ORS 811.105
Speeds that are evidence of basic rule violation

(1)

Any speed in excess of a designated speed posted by authority granted under ORS 810.180 (Designation of maximum speeds) is prima facie evidence of violation of the basic speed rule under ORS 811.100 (Violation of basic speed rule).

(2)

If no designated speed is posted by authority granted under ORS 810.180 (Designation of maximum speeds), any speed in excess of one of the following speeds is prima facie evidence of violation of the basic speed rule:

(a)

Fifteen miles per hour when driving on an alley or a narrow residential roadway.

(b)

Twenty miles per hour in a business district.

(c)

Twenty-five miles per hour in any public park.

(d)

Twenty-five miles per hour on a highway in a residence district if:

(A)

The residence district is not located within a city; and

(B)

The highway is not an arterial highway.

(e)

Fifty-five miles per hour in locations not otherwise described in this section. [1983 c.338 §564; 1985 c.16 §286; 1987 c.887 §10; 1989 c.592 §5; 1995 c.558 §3; 1997 c.404 §5; 1997 c.438 §3; 2003 c.397 §6; 2003 c.819 §6; 2007 c.367 §3; 2019 c.515 §3]

Source: Section 811.105 — Speeds that are evidence of basic rule violation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors811.­html.

See also annotations under ORS 483.104 in permanent edition.

Notes of Decisions

Under former similar statute

Under evidence that accident occurred on road bordering park, whether driver was within public park and subject to speed limit of this section at place of accident was question for jury. Pitts v. Strain, 282 Or 329, 578 P2d 1238 (1978)

In general

School zone speed limit applicable when “children are present” is particular variation on basic speed rule, therefore class of persons intended to be protected by limit is not restricted to children. Stokes v. Lundeen, 168 Or App 430, 7 P3d 586 (2000), Sup Ct review denied

