734-020-0005
Traffic Control Devices

(1) Manual on Uniform Traffic Control Devices:

(a) In accordance with ORS 810.200, the 2009 Edition of the Manual on Uniform Traffic Control Devices dated December 2009 (U.S. Department of Transportation, Federal Highway Administration) is hereby adopted by reference as the manual and specifications of uniform standards for traffic control devices for use upon highways within this state.

(b) The Oregon Supplement to the Manual on Uniform Traffic Control Devices dated December 2011 is hereby adopted by reference as a register of deviations to the 2009 Edition of the Manual on Uniform Traffic Control Devices.

(c) The Oregon Temporary Traffic Control Handbook dated December 2011 is hereby adopted by reference as a standard for temporary traffic control for operations of three days or less.

(2) Traffic Control Devices Committee

(a) The Traffic Control Devices Committee is created to serve as an advisory body to the State Traffic Engineer on uniform standards for traffic control devices in this state. The committee shall consist of the following persons:

(A) The State Traffic Engineer of the Department of Transportation;

(B) A State Region Traffic Manager appointed by the Department of Transportation;

(C) The Superintendent of State Police or a representative designated by the superintendent;

(D) Three City Traffic Engineers appointed by the League of Oregon Cities;

(E) Three County Traffic Engineers appointed by the Association of Oregon Counties; and

(F) A Transportation Engineer appointed by the Oregon Sections of the Institute of Transportation Engineers;

(b) Committee members serve a maximum three-year term and may be re-appointed to serve an additional three-year term.

(c) Six Committee members constitute a quorum.

(d) A Chair and Vice-Chair shall be elected by the Committee to serve for the calendar year. The Chair shall prepare the agenda and moderate the meetings. The Vice-Chair shall preside in the absence of the Chair. If both are absent, a temporary Chair shall be chosen by the Committee at the meeting.

(e) The State Traffic Engineer shall serve as Secretary to the Committee assisting the Chair in preparing the agenda, publishing an agenda prior to each meeting, maintaining Committee files, and publishing minutes of meetings.

(f) The Committee shall meet every other month and at such additional times as designated by the Chair or as requested by six or more members of the Committee.

[Publications: Publications referenced are available from the agency.]

Statutory/Other Authority: ORS 184.616, 184.619, 366.205, 810.200 & 810.210
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
HWD 14-2011, f. & cert. ef. 12-22-11
HWD 4-2006, f. & cert. ef. 5-26-06
HWD 10-2005(Temp), f. & cert. ef. 12-14-05 thru 6-11-06
HWD 6-2005, f. & cert. ef. 7-22-05
TO 3-2002, f. & cert. ef. 4-15-02
HWY 10-1990, f. & cert. ef. 6-29-90
HWY 2-1990(Temp), f. & cert. ef. 2-1-90
HWY 7-1988, f. & cert. ef. 12-2-88
Reverted to HWY 1-1987, f. & ef. 1-9-87
HWY 2-1988(Temp), f. & cert. ef. 5-27-88
HWY 1-1987, f. & ef. 1-9-87
2HD 6-1986(Temp), f. & ef. 7-29-86
2HD 1-1986, f. & ef. 2-14-86
2HD 3-1985, f. & ef. 9-13-85
2HD 1-1985, f. & ef. 3-29-85
2HD 9-1984(Temp), f. & ef. 10-4-84
2HD 16-1983, f. & ef. 9-23-83
2HD 9-1983(Temp), f. & ef. 4-20-83
1OTC 23-1980, f. & ef. 11-26-80
1OTC 22-1980, f. & ef. 11-26-80
1OTC 16-1980, f. & ef. 9-18-80
1OTC 25-1979, f. & ef. 10-30-79
1OTC 15-1979(Temp), f. & ef. 7-18-79
1OTC 7-1978, f. & ef. 4-27-78
1OTC 80, f. & ef. 12-27-76
HC 1277, f. & ef. 3-3-72
HC 1270, f. & ef. 1-18-72

734-020-0010
Establishment of Speed Limits on Interstate Highways (Except Variable Speed Zones, see OAR 734-020-0018)

(1) Definitions:

(a) “Commission” means the Oregon Transportation Commission.

(b) “Department” means the Oregon Department of Transportation.

(c) “Trucks” means a motor vehicle with a gross vehicle weight greater than 8,000 pounds that is primarily designed or used for carrying or drawing loads other than passengers.

(d) “Interstate congestion level” means the ratio of average daily traffic volumes to capacity for an interstate highway as reported by the Department's congestion management system.

(e) “Rate” means the number of crashes, injuries, or fatalities per vehicle miles traveled on a lineal section of roadway.

(f) “Speed Zone Review Panel” means the advisory committee created (by OAR 734-020-0015) to hear contested speed zone cases on public roadways in Oregon. Membership consists of representatives from the Oregon State Police, the Oregon Transportation Safety Committee, the League of Oregon Cities, the Association of Oregon Counties and the Department of Transportation.

(2) Process for Establishing a Speed Limit on Sections of Interstate Highway Exceeding One Mile in Length. The following procedures apply when the Department of Transportation proposes to establish a speed limit on any section of interstate highway more than one mile in length under ORS 810.180 (for less than one mile see Section (3) of this rule):

(a) The Department will establish sections of interstate highway for investigation based on the site specific characteristics such as crash history, physical conditions and traffic conditions. Sections will be as long as possible in order to achieve consistency in speed zoning on interstate highways. For each section of interstate highway under consideration the Department will prepare an engineering investigation report that will include all of the following:

(A) The average speed and the speed at or below which 85 percent of the vehicles sampled were traveling.

(B) Crash data to include the total number and rates for all crashes, injuries and fatalities.

(C) Law enforcement review and input including enforcement levels.

(D) The speeds, the crash data, and the law enforcement input required by paragraphs (A) through (C) of this subsection collected separately for trucks and for all other vehicles.

(E) Roadway geometry and physical characteristics, including curvature, interchange spacing, lane widths, and shoulder widths.

(F) Traffic characteristics, including the interstate congestion levels, average daily volumes, and the percentage of trucks.

(G) Emergency medical services availability, including response times.

(H) Trucking restrictions, including weight and height restrictions.

(I) Type and frequency of adverse road conditions, including weather, environment, and visibility.

