Rules of the Road for Drivers

ORS 811.425
Failure of slower driver to yield to overtaking vehicle

  • penalty


(1)

A person commits the offense of failure of a slower driver to yield to overtaking vehicle if the person is driving a vehicle and the person fails to move the person’s vehicle off the main traveled portion of the highway into an area sufficient for safe turnout when:

(a)

The driver of the overtaken vehicle is proceeding at a speed less than a speed established in ORS 811.105 (Speeds that are evidence of basic rule violation) as prima facie evidence of violation of the basic speed rule;

(b)

The driver of the overtaking vehicle is proceeding at a speed in conformity with ORS 811.105 (Speeds that are evidence of basic rule violation);

(c)

The highway is a two directional, two-lane highway; and

(d)

There is no clear lane for passing available to the driver of the overtaking vehicle.

(2)

This section does not apply to the driver of a vehicle in a funeral procession.

(3)

The offense described in this section, failure of a slower driver to yield to overtaking vehicle, is a Class B traffic violation. [1983 c.338 §640; 1991 c.482 §16; 1995 c.383 §68; 2001 c.104 §307; 2003 c.819 §15]

Notes of Decisions

Under Former Similar Statute

Police officer's testimony that he observed at least eight cars lined up behind defendant's, that speed faster than defendant was traveling was not unreasonable under circumstances, and that there were areas in which defendant could have made a safe turnout, was sufficient to support conviction under this section. State v. Smith, 30 Or App 475, 567 P2d 579 (1977), 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