Rules of the Road for Drivers

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]

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

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