(b) The Speed Zone Review Panel will determine if an issues report documenting potential impacts, benefits, and issues related to changes in interstate highway speed limits will be required and what items need to be included. The report will be applicable to all sections of interstate highway under consideration. The Speed Zone Review Panel may require the Department to include one or more of the following items, but this does not limit the Department to include only those items the Panel selects within the issues report:

(A) Current available local, national and international research on interstate highway speed limits changes as it relates to:

(i) Changes in fatalities and injuries and their corresponding impacts to emergency medical services and trauma care;

(ii) Environmental pollution and fuel efficiency issues; and

(iii) Economic effects, including changes in travel efficiency and movement of goods.

(B) Speed enforcement practices.

(c) The Department will recommend a speed that is indicated by the engineering investigation report required by subsection (a) and an issues report if required by the Speed Zone Review Panel in subsection (b) of this section to be reasonable and safe under the conditions found to exist for each section of interstate highway being considered.

(d) If the speed recommended in subsection (c) of this section is greater or less than the existing speed, the Department will prepare a draft rule specifying the recommended speed(s) and present it to the Speed Zone Review Panel.

(e) The Speed Zone Review Panel will determine if one or more public meetings in the same region as the section(s) of interstate highway under consideration are required for the purpose of receiving comments from the public. If public meetings are required, the Department will provide notification to the public at least 30 days prior to any such meeting.

(f) The Department will prepare a report of the comments received at the public meeting(s) required by subsection (e) of this section, including both general comments and those for a specific section of interstate highway.

(g) The Speed Zone Review Panel will make a recommendation to the Commission of a reasonable and safe speed for a section of interstate highway under the conditions found to exist and as indicated by the engineering investigation report, the issues report if required, and comments received at the public meetings. A Panel report shall explain the basis of the recommendation.

(h) The Commission will hold a public hearing prior to adopting the final rule. The Commission, after consideration of the recommendation and explanation from the Speed Zone Review Panel, will make the final determination of a reasonable and safe speed for a section of interstate highway under the conditions found to exist and as indicated by the engineering report, the issues report if required, and comments received at the public hearing. The Commission will then adopt a rule establishing the interstate highway speed limit for each section(s) of interstate highway under consideration.

(i) The new speed limit becomes enforceable when signs are posted.

(3) Process for Establishing a Speed Limit for Sections of Interstate Highway One Mile or Less. The following procedures apply when the Department of Transportation proposes to designate a speed limit or extend, shorten or otherwise modify the boundaries on any section of designated speed limits for interstate highways which are currently listed in OAR 734-020-0011, not to exceed one mile:

(a) The Department will establish sections of interstate highway for investigation based on the site-specific characteristics such as crash history, physical conditions and traffic conditions. For each section of interstate highway under consideration the Department will prepare an engineering investigation report that will include all of the following:

(A) The average speed and the speed at or below which 85 percent of the vehicles sampled were traveling;

(B) The crash rate for the specific section of highway being considered;

(C) The average crash rate for similar functional classification highways (if available);

(D) Roadway geometry and physical characteristics, including number of lanes, curvature, interchange spacing, lane widths, shoulder widths, and adjacent land use;

(E) Traffic characteristics, including the interstate congestion levels, average daily volumes, and the percentage of trucks.

(b) The maximum length is one mile when establishing or modifying the boundaries of an existing speed limit on the interstate under section (3) of this rule.

(c) The Department will recommend a speed that is indicated by the engineering investigation report required by subsection (a) of this section to be reasonable and safe under the conditions found to exist for each section of interstate highway being considered to be established, extended, shortened or modified.

(d) If the recommended speed limit boundary in subsection (c) of this section exceeds the maximum length described in subsection (b) of this rule, the Department will follow the applicable portions of Section (2) of this rule to amend OAR 734-020-0011.

(e) For speed limit boundary changes, if the speed recommended in subsection (c) of this section is greater or less than the existing speed limit specified in OAR 734-020-0011, the Department will prepare a draft rule specifying the changes to the boundaries and speed limits depending on the recommendation.

(A) The Speed Zone Review Panel will make a recommendation to the Commission of a reasonable and safe speed for a section of interstate highway under the conditions found to exist and as indicated by the engineering investigation report. A Panel recommendation shall explain the basis of the proposal.

(B) The Commission may hold a public hearing prior to adopting the final rule. The Commission, after consideration of the recommendation and explanation from the Speed Zone Review Panel, will make the final determination of appropriate boundaries for a section of interstate highway under the conditions found to exist and as indicated by the engineering report. The Commission may then adopt an amended rule establishing a speed limit or modifying the existing interstate highway speed limit boundaries for each section(s) of interstate highway under consideration.

(f) The new speed limit becomes enforceable when signs are posted.

(4) Process for review of interstate highway speed limit:

(a) The Department will, for the first four years after the establishment of any speed limit on interstate highways under section (2), conduct an annual review of crash and fatality history. A written record of the annual review will be provided to the Governor's office and maintained by the Department.

(b) At any time that interstate highway crash trends significantly change, the Department will perform an analysis of the crash patterns on affected sections of interstate highway to determine if a review of speed limits is appropriate.

(c) The Department may review an interstate highway speed limit at any time at the discretion of the Commission or the State Traffic-Roadway Engineer.

(d) If appropriate, the Department will follow the process in section (2) or (3) as appropriate to initiate rulemaking to make changes to the interstate speed designations.

Statutory/Other Authority: ORS 184.616, 184.619, 810.180 & Ch. 819 OL 2003
Statutes/Other Implemented: ORS 810.180 & Ch. 819 OL 2003
History:
HWD 3-2015, f. & cert. ef. 5-26-15
HWD 1-2014, f. & cert. ef. 2-21-14
HWD 3-2011, f. & cert. ef. 5-27-11
HWD 4-2004, f. & cert. ef. 5-6-04
HWY 3-1996, f. & cert. ef. 8-15-96
HWY 7-1990, f. & cert. ef. 4-18-90
HWY 3-1989, f. & cert. ef. 5-23-89
HWY 5-1987, f. & ef. 12-8-87
1OTC 28, f. 6-5-74, ef. 6-25-74
1OTC 24(Temp), f. & ef. 3-1-74
1OTC 20, f. 1-28-74, ef. 2-11-74
1OTC 7(Temp), f. & ef. 11-15-73

734-020-0011
Locations of Interstate Speed Limits Other Than Set in Statute

(1) All locations of mainline interstate highways not specifically listed in section (2) of this rule have maximum speed limits listed in ORS 811.111.