811.005
Duty to exercise due care 811.015
Failure to obey traffic patrol member 811.017
Failure to yield to traffic patrol member 811.020
Passing stopped vehicle at crosswalk 811.025
Failure to yield to pedestrian on sidewalk 811.028
Failure to stop and remain stopped for pedestrian 811.030
Driving through safety zone 811.035
Failure to stop and remain stopped for pedestrian who has limited vision or is blind 811.050
Failure to yield to rider on bicycle lane 811.055
Failure to yield to bicyclist on sidewalk 811.059
Milkman Mike Act 811.060
Vehicular assault 811.065
Unsafe passing of person operating bicycle 811.100
Violation of basic speed rule 811.105
Speeds that are evidence of basic rule violation 811.108
Relationship between speed limits and basic rule 811.109
Penalties for speed violations 811.111
Violating a speed limit 811.124
Meaning of “children are present” in ORS 811.111 811.125
Speed racing on highway 811.127
Organizing a speed racing event 811.130
Impeding traffic 811.135
Careless driving 811.140
Reckless driving 811.145
Failure to yield to emergency vehicle or ambulance 811.147
Failure to maintain safe distance from motor vehicle 811.150
Interference with emergency vehicle or ambulance 811.155
Failure to stop for bus safety lights 811.157
Report by driver of violation of ORS 811.155 811.159
Law enforcement agency response to report of violation of ORS 811.155 811.160
Interference with rail fixed guideway public transportation system operation 811.165
Failure to stop for passenger loading of public transit vehicle 811.167
Failure to yield right of way to transit bus 811.170
Violation of open container law 811.172
Improperly disposing of human waste 811.175
Violation driving while suspended or revoked 811.180
Affirmative defenses 811.182
Criminal driving while suspended or revoked 811.190
Operation with obstructing passenger 811.193
Smoking, aerosolizing or vaporizing in motor vehicle when child is present 811.195
Having passenger in trailer 811.200
Carrying dog on external part of vehicle 811.205
Carrying minor on external part of vehicle 811.207
Legislative findings regarding restraint of children in motor vehicles 811.210
Failure to properly use safety belts 811.215
Exemptions from safety belt requirements 811.220
Certificates of exemption from safety belt requirement 811.225
Failure to maintain safety belts in working order 811.230
Definitions 811.231
Reckless endangerment of highway workers 811.232
Refusing to obey flagger 811.233
Failure to yield right of way to highway worker 811.235
Fine for traffic offenses in school zones 811.250
Law applicable to vehicles registered out of state 811.255
Permitting unlawful operation of vehicle 811.260
Appropriate driver responses to traffic control devices 811.265
Driver failure to obey traffic control device 811.270
Failure to obey one-way designation 811.275
Failure to yield right of way at uncontrolled intersection 811.277
Failure to yield right of way at uncontrolled T intersection 811.280
Failure of driver entering roadway to yield right of way 811.285
Failure of merging driver to yield right of way 811.290
Obstructing cross traffic 811.292
Failure to yield right of way within roundabout 811.295
Failure to drive on right 811.300
Failure to drive on right of approaching vehicle 811.305
Driving on left on curve or grade or at intersection or rail crossing 811.310
Crossing center line on two-way, four-lane road 811.315
Failure of slow driver to drive on right 811.320
Failure to drive to right on divided highway 811.325
Failure to keep camper, trailer or truck in right lane 811.330
Driving wrong way around traffic island 811.335
Unlawful or unsignaled turn 811.340
Improperly executed left turn 811.345
Failure to use special left turn lane 811.346
Misuse of special left turn lane 811.350
Dangerous left turn 811.355
Improperly executed right turn 811.360
Vehicle turns permitted at stop light 811.365
Illegal U-turn 811.370
Failure to drive within lane 811.375
Unlawful or unsignaled change of lane 811.380
Improper use of center lane on three-lane road 811.385
Depriving motorcycle or moped of full lane 811.390
Unlawful use of lights to signal for passing 811.395
Appropriate signals for stopping, turning, changing lanes and decelerating 811.400
Failure to use appropriate signal for turn, lane change, stop or exit from roundabout 811.405
Failure to signal with lights 811.410
Unsafe passing on left 811.415
Unsafe passing on right 811.420
Passing in no passing zone 811.425
Failure of slower driver to yield to overtaking vehicle 811.430
Driving on highway divider 811.435
Operation of motor vehicle on bicycle trail 811.440
When motor vehicles may operate on bicycle lane 811.445
Use of throughway when prohibited 811.450
Violation of posted truck routes 811.455
Failure to stop for railroad signal 811.460
Failure to follow rail crossing procedures for high-risk vehicles 811.462
Failure of operator of commercial motor vehicle to slow down and check tracks 811.465
Exemptions from high-risk vehicle rail crossing procedures 811.470
Improper movement of heavy equipment across rail crossing 811.475
Obstructing rail crossing 811.480
Illegal backing 811.482
Use of marijuana in motor vehicle 811.483
Safety corridors 811.485
Following too closely 811.490
Improper opening or leaving open of vehicle door 811.492
Engine braking 811.495
Unlawful coasting on downgrade 811.500
Unlawful stop or deceleration 811.505
Failure to stop when emerging from alley, driveway or building 811.507
Operating motor vehicle while using mobile electronic device 811.508
Distracted driving avoidance course 811.510
Dangerous operation around livestock 811.512
Unlawfully operating low-speed vehicle on highway 811.513
Unlawfully operating medium-speed electric vehicle on highway 811.514
Unlawfully operating racing activity vehicle on highway 811.515
When lights must be displayed 811.520
Unlawful use or failure to use lights 811.525
Exemptions from requirements for use of lights 811.526
Safety campaign for use of headlights 811.530
Failure to post warnings for disabled vehicle 811.535
Failing to obey police officer 811.540
Fleeing or attempting to elude police officer 811.550
Places where stopping, standing and parking prohibited 811.555
Illegal stopping, standing or parking 811.560
Exemptions from prohibitions on stopping, standing or parking 811.565
Dangerous movement of stopped, standing or parked vehicle 811.570
Improperly positioning parallel parked vehicle 811.575
Violation of posted parking restrictions on state highways 811.580
Parking vehicle on state highway for vending purposes 811.585
Failure to secure motor vehicle 811.587
Unlawful parking in space reserved for alternative fuel vehicle refueling 811.590
Unlawful parking in winter recreation parking area 811.595
Winter recreation parking permit 811.600
Fees for winter recreation parking permits 811.602
Disabled person parking permit 811.603
Parking identification card without photograph 811.604
Application for disabled person parking permit 811.605
Contents of individual placard or decal 811.606
Parking permit for person with temporary disability 811.607
Program placards 811.609
Family placards 811.611
Foreign visitor placard 811.612
Maintenance of privileges after relocation 811.613
Wheelchair User placard 811.615
Unlawful parking in space reserved for persons with disabilities 811.616
Oregon Wounded Warrior placard 811.617
Blocking parking space reserved for persons with disabilities 811.620
Removal of vehicle illegally parked in space reserved for persons with disabilities 811.625
Unlawful use of disabled person parking permit 811.627
Use of invalid disabled person parking permit 811.628
Invalidation of disabled person parking permit 811.630
Misuse of program placard 811.632
Appointment of volunteers to issue citations 811.635
Privileges granted by disabled person parking permit other than program placard 811.637
Privileges granted by program placards 811.700
Failure to perform duties of driver when property is damaged 811.705
Failure to perform duties of driver to injured persons 811.706
Money damages resulting from violation of ORS 811.700 or 811.705 811.707
Crime classification for violation of ORS 811.705 811.710
Failure to perform duties of driver when animal is injured 811.715
Failure to perform duties of witness to accident 811.717
Failure to remove motor vehicle from roadway 811.720
When accident must be reported to Department of Transportation 811.725
Driver failure to report accident to Department of Transportation 811.730
Owner failure to report accident to Department of Transportation 811.735
Failure of vehicle occupant to make accident report to Department of Transportation 811.740
False accident report 811.745
When accident must be reported to police officer or law enforcement agency 811.747
Definitions for ORS 811.748 and 811.750 811.748
Driver failure to report accident to police officer or law enforcement agency 811.750
Failure of vehicle occupant to make accident report to police officer or law enforcement agency 811.800
Operation of funeral vehicles with improper lights 811.802
Failure to yield right of way to funeral procession 811.804
Intersection rules for funeral processions 811.806
Exceeding maximum speed for funeral procession 811.808
Exemption from speed limits for funeral escort vehicle 811.810
Disrupting funeral procession 811.812
Free passage for funeral procession vehicles
Green check means up to date. Up to date

Current through early 2024

§ 811.105’s source at oregon​.gov