Rules of the Road for Drivers

ORS 811.028
Failure to stop and remain stopped for pedestrian

  • penalty


(1)

The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is:

(a)

Proceeding in accordance with a traffic control device as provided under ORS 814.010 (Appropriate responses to traffic control devices) or crossing the roadway in a crosswalk; and

(b)

In any of the following locations:

(A)

In the lane in which the driver’s vehicle is traveling;

(B)

In a lane adjacent to the lane in which the driver’s vehicle is traveling;

(C)

In the lane into which the driver’s vehicle is turning;

(D)

In a lane adjacent to the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed as provided under ORS 814.010 (Appropriate responses to traffic control devices); or

(E)

Less than six feet from the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that has a traffic control device under which a pedestrian may proceed as provided under ORS 814.010 (Appropriate responses to traffic control devices).

(2)

For the purpose of this section, a bicycle lane or the part of a roadway where a vehicle stops, stands or parks that is adjacent to a lane of travel is considered to be part of that adjacent lane of travel.

(3)

This section does not require a driver to stop and remain stopped for 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.

(4)

For the purposes of this section, a pedestrian is crossing the roadway in a crosswalk when any part or extension of the pedestrian, including but not limited to any part of the pedestrian’s body, wheelchair, cane, crutch or bicycle, moves onto the roadway in a crosswalk with the intent to proceed.

(5)

The offense described in this section, failure to stop and remain stopped for a pedestrian, is a Class B traffic violation. [2005 c.746 §2; 2011 c.507 §1]
Note: 811.028 (Failure to stop and remain stopped for pedestrian) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Source

Last accessed
Jun. 26, 2021