(2) Under the provisions of ORS 810.180(3), the speed limits on the following sections of interstate highways are established as follows:

(a) Pacific Highway (I-5):

(A) Mile Post 0.00-10.08 – 55 MPH (All VEHICLES);

(B) Mile Post 10.08-27.00 – 60 MPH (Vehicles as described in 811.111(1)(b));

(C) Mile Post 27.00-30.85 – 55 MPH (ALL VEHICLES);

(D) Mile Post 30.85-73.18 (Southbound) – 60 MPH (Vehicles as described in 811.111(1)(b));

(E) Mile Post 73.18-73.95 (Southbound) – 55 MPH (ALL VEHICLES);

(F) Mile Post 73.95-107.86 (Southbound) – 60 MPH (Vehicles as described in 811.111(1)(b));

(G) Mile Post 30.85-107.83 (Northbound) – 60 MPH (Vehicles as described in 811.111(1)(b));

(H) Mile Post 107.83-108.85 (Northbound) – 50 MPH (ALL VEHICLES);

(I) Mile Post 108.85-123.43 (Northbound) – 60 MPH (Vehicles as described in 811.111(1)(b));

(J) Mile Post 123.43-127.48 (Northbound) – 60 MPH (All Vehicles except as described in 811.111(1)(b));

(K) Mile Post 127.48-190.41 (Northbound) – 60 MPH (Vehicles as described in 811.111(1)(b));

(L) Mile Post 107.86-108.67 (Southbound) – 50 MPH (ALL VEHICLES);

(M) Mile Post 108.67-123.32 (Southbound) – 60 MPH (Vehicles as described in 811.111(1)(b));

(N) Mile Post 123.32-126.96 (Southbound) – 60 MPH (All Vehicles except as described in 811.111(1)(b));

(O) Mile Post 126.96-190.41 (Southbound) – 60 MPH (Vehicles as described in 811.111(1)(b));

(P) Mile Post 190.41-196.00 – 60 MPH (All Vehicles except as described in 811.111(1)(b));

(Q) Mile Post 196.00-251.00 – 60 MPH (Vehicles as described in 811.111(1)(b))

(R) Mile Post 251.00-260.85 (Northbound) – 60 MPH (All Vehicles except as described in 811.111(1)(b));

(S) Mile Post 260.85-288.60 (Northbound) – 60 MPH (Vehicles as described in 811.111(1)(b));

(T) Mile Post 251.00-259.86 (Southbound) – 60 MPH (All Vehicles except as described in 811.111(1)(b));

(U) Mile Post 259.86-288.60 (Southbound) – 60 MPH (Vehicles as described in 811.111(1)(b))

(V) Mile Post 288.60-296.34 – 55 MPH (ALL VEHICLES);

(W) Mile Post 296.34-298.02 – 50 MPH (ALL VEHICLES);

(X) Mile Post 298.02-299.53 – 55 MPH (ALL VEHICLES);

(Y) Mile Post 299.53-303.49 – 50 MPH (ALL VEHICLES);

(Z) Mile Post 303.49-307.30 – 55 MPH (ALL VEHICLES);

(AA) Mile Post 307.30-308.38 – 50 MPH (ALL VEHICLES).

(b) Columbia River Highway (I-84):

(A) Mile Post 0.00-0.84 – 50 MPH (ALL VEHICLES);

(B) Mile Post 0.84-9.94 – 55 MPH (ALL VEHICLES);

(C) Mile Post 9.94-18.25 – 60 MPH (All Vehicles except as described in 811.111(1)(b));

(D) Mile Post 18.25-87.85 – 60 MPH (Vehicles as described in 811.111(1)(b)).

(c) Eugene-Springfield Highway (I-105):

(A) Mile Post 0.00-0.54 – 45 MPH (ALL VEHICLES);

(B) Mile Post 0.54-3.49 – 55 MPH (ALL VEHICLES).

(d) East Portland Freeway (I-205):

(A) Mile Post 0.00-6.00 – 60 MPH (Vehicles as described in 811.111(1)(b));

(B) Mile Post 6.00-26.60 – 55 MPH (ALL VEHICLES).

(e) Stadium Freeway (I-405): Mile Post 0.00-4.21 – 50 MPH (ALL VEHICLES).

Statutory/Other Authority: ORS 184.616, 184.619, 810.180 & 811.111
Statutes/Other Implemented: ORS 810.180 & 811.111
History:
HWD 8-2017, amend filed 12/19/2017, effective 12/19/2017
HWD 2-2017, amend filed 09/26/2017, effective 09/26/2017
HWD 3-2015, f. & cert. ef. 5-26-15
HWD 6-2004, f. & cert. ef. 10-6-04

734-020-0013
Establishment of Speed Zones on Local Agency Public Paved Roads

(1) Purpose. This rule is adopted to describe the process and requirements for delegating the authority to establish speed zones on public paved roads by city and county road authorities when appropriate. The delegation and establishment of speed zones on roads under the authority of city and county governing agencies follow the methods described in OAR 734-020-0015 and any of the additional conditions specified in this rule.

(2) Delegation of Authority.

(a) Upon the request of a road authority, the Department may delegate its authority under ORS 810.180 for public paved roads under the jurisdiction of the road authority, if the road authority agrees to exercise the authority delegated according to this rule. A delegation covers all roadways under the road authority’s jurisdiction. To request a delegation, the road authority must submit a written application, which must:

(A) Be made to the State Traffic-Roadway Engineer requesting delegated authority to determine and establish speed zones for roads under the road authority’s jurisdiction; and

(B) Specify that the road authority must perform or cause to be performed an engineering study to determine the appropriate designated speed as outlined in OAR 734-020-0015 for each speed zone.

(b) The road authority must agree to the Department’s delegation process as follows.

(A) The road authority must participate in training provided by the Department on the criteria and speed zoning practices.

(B) The road authority must designate one qualified registered Professional Engineer to be responsible for decision making and assuring all methods and procedures in this rule are followed.

(C) The road authority must prepare and submit to the Department a quality control plan for assuring compliance with program rules and procedures.

(c) Compliance and Oversight

(A) The road authority must submit at least one engineering study and written order to ODOT, to demonstrate the road authority’s understanding of the process prior to delegation.

