ORS 810.250
Use of traffic control device placement or legibility as evidence

(1)

A person shall not be convicted of violating a provision of the vehicle code for which an official traffic control device is required if the device is not in proper position and legible to a reasonably observant person at the time and place of the alleged violation.

(2)

Whenever a particular section of the vehicle code does not state that traffic control devices are required, the section is effective even though no devices are erected or in place.

(3)

When a traffic control device is placed in position approximately conforming to the requirements of the traffic regulations or other laws of this state, the device is presumed to have been placed by an official act or at the direction of lawful authority unless the contrary is established by competent evidence.

(4)

A traffic control device placed under the vehicle code or other laws or regulations of this state and purporting to conform to the lawful requirements pertaining to that device is presumed to comply with the requirements of the vehicle code unless the contrary is established by competent evidence. [1983 c.338 §167]

Source: Section 810.250 — Use of traffic control device placement or legibility as evidence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors810.­html.

Notes of Decisions

Proper positioning of traffic control device is not element of offense of failure to obey traffic control device (ORS 811.265), but is fact that defendant is entitled to challenge by affirmative defense. State v. Boly, 210 Or App 132, 149 P3d 1237 (2006)

810.010
Jurisdiction over highways 810.012
Jurisdiction over access to facilities and services from certain roads 810.020
Regulating use of throughway 810.030
Imposition of restrictions on highway use 810.040
Designation of truck routes 810.050
Increase or decrease in size or weight limits on highways if federal mandate allows or requires 810.060
Increase in weight or size if highway found capable of supporting increase 810.070
Use of golf carts on highways 810.080
Pedestrian traffic 810.090
Bicycle racing 810.100
Restriction of animal traffic to bridle paths 810.110
Designation of through highways and stop intersections 810.120
Designation of no passing zones 810.130
One-way highways 810.140
Designation of exclusive use lanes 810.150
Drain construction 810.160
Controlling parking on highways 810.170
Winter recreation parking locations 810.180
Designation of maximum speeds 810.200
Uniform standards for traffic control devices 810.210
Placement and control of traffic control devices 810.212
Requirements for certain speed limit signs 810.214
Signs prohibiting unmuffled engine brakes 810.220
Exemption from traffic control device specifications 810.230
Unlawful sign display 810.240
Unlawful interference with traffic control device or railroad sign 810.243
Operation of flashing light indicating children in school zone 810.245
Signs giving notice of consequences of traffic offenses committed in school zones 810.247
Signs giving notice of multilane roundabouts 810.250
Use of traffic control device placement or legibility as evidence 810.260
Standards for installation, operation and use of traffic control signal operating devices 810.300
Security for appearance on traffic crime 810.310
Use of license as security deposit 810.320
Use of guaranteed arrest bond certificate as security deposit 810.330
Use of automobile membership card as security deposit 810.340
Proceedings 810.350
Procedures for overloading and certain other violations 810.365
Failure to appear on certain parking offenses 810.370
Court to forward traffic conviction records to department 810.375
Duties of judges or court clerks 810.400
Uniform or badge required 810.410
Arrest and citation 810.415
Removal of vehicles, cargo or debris from roadway after collision 810.420
Use of speed measuring device 810.425
Procedure in certain parking cases 810.430
Movement of illegally parked vehicles 810.434
Photo red light 810.435
Use of photographs 810.436
Citations based on photo red light 810.437
Citations for speeding based on photo red light 810.438
Photo radar 810.439
Citations based on photo radar 810.441
Photo radar 810.442
Citations based on photo radar in highway work zones 810.443
Photo radar 810.444
Citations based on photo radar in urban high crash corridors 810.445
Use of citation amounts in City of Portland 810.448
Security for appearance of person arrested for traffic crime 810.450
Security for appearance of person issued citation 810.460
Officer’s accident report 810.480
Inspections involving vehicle dealers and dismantlers 810.490
Weighing and measuring vehicles 810.500
Stopping and testing vehicles for equipment violations 810.510
State police inspection for mechanical condition and equipment 810.520
Vehicle repair warning 810.530
Authority of weighmasters and motor carrier enforcement officers 810.540
Enforcement of snowmobile and all-terrain vehicles violations by persons other than police officers 810.550
Authority of railroad officers to move illegally parked vehicles 810.560
Certification and training of commercial vehicle inspectors
Green check means up to date. Up to date

Current through early 2024

§ 810.250’s source at oregon​.gov