved for disabled persons, is a traffic infraction.

675A.620 Removal of vehicle illegally parked in space reserved for disabled persons.

If a vehicle is illegally parked in violation of 675A.615, the vehicle may be removed and, if notice required under subsection (3) of this section is given, is subject to costs for the removal and storage of the vehicle as provided under the following:

1. The owner of private property may have the vehicle removed from the property in the manner provided for removal of vehicles.

2. Subject to subsection (3) of this section, the Tribal Police may provide for the removal and storage of the vehicle and the vehicle shall be subject to the following:

(a) The Tribal Police may require payment of reasonable costs for removal and storage of the vehicle before the vehicle is released.

(b) If the vehicle is not claimed and any fees required under this subsection are not paid within 30 days of the removal, a lien attaches to the vehicle and its contents for the reasonable costs for removal and storage of the vehicle and contents.

3. If a vehicle is removed under subsection (2) of this section, the garagekeeper or public parking operator removing the vehicle shall:

(a) Notify the Tribal Police of the location of the vehicle within one hour after the vehicle is placed in storage; and

(b) Unless the vehicle is claimed, give notice of the location of the vehicle, within 10 days after the vehicle is placed in storage, to the vehicle owner or any other person with an interest in the vehicle, as indicated by the title records. If notice under this paragraph is given by mail, it must be mailed within the 10-day period, but need not be received within that period.

675A.625 Unlawful use of disabled person parking permit by nondisabled person; penalty.

1. A person commits the offense of the unlawful use of a disabled person parking permit by a nondisabled person if the person:

(a) Is not a disabled person and is not transporting the holder of a disabled person parking permit to or from the parking location; and

(b) The person uses an authorized disabled person parking permit to exercise any privileges granted under 675A.635.

2. The offense described in this section, unlawful use of disabled person parking permit by a nondisabled person, is a traffic infraction.

675A.632 Appointment of volunteers to issue citations for violation of disabled person parking laws.

1. The Tribal Police authorized to enforce parking laws may appoint volunteers to issue citations for violations of 675A.615, 675A.617, and 675A.625, or of ordinances dealing with parking privileges for disabled persons. Volunteers appointed under this subsection must be at least 21 years of age. The Tribal Police appointing the volunteers may establish any other qualifications the agency deems desirable.

2. Any agency appointing volunteers under this section shall provide training to the volunteers before authorizing them to issue citations.

3. A citation issued by a volunteer appointed under this section shall have the same force and effect as a citation issued by a police officer for the same offense.

675A.635 Privileges granted by disabled person parking permit.

Disabled persons have the same parking privileges as those described under the laws of the State of Oregon or the United States and enforceable pursuant to Coquille Tribal laws.

ACCIDENTS

(Duties)

675A.710 Failure to perform duties of driver when animal is injured; penalty.

1. A person commits the offense of failure to perform the duties of a driver when an animal is injured if the person knowingly strikes and injures a domestic animal and the person does not do all of the following:

(a) Stop at once.

(b) Make a reasonable effort to determine the nature of the animal's injuries.

(d) Immediately report the injury to the animal's owner.

(e) If unable to contact the owner of the animal, notify a police officer.

2. The requirements under this section for a driver to stop and attend an injured animal depend on the traffic hazards then existing.

3. The offense described in this section, failure to perform the duties of a driver when an animal is injured, is a traffic infraction.

675A.715 Failure to perform duties of witness to accident; penalty.

1. A person commits the offense of failure to perform the duties of a witness to an accident if the person:

(a) Witnesses an accident that results in injury or death to any person or causes damage to a vehicle that is driven or attended by any person; and

(b) Does not furnish to the driver or occupant of such vehicles or injured person, the true name and address of the witness.

2. The offense described in this section, failure to perform the duties of a witness to an accident, is a traffic infraction.

(Reports)

675A.720 When accident must be reported.

1. Any accident occurring on a highway or upon premises open to the public resulting in injury or death to any person or damage to the property of any person in excess of $1,000 is subject to the reporting requirements under the following sections:

(a) The reporting requirements for drivers under 675A.725.

(b) The reporting requirements for occupants of vehicles in accidents under 675A.735.

2. The dollar amount specified in subsection (1) of this section may be increased every five years by the Coquille Tribal Council based upon any increase in the Portland Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor during the preceding 12-month period. The amount determined under this subsection shall be rounded to the nearest 100 dollars.

675A.725 Driver failure to report accident; penalty.

1. The driver of a vehicle commits the offense of driver failure to report an accident if the driver does any of the following:

(a) Is driving any vehicle that is involved in an accident required to be reported under 675A.720 and does not, within 72 hours of the accident, complete a report of the accident in a form approved by the Oregon Department of Transportation and forward the report to one of the following:

(1) The Oregon Department of Transportation.

(2) The Tribal Police.

(3) The sheriff of the county in which the accident occurs.

(4) The chief of police of the city in which the accident occurs.

(5) Any other agency the department establishes for the purpose of receiving accident reports.

(b) Is driving a vehicle that is involved in an accident and does not submit to the department any report required by the Oregon Department of Transportation that is other than or in addition to the reports required by this section. The Oregon Department of Transportation may request a supplemental report if in the opinion of the Oregon Department of Transportation the original report is insufficient.

(c) Is driving any vehicle that is involved in an accident required to be reported under 675A.720 and does not, within 72 hours of the accident, certify to the Oregon Department of Transportation, in a form furnished by the Oregon Department of Transportation, that at the time of the accident the person was in compliance with the financial responsibility requirements.