(B) Upon delegation, the Department will conduct an initial review of delegated speed zoning by the road authority. The initial review will be of the first ten speed zones established under this delegation to determine if the road authority satisfactorily performed speed zoning in conformance with this rule. Based on the results of the Department’s initial review of the engineering study and order, the Department will provide an analysis noting any concerns or suggestions and may do one or more of the following:

(i) Make a recommendation to do further reviews to follow-up on concerns;

(ii) Terminate the delegation of authority, if the road authority is unable to satisfactorily perform the speed zoning in compliance with these rules, OAR 734-020-0013 to 734-020-015; or

(iii) Continue delegation of authority, if the Department finds that the road authority substantially performs speed zoning in compliance with these rules, OAR 734-020-0013 to 734-020-015.

(C) The Department may perform a periodic review of the speed zoning by the road authority every five years following delegation to the road authority.

(i) During the periodic review the Department may select a sample of up to ten speed zones and prepare an assessment of the selected reports, noting any concerns or suggestions.

(ii) If the periodic review finds areas of concerns, the Department may choose to analyze additional speed zones established by the road authority.

(iii) The Department may recommend a more frequent review cycle based on concerns documented in the review.

(iv) If the Department determines that the road authority substantially performs speed zoning in compliance with these rules, OAR 734-020-0013 to 734-020-0015, the Department may monitor the speed zoning again in five years.

(D) In addition to a periodic review performed under section (2)(c)(C) of this rule, the Department may at any time undertake a periodic review of speed zoning by a road authority if the Department has reason to believe the road authority is not in compliance with these rules, OAR 734-020-0013 to 734-020-015. A periodic review performed under this section (2)(c)(D) is performed in the same manner as outlined in section (2)(c)(C) of this rule.

(E) As a result of a periodic review, if the Department determines that the road authority continues to fail to substantially comply with these rules, OAR 734-020-0013 to 734-020-0015, as documented by the reviews, the Department may do one or more of the following:

(i) Withdraw the delegation of authority;

(ii) Require the road authority to post the section of roadway at the speed that was posted preceding the engineering study; or

(iii) Cause a study to be performed to properly designate the speed.

(F) The Department, at its discretion, may take the results of any initial or periodic review to the Speed Zone Review panel for recommendations on actions.

(3) Speed Zone Procedures.

(a) The road authority may establish a different speed on a specific section of highway if the engineering study finds that the existing designated or statutory speed is greater or less than reasonable or safe under the conditions found in the specific section unless any part of subsections (b) or (c) of this section (3) apply.

(b) If the recommended speed exceeds the authority of the road authority to set speeds pursuant to OAR 734-020-0015, the road authority must notify the Department and the matter will be presented to the Speed Zone Review Panel.

(c) If there is an interested jurisdiction on the section of road, the following procedures must be followed:

(A) If the recommended speed is within the criteria allowed pursuant to OAR 734-020-0015 and road authority and interested jurisdiction agree to the recommended speed, then the road authority may issue a written order to establish the speed zone; or

(B) If the road authority and interested jurisdiction disagree on the recommended speed, the road authority must notify the Department and the matter will be presented to the Speed Zone Review Panel.

(d) Following a determination by the Speed Zone Review Panel, the road authority shall issue a speed zone order to establish the designated speed for the segment as determined by the Speed Zone Review Panel.

(e) The road authority and interested jurisdiction, if any, should refer to the Department for further guidance on acceptable methodologies for an engineering study of speed zones.

(f) The road authority is responsible for issuing speed zone orders to implement any new speed zone unless the Department agrees to issue the order.

(g) The road authority may ask the Department to issue the speed zone order if the speed zone order crosses multiple road authority boundaries.

(h) The road authority and the Department (or another agency with delegated authority) may jointly issue a speed zone order that crosses multiple road authority boundaries.

(i) When multiple road authorities are listed on a previous speed zone order and the road authority does not have delegated authority for issuing speed zone orders for the entire previous order, the road authority may not issue a new speed zone order until the Department and road authority agree to issue a new speed zone order or orders.

(j) A road authority may not issue a speed zone order where multiple road authorities are listed in the previous order until the Department has had an opportunity to determine the appropriate lengths and segment descriptions of the speed zones and issue a new order.

(k) The road authority must provide written notice to the Department, including a copy of the speed zone order and engineering study 30 days prior to installing any new speed zone signing.

(L) The road authority must retain the original speed zone order until rescinded and original engineering study issued by the road authority until a new investigation for the segment has been performed.

(m) The road authority is responsible for installing speed zone signing.

(4) Rescission of previous Speed Zone Orders.

(a) A designated speed established in a speed zone order created under ORS 810.180 supersedes the previous speed zone order. If a previous speed zone order exists for a segment of roadway a road authority must determine if the Department established the previous order or if it was established by an order the road authority previously issued.

(A) If the Department previously issued the order the road authority must submit a request to the Department to rescind the previous speed zone order prior to the road authority establishing a new speed zone order for the same segment of roadway.

(B) If the order was previously issued by the road authority, the road authority must rescind the previous order prior to establishing a new order.

(b) A designated speed established in a speed zone order created under ORS 810.180 supersedes any statutory speed that would otherwise apply, until or unless the speed zone order is rescinded.

(A) A road authority may rescind an established speed zone order if the road authority has determined that the statutory speed is more appropriate for the roadway and the roadway meets the statutory definition of the proposed statutory speed.

(B) When a speed zone order has been formally rescinded, the road authority may post the statutory speed.

(c) A road authority that rescinds any previous speed zone order must provide the Department with written notice 30 days prior to installing any new speed zone signing.

Statutory/Other Authority: ORS 184.619, 810.010 & 810.180
Statutes/Other Implemented: ORS 810.180
History:
HWD 1-2022, adopt filed 03/10/2022, effective 03/10/2022

734-020-0014
Speed Zone Definitions

The following definitions apply to OAR 734-020-0013 through 734-020-0018.

(1) “Average crash rate” means the average of the crash rates for a group of similar highway segments within the same functional class and the same geographical area (either countywide or statewide).

(2) “Average daily traffic” means the total number of vehicles to operate over a designated segment of highway during a given time period greater than one day and less than one year, divided by the number of whole days in that time period.

(3) “Business district” has the meaning defined in ORS 801.170.

(4) “City limits” means the limits of an incorporated city.

