Rules of the Road for Drivers

ORS 811.265
Driver failure to obey traffic control device

  • penalty

(1)

A person commits the offense of driver failure to obey a 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 ORS 811.260 (Appropriate driver responses to traffic control devices) 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 under ORS 820.300 (Exemptions from traffic laws).

(c)

Properly proceeding on a red light as authorized under ORS 811.360 (Vehicle turns permitted at stop light).

(d)

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

(e)

Properly entering an intersection or executing a turn at a stop sign as authorized under ORS 814.414 (Improper entry into intersection controlled by stop sign).

(f)

Properly entering an intersection or executing a turn at a flashing red signal as authorized under ORS 814.416 (Improper entry into intersection controlled by flashing red signal).

(3)

The offense described in this section, driver failure to obey a traffic control device, is a Class B traffic violation. [1983 c.338 §608; 1991 c.482 §13; 2015 c.147 §3; 2019 c.683 §5]

Notes of Decisions

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

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

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