2. The certification of compliance with financial responsibility required under this section is subject to the prohibitions and penalties for false certification under the laws of the State of Oregon.

3. The reports described under this section are subject to the provisions of other applicable law relating to the use of such reports after submission. Exemptions from requirements to certify compliance with financial responsibility are established under the laws of the State of Oregon.

4. A driver may be required to file additional accident reports as provided under the laws of the State of Oregon.

5. The offense described in this section, driver failure to report an accident, is a traffic infraction.

675A.730 Owner failure to report accident; penalty.

1. The owner of a vehicle commits the offense of owner failure to report an accident if the owner does any of the following:

(a) If the person owns a vehicle that is involved in an accident that is required to be reported under 675A.720 and all of the following apply:

(A) The accident occurred while the vehicle was driven by someone other than the owner of the vehicle.

(B) The driver of the vehicle does not make an accident report as required under 675A.725.

(C) The owner of the vehicle fails to re port the accident to the Oregon Department of Transportation in a form specified by the Oregon Department of Transportation as soon as the owner learns of the accident.

(b) If the person is the owner of a vehicle involved in an accident and the person does not make any additional reports the Oregon Department of Transportation may require.

2. The offense described in this section, owner failure to report an accident, is a traffic infraction.

675A.735 Failure of vehicle occupant to make accident report; penalty.

1. A person commits the offense of failure of a vehicle occupant to make an accident report if:

(a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in an accident required to be reported under 675A.720;

(b) The driver of the vehicle is physically incapable of making an accident report required under 675A.725; and

2. This section does not require an occupant of a vehicle who is not a driver to make any certification of compliance with financial responsibility requirements.

3. The offense described in this section, failure of a vehicle occupant to make an accident report, is a traffic infraction.

FUNERAL PROCESSIONS

675A.800 Operation of funeral vehicles with improper lights.

1. A person commits the offense of operation of a funeral escort vehicle or a funeral lead vehicle with improper lights if the person:

(a) Fails to equip the funeral escort vehicle or funeral lead vehicle with at least one "fire company warning light" as described under applicable law; or

(b) Uses the "fire company warning light" at any time except during a funeral procession.

2. No ordinance or other regulation shall prohibit the use of warning lights on a funeral escort vehicle or funeral lead vehicle while driving in a funeral procession.

3. The offense described in this section, operation of a funeral escort vehicle or funeral lead vehicle with improper lights, is a traffic infraction.

675A.802 Failure to yield right of way to funeral procession; penalty.

1. A person commits the offense of failure to yield the right of way to a funeral procession if the funeral procession is accompanied by a funeral escort vehicle or a funeral lead vehicle and the person does not do the following:

(a) Yield the right of way to the funeral procession.

(b) Stop before entering any intersection and remain stopped until the funeral procession has passed.

2. Except as otherwise provided in subsection (3) of this section and except for emergency vehicles and police vehicles or at the direction of a police officer, this section applies to pedestrians, bicyclists, motor vehicle drivers and anyone else in the path of a funeral procession.

3. This section applies only to persons who knew or in the exercise of reasonable care should have known of the presence of a funeral procession.

4. The offense described in this section, failure to yield the right of way to a funeral procession, is a traffic infraction.

675A.804 Intersection rules for funeral processions.

1. While exercising due caution regarding the safety of others, notwithstanding any traffic control device, right of way provisions or other provisions of the Coquille Indian Tribe Rules of the Road, if the funeral escort vehicle or funeral lead vehicle lawfully enters an intersection, the following procession may enter the intersection without stopping.

2. Notwithstanding subsection (1) of this section, the vehicles in the funeral procession shall yield the right of way:

(a) To an emergency vehicle giving an audible or visible signal; or

(b) If directed by a police officer to do so.

675A.806 Exceeding maximum speed for funeral procession; penalty.

1. Notwithstanding any other provision of law, a person commits the offense of exceeding the maximum speed for a funeral procession if:

(a) The person is driving in a funeral procession on a highway with a speed limit of less than 50 miles per hour and the person drives at a speed that exceeds five miles per hour less than the speed limit; or

(b) The person is driving in a funeral procession on a highway with a speed limit greater than 50 miles per hour and the person drives at a speed that exceeds 45 miles per hour.

2. The offense described in this section, exceeding the maximum speed for a funeral procession, is a traffic infraction.

675A.808 Exemption from speed limits for funeral escort vehicle.

Notwithstanding 675A.112 or 675A.295, while overtaking the funeral procession in order to direct traffic at the next intersection, the funeral escort vehicle may exceed the posted speed limit by 10 miles per hour and may cross the center line of a roadway that is divided into two or more lanes.

675A.810 Disrupting funeral procession; penalty.

1. A person commits the offense of disrupting a funeral procession if:

(a) The person is driving a vehicle that is not a member of the funeral procession and the person drives between the vehicles in a funeral procession; or

(b) The person is driving a vehicle that is not a member of the funeral procession and the person joins the funeral procession in order to be exempt from any rule of the road.

2. This section does not apply to any emergency vehicle or police vehicle while that vehicle is performing emergency or police duties.

3. The offense described in this section, disrupting a funeral procession, is a traffic infraction.

675A.812 Free passage for funeral procession vehicles.

Any person or vehicle participating in a funeral procession shall be allowed to pass free through all tollgates, tunnels, toll bridges and ferries.