(5) “Computed eighty-fifth percentile speed” means the eighty-fifth percentile speed minus the difference between the crash rate and the average crash rate (if the crash rate is above the average crash rate for the same functional classification highways within the road authority’s jurisdiction), with maximum possible deduction of 5mph. If there is no average crash rate available for the highway, then the computed eighty-fifth percentile speed is the eighty-fifth percentile speed.

(6) “Context” means the roadway characteristics and land uses accessible by parking or driveway along the highway segment, determined based on the existing land use types, building density, set back of buildings and numbers and types of users of the transportation system accessible along the roadway segment. In descending order of density, the four urban contexts are:

(a) “Urban Core,” which generally includes downtown areas with the highest development densities and building heights in the urban area, minimal setbacks (building in back of sidewalk), parking on the street within a well-connected roadway system and typically smaller consistent block sizes.

(b) “Urban Mix,” which generally includes mixed -use (commercial, retail, restaurant, office and residential) high density areas on small lots with buildings typically adjacent to the sidewalk and parking on the streets, where buildings are typically not as tall as urban core and may have parking in front or behind the buildings within a well-connected roadway system and typically small to medium block sizes.

(c) “Suburban Commercial or Residential,” which generally includes areas of land uses that have residential, offices, restaurants or retail spaces with setbacks from the roadway usually meant to be more accessible by car and may include large parking lots, or which may be characterized by big box stores, commercial strip centers, auto dealers, office parks or gas stations, or which may be large residential neighborhoods along the corridor or that have their access from widely spaced roadway connections with few driveways to the roadway

(d) “Suburban Fringe,” which generally includes transition areas between urban and rural areas where there may be few homes and structures, sparsely developed land, lower density of businesses and fewer driveways, intermittent commercial or industrial uses and typically have fewer street connections and larger lot sizes.

(7) “Crash rate” means the number of crashes per million vehicle-miles (MVM) traveled on a segment of road.

(8) “Department” means the Oregon Department of Transportation.

(9) “Designated speed” means the speed that is designated under ORS 810.180 as the maximum permissible speed for a highway. The designated speed is established through a speed zone order or rule. Designated speeds shall be in multiples of 5 mph. The designated speed supersedes the statutory speed that would be in effect if no designated speed was established except for school speed zones.

(10) “Eighty-fifth percentile speed” means the speed at or below which 85 percent of the motorists drive on a segment of road for which speeds were measured.

(11) “Engineering study” means a written engineering and traffic investigation with an analysis and evaluation of pertinent information, for the purpose of deciding upon a designated speed that is reasonable and safe under the conditions found to exist. An engineering study shall be performed by an engineer, or by an individual working under the supervision of an engineer, through the application of procedures and criteria established by the applicable OAR 734-020-0013 through 734-020-0018.

(12) “Fiftieth percentile speed” means the speed at or below which 50 percent of the motorists drive on a segment of road for which speeds were measured.

(13)“Free flowing” means the circumstances under which drivers tend to drive at their chosen speed unrestricted by conditions such as congestion, inclement weather, road work, law enforcement activity or traffic control such as traffic signals, stop or yield signs or by road geometry such as infrequent curves or hills.

(14) “Functional class” means a type or class of highway as defined by the Federal Highway Administration (FHWA) in 23 CFR 470.105 and the FHWA Functional Classification Guidelines. The Functional Class of all highways in Oregon are shown on maps maintained by the Department. The five types of functional class used in these rules are:

(a) “Arterial” which includes “Other Principal Arterials” and “Minor Arterials”

(b) “Collector” which includes “Major Collectors” and “Minor Collector”

(c) “Interstate”

(d) “Local”

(e) “Other Freeways and Expressways”

(15) “Highway” means every public way, road, street, thoroughfare and place as described in ORS 801.305.

(16) “Interested jurisdiction” means any governing agencies, other than the Road Authority, which may have interest in the speed on a highway by virtue of being within the city limits, or having responsibility for maintaining the highway.

(17) “Low volume road” means any road, street or thoroughfare which has an average daily traffic of less than 400 vehicles, and is open to travel by the public. State highways are not considered low volume roads, regardless of average daily traffic.

(18) “Minor adjustment study” means the engineering study of pertinent elements, as determined by the engineer, to assess the proper location and engineering application of a 500 foot speed zone extension or reduction or to add a transition speed zone to an adjacent designated or statutory speed zone.

(19) “Mph” means miles per hour.

(20) “Order” means the official document prepared and issued by the Department or the Road Authority as per ORS 810.180 that delineates the highway segment(s) and designates the speed in a speed zone or speed zones established. This is commonly known as a speed zone order.

(21) “Pace limits” means the ten mph range containing the largest number of sample vehicles observed in a spot speed check.

(22) “Paved road” means a regularly maintained solidified hard surfaced road typically solid bituminous (asphalt concrete), oil mat or Portland cement concrete.

(23) “Recommended speed” is the speed (in a multiple of 5 miles per hour) that has been determined from an engineering study.

(24) “Rescission” means a cancellation or repeal of a previously valid order.

(25) “Residence district” has the meaning defined in ORS 801.430.

(26) “Road authority” means the governing agency which has the jurisdiction to place, maintain and operate traffic control devices as defined in ORS 810.010.

(27) “Roadway character” means the characteristics of the roadway such as road and shoulder width, number of lanes, alignment, parking, curbs and sidewalks, and other physical characteristics of the roadway.

(28) “Rural community” means an area outside city limits with a concentration of land uses such as residential, businesses, industrial or other public uses. The segment is:

(a) Contiguous to a business district or residence district; or

(b) An unincorporated community that includes a permanent residential dwelling but also has at least two other land uses in separate buildings that provide commercial, industrial or public services for the community, surrounding area or persons traveling through the area.

(29) “School zone exception” means a specific segment of highway where a statutory school speed limit (20 mph) is posted as specified in ORS 811.111.

(30) “Speed zone” means a specific segment of highway where a designated speed is posted under ORS 810.180.

(31) “Speed Zone Review Panel” means the hearings panel created in OAR 734-020-0015.

(32) “State Traffic-Roadway Engineer” means the position so designated by the Chief Engineer.

(33) “Statutory speed” means the speed that is established in statute, under ORS 811.111 or 811.105.

(34) “Transition speed zone” means a speed zone(s) established to make the change in legal speeds less abrupt for drivers. As an example, instead of going directly from a 55 mph segment to a 25 mph segment, it may be desirable to establish one or more transition speed zones in between, such as 45 mph and 35 mph.

