Rules of the Road for Drivers

ORS 811.585
Failure to secure motor vehicle

  • affirmative defense
  • penalty


(1)

A person commits the offense of failure to secure a motor vehicle if the person is driving or is in charge of a motor vehicle and:

(a)

The person permits the vehicle to stand unattended on a highway without first doing all of the following:

(A)

Stopping the engine.

(B)

Turning the front wheels to the curb or side of the highway when standing upon any grade.

(C)

Locking the ignition.

(D)

Removing the key from the ignition.

(E)

Effectively setting the brake on the vehicle; or

(b)

The person is the owner of an unattended motor vehicle parked on a highway in violation of paragraph (a) of this subsection.

(2)

It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

(3)

The offense described in this section, failure to secure a motor vehicle, is a Class D traffic violation. [1983 c.338 §676; 1985 c.16 §326; 1987 c.687 §7; 1995 c.383 §81]
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