(35) “Unpaved road” means a road which has a surface that does not meet the definition of a paved road. The road surface may be dirt, rock, gravel, or other non-solidified material and may have a dust palliative applied.

Statutory/Other Authority: ORS 184.619, 810.010 & 810.180
Statutes/Other Implemented: ORS 810.180
History:
HWD 1-2022, amend filed 03/10/2022, effective 03/10/2022
HWD 3-2020, amend filed 04/03/2020, effective 05/01/2020
HWD 2-2017, amend filed 09/26/2017, effective 09/26/2017
HWD 3-2011, f. & cert. ef. 5-27-11
HWD 3-2007, f. & cert. ef. 6-25-07

734-020-0015
Establishment of Speed Zones on Public Roads Except Public Paved Low Volume or Public Unpaved Roads

(1) Purpose and Intent:

(a) This rule establishes the processes for designating speed zones on public roads under ORS 810.180. This rule applies to all public roads except interstate highways under OAR 734-020-0010 or roads on which the Department has delegated its authority to establish designated speeds on certain roads under ORS 810.180. The delegation of authority for low volume roads and unpaved roads is covered in OAR 734-020-0016 and OAR 734-020-0017. The delegation of authority for roads under the jurisdiction of cities and counties is covered in OAR 734-020-0013.

(b) The investigation methodologies described in this rule are intended to result in engineering studies which apply objective standards to balance the safety objectives of road authorities and operational needs of public roads based on functional classes and contexts in a manner consistent with the standards for traffic control devices adopted in OAR 734-020-0005.

(2) Standard Method / Urban Speed Zones: This method is used to establish speed zones for highways within city limits. Speed zone studies for highways between city limits and the urban growth boundary may be conducted as described for Standard Method / Urban Speed Zones if the highway segment has the same context and roadway character as the adjacent segment within the city limits. Speed zone studies for highways designated in the functional class of “Other Freeways and Expressways” must be conducted as described for Standard Method / Rural Speed Zones, regardless of whether the highway is within city limits.

(a) An engineering study must be in writing and must include the following components or information regarding the segment of highway being considered:

(A) Analysis of the speed characteristics of free flowing traffic (eighty-fifth percentile speed, fiftieth percentile speed, pace limits, percent of traffic operating within the pace limits, and the maximum speed observed during sampling);

(B) The crash rate;

(C) The average crash rate (if available);

(D) Crash history over the preceding three years, including noting any fatal or serious injury crash;

(E) Average daily traffic;

(F) Context, accompanied by a description of the type and density of development along the highway segment and noting if the context is inconsistent, otherwise difficult to determine or development along the segment is very sparse;

(G) Functional class;

(H) Description of pedestrian and bicycle activity including, but not limited to, those on skates, scooters and personal assistive devices;

(I) The presence, type and kind of pedestrian and bicycle facilities;

(J) Recommended speed, which must be a multiple of 5 mph; and

(K) Transit routes or facilities;

(L) Other information which, in the professional judgment of the engineer preparing the study, are relevant to the designation of the speed zone. Such information may include, but is not limited to:

(i) Number and location of accesses, driveways and intersections, and a statement of whether the highway has widely spaced public road intersections and with few private driveways leading to businesses or residences;

(ii) Input from the enforcement agency responsible for the segment;

(iii) Geometric features;

(iv) Public testimony;

(v) Length and consistency of segment(s); and

(vi) Demographics of users (seniors, children, tourists, commuters, etc.).

(b) The engineering study must recommend a speed for the highway which falls within the range of recommended speeds, listed below by context / functional class:

(A) Urban Core /Arterial 20 mph - 25 mph

(B) Urban Core / Collector 20 mph – 25 mph

(C) Urban Core / Local 20 mph – 25 mph

(D) Urban Mix / Arterial 25 mph – 30 mph

(E) Urban Mix / Collector 25 mph – 30 mph

(F) Urban Mix / Local 20 mph – 25 mph

(G) Suburban Commercial or Residential / Arterial 30 mph – 35 mph

(H) Suburban Commercial or Residential / Collector 25 mph – 35 mph

(I) Suburban Commercial or Residential / Local 25 mph – 35 mph

(J) Suburban Fringe / Arterial 35 mph – 45 mph

(K) Suburban Fringe / Collector 30 mph – 40 mph

(L) Suburban Fringe / Local 25 mph – 35 mph

(c) Notwithstanding subsection (b), the recommended speed may fall outside the range of recommended speeds under the following circumstances.

(A) The recommended speed may be between 5 mph below the fiftieth percentile speed (or 20 mph, whichever is higher) and 10 mph above the fiftieth percentile speed if:

(i) The context of the highway is inconsistent, otherwise difficult to determine or very sparse development;

(ii) The fiftieth percentile speed is 5 mph or more greater than the range maximum listed in (b); or

(iii) The highway has widely spaced public road intersections and with few private driveways leading to businesses or residences.

(B) The recommended speed may be between 10 mph below the fiftieth percentile speed (or 20 mph, whichever is higher) and 10 mph above the fiftieth percentile speed if:

(i) The crash rate for the segment exceeds 150% of the average crash rate for the same functional class of highway within the jurisdiction of the road authority;

(ii) There has been more than one fatal or serious injury speed-related crash in the past three years; or

(iii) The segment is contiguous to a residence district.

(d) Notwithstanding subsections (b) and (c), if the fiftieth percentile speed is 35 mph or higher, the recommended speed must fall between 5 mph below the fiftieth percentile speed and 10 mph above the fiftieth percentile speed, unless any of the conditions in subsection (c)(B) are present, in which case the recommended speed must fall between 10 mph below the fiftieth percentile speed and 10 mph above the fiftieth percentile speed.

(3) Standard Method / Rural Speed Zones. This method is used to establish speed zones for highways outside of city limits and for highways designated as functional class “Other Freeway and Expressway,” regardless of location. The Standard Method / Urban Speed Zones method may be used to conduct a speed zone study between city limits and the urban growth boundary, as described in section (2) of this rule, if the highway segment has the same roadway character as the adjacent segment within the city limits.

(a) An engineering study must be in writing and must include the following components or information regarding the segment of highway being considered:

(A) Analysis of the speed characteristics of free flowing traffic (eighty-fifth percentile speed, fiftieth percentile speed, pace limits, percent of traffic operating within the pace limits, and the maximum speed observed during sampling);

(B) Crash history over the preceding three years, including noting any fatal or serious injury crash

(C) The crash rate;

(D) The average crash rate (if available);

(E) Computed eighty-fifth percentile speed;

(F) The difference between the crash rate for the specific segment being considered and the average crash rate for similar functional class highways;

(G) Average daily traffic;

(H) A description of the type and density of adjacent land use;

(I) Functional class;

(J) Recommended speed, which must be a multiple of 5 mph;

(K) Description of pedestrian and bicycle activity including, but not limited to, those on skates, scooters and personal assistive devices; and

(L) Other information which, in the professional judgment of the engineer preparing the study, are relevant to the designation of the speed zone. Such information may include, but is not limited to:

(i) Number and location of accesses, driveways and intersections, and a statement of whether the highway has widely spaced public road intersections and with few private driveways leading to businesses or residences;

(ii) Input from the enforcement agency responsible for the segment;

(iii) Geometric features; and

(iv) Public testimony.

(b) The engineering study must recommend a speed for the highway which falls within the range of recommended speeds described below:

(A) For State Highways the recommended speed range is: five mph below the computed eighty-fifth percentile speed to five mph above the computed eighty-fifth percentile speed.

(B) For Non-State Highways in the functional classes “Arterial” or “Other Freeway and Expressway” the recommended speed range is: five mph below the computed eighty-fifth percentile speed to five mph above the computed eighty-fifth percentile speed.

(C) For Non-State Highways in the functional classes “Collector” or “Local” the recommended speed range is: five mph below the fiftieth percentile speed to five mph above the computed eighty-fifth percentile speed.

(c) Notwithstanding subsection (b), the recommended speed may fall outside the range of recommended speeds under either of the following circumstances:

(A) For any highway in a rural community, the recommended speed may be 10 mph above or below the fiftieth percentile speed for the highway; or

(B) The recommended speed may be up to 10 mph below the computed eighty-fifth percentile speed if:

(i) The crash rate for the specific segment exceeds 150% of the average crash rate;

(ii) There have been more than one fatal or serious injury speed-related crash in the last three years; or

(iii) There is limited stopping sight distance which has contributed to crashes.

(4) Alternative Investigation Method

(a) The alternative investigation method may be used instead of the standard method to conduct an engineering study to recommend a speed zone on certain highways. The alternative investigation method may not be used for engineering studies on state highways or any highway in the functional classes of “Arterial,” “Interstate” or “Other Freeways and Expressways”.

(b) An engineering study must be in writing and must include the following components or information regarding the segment of highway being considered:

(A) Analysis of the speed characteristics of free flowing traffic (eighty-fifth percentile speed, fiftieth percentile speed, pace limits, percent of traffic operating within the pace limits, and the maximum speed observed during sampling);

(B) The crash rate;

(C) The average crash rate (if available);

(D) Crash history over the preceding three years, including noting any fatal or serious injury crash;

(E) Average daily traffic;

(F) Context accompanied by a description of the type and density of adjacent land use, and a statement of whether the highway has widely spaced public road intersections and with few private driveways leading to businesses or residences;

(G) Functional class;

(H) Recommended speed, which must be a multiple of 5 mph.

(I) Description of pedestrian and bicycle activity including, but not limited to, those on skates, scooters and personal assistive devices; and

(J) Any other information which, in the professional judgment of the engineer preparing the study, are relevant to the designation of the speed zone.

(c) The engineering study must recommend a speed for the highway which falls within the applicable range of recommended speeds established under subsection (2) or (3) of this rule.

(d) A road authority using the alternative investigation method must obtain the concurrence with its use of that method and its resulting speed zone recommendation from any interested jurisdiction.

(5) Speed Zone Investigation Procedures:

(a) The following procedures apply when the Department exercises its authority to establish designated speeds on state highways within city limits, or on city streets, county roads and any other rural roads under ORS 810.180 unless otherwise provided under ORS 810.180:

(A) The road authority and interested jurisdiction, if any, may submit a request to the State Traffic-Roadway Engineer in order for the Department to perform an engineering study with respect to establishing a designated speed on a highway under ORS 810.180. The request must state the recommended designated speed for the highway or segment of highway by the road authority and interested jurisdiction, if any;

(B) The Department shall determine the recommended speed by performing or causing to be performed an engineering study;

(C) The Department, when requested by the road authority and interested jurisdiction, if any, may allow the requestors to perform or cause to be performed an engineering study of the highway segment under its own jurisdiction and remit a copy of the investigation to the Department for review. The report shall be in a form acceptable to the Department.

(D) For road authorities authorized to perform the alternative investigation method, they shall submit the report containing the recommended speed to the Department for review and approval. The road authority shall refer to the Department for accepted report format.

(E) The Department shall allow the road authority and interested jurisdiction, if any, that is requesting an investigation under this section to participate with the Department in the investigation;

(F) The Department may recommend a change in the existing designated or statutory speed for a specific segment of highway if the investigation establishes to the satisfaction of the Department that the existing speed is greater or less than reasonable or safe under the conditions found in the specific segment in question;

(G) The Department shall give written notice to the road authority and interested jurisdiction, if any, of the Department’s determination concerning a recommended speed;

(H) The Department shall issue a speed zone order if the recommended speed is mutually agreeable to the road authority and interested jurisdiction, if any;

(I) If mutual agreement cannot be reached, the road authority may take the matter to the Speed Zone Review Panel;

(J) A speed zone order must be issued to establish a designated speed;

(K) A copy of the speed zone order must be provided to the road authority and interested jurisdiction, if any, as appropriate, and the original retained in the Department of Transportation’s records for each speed zone established;

(L) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed; and

(M) The Department may determine, at its discretion, whether a highway adjacent to a city limit boundary (i.e., the city limit boundary runs mostly along the right of way of the segment of highway) can be considered as being within the city limits for purposes of designating speeds.

(b) The following procedures apply when the Department exercises its authority to establish designated speeds on state highways outside of city limits under ORS 810.180 unless otherwise provided under ORS 810.180:

(A) A Government agency or citizen may submit a request for the Department to perform an engineering study with respect to speed on a state highway outside of city limits under ORS 810.180. The request must be made to the State Traffic-Roadway Engineer or Region Traffic Manager. The request must state the reason for the requested change in speed zoning;

(B) The Department may perform or cause to be performed an engineering study, prepared in a form acceptable to the Department;

(C) The Department may change the existing designated or statutory speed for a specific segment of highway if the engineering study establishes to the satisfaction of the Department that the existing speed is greater or less than reasonable or safe under the conditions found in the specific segment in question;

(D) The Department shall notify the original requestor of the Department's determination concerning a designated speed;

(E) The requestor may file written objections with the Department to any speed established by the Department;

(F) If the recommended speed exceeds the guidelines established under subsection (2) or (3) of this rule, the Department may refer the matter to the Speed Zone Review Panel;

(G) Following a determination by the Speed Zone Review Panel, the Department shall issue a speed zone order to establish the designated speed for the segment as the speed determined by the Speed Zone Review Panel;

(H) The Department shall retain the original order in its records for each speed zone established; and

(I) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed.

(6) Speed Zone Review Panel:

(a) The Speed Zone Review Panel is created to conduct hearings for contested speed zones and determine the speed to be designated. The Panel also serves as an advisory body to the Department on speed zoning issues and practices. The panel must consist of the five following persons:

(A) The Chair of the Governor’s Transportation Safety Committee or a representative designated by the Chair;

(B) The Superintendent of State Police or a representative designated by the superintendent;

(C) The Chief Engineer of the Department of Transportation or a representative designated by the Engineer; and

(D) Two additional members, one representative of the interests of cities and one representative of the interests of counties. The League of Oregon Cities and the Association of Oregon Counties must each appoint a member representing the interest of cities and counties respectively. City and county representatives may serve a maximum three-year term. City and county representatives may be re-appointed to serve an additional three-year term.

(b) Three Speed Zone Review Panel members attending a hearing constitute a quorum.

(c) The State Traffic-Roadway Engineer will designate the Chairperson.

(d) The Department is responsible to pay from the State Highway Fund the per diem travel and other expenses of the members of the Speed Zone Review Panel for the purpose of conducting hearings on speed zone appeals.

(e) The Speed Zone Review Panel must conduct a hearing when the State Traffic-Roadway Engineer determines the Department has received a sufficient number of appeals to convene the panel:

(A) The State Traffic-Roadway Engineer must arrange the hearing date and present the speed zone appeals;

(B) The Department must notify the road authority, interested jurisdiction, if any, and any citizen having expressed an interest to the Department regarding the contested speed zone of the hearing at least 30 days prior to the hearing. The 30-day hearing notification may be waived if it is mutually agreeable among the Department, road authority and any interested jurisdiction;

(C) The opportunity to present testimony in person or in writing must be included in the notice of hearing date;

(D) Written testimony received by the State Traffic-Roadway Engineer at least three days prior to the hearing must be considered in the speed zone appeal review;

(E) The criteria and procedures established under ORS 810.180, OAR 734-020-0013, OAR 734-020-0015, OAR 734-020-0016 and OAR 734-020-0017 for determining speed zoning will be considered in deciding the appeals;

(F) The decision of the panel is final and any speed zone order must be issued accordingly; and

(G) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of highway where the designated speed is imposed.

(7) Rescission.

(a) A designated speed established in a speed zone order created under ORS 810.180 supersedes the statutory speed except for school speed zones that would otherwise apply, until or unless the speed zone order is rescinded.

(b) A road authority may request that the Department rescind an established speed zone order if the road authority has determined that the statutory speed is more appropriate for the highway and the highway meets the statutory definition of the proposed statutory speed.

(c) When a speed zone order has been formally rescinded, the road authority may post the statutory speed.

(d) A designated speed established in a speed zone order created under ORS 810.180 supersedes and rescinds any former designated speed established n a previous speed zone order, except for temporary and emergency speed zone orders issued under ORS 810.180(8) or (9).

(8) Transition Speed Zones; Speed Zone Length; Preliminary Investigations

(a) If the Road Authority determines that a transition speed zone is needed, it shall consider the feasibility of accomplishing the transition to the lower speed in one segment. Notwithstanding any rule regarding recommended speeds, the Road Authority may determine the recommended speed for transition speed zones at its discretion.

(b) A transition speed zone may be a minimum of one thousand feet in length and up to one-quarter mile in length with a minor adjustment study. A transition speed zone may be longer than one-quarter mile in length in unusual circumstances such as between two speed zones where the intervening segment is less than one-half mile. Any transition zone longer than one-quarter mile must be approved by the State Traffic-Roadway Engineer.

(c) The segment length for a single speed zone must be at least one-quarter of a mile in length. The segment length may be less than one-quarter mile in unusual circumstances, such as when the segment begins and ends at intersecting streets or is a dead end.

(d) A designated speed zone may be extended or shortened up to 500 feet no more than once by performing a minor adjustment study within that segment.

(e) The Department or road authority may conduct a preliminary investigation, consisting of at least a crash data review, a speed sample and a site visit, in order to determine the practicability of investigating the request further. If the Department or Road Authority determines the request is not practical to move forward it may prepare a final response to deny the request based entirely on its preliminary investigation.

Statutory/Other Authority: ORS 184.619, 810.010 & 810.180
Statutes/Other Implemented: ORS 810.180
History:
HWD 1-2022, amend filed 03/10/2022, effective 03/10/2022
HWD 3-2020, amend filed 04/03/2020, effective 05/01/2020
HWD 2-2017, amend filed 09/26/2017, effective 09/26/2017
HWD 3-2011, f. & cert. ef. 5-27-11
HWD 3-2007, f. & cert. ef. 6-25-07
HWY 4-1994, f. 9-19-94, cert. ef. 1-1-95
HC 1277, f. 3-3-72

734-020-0016
Establishment of Speed Zones on Public Paved Low Volume Roads

(1) Purpose. This rule is adopted for the purpose of establishing speed zones on public paved low volume roads by the Department and other road authorities and interested jurisdictions when appropriate. Establishment of a speed zone on a public paved low volume road must follow the method described in OAR 734-020-0015(2) or (3), as applicable.  With the permission of the State Traffic-Roadway Engineer, the alternative investigation method may be followed as described in OAR 734-020-0015(4).

(2) Delegation of Authority.

(a) Upon the request of a road authority, the Department may delegate its authority under ORS 810.180 for public paved low volume roads if the road authority agrees to exercise the authority according to this rule. The written application must:

(A) Be made to the State Traffic Engineer requesting delegated authority to determine and establish speed zones for public paved low volume roads under their jurisdiction;

(B) Include a specific roadway or all roadways under their jurisdiction for which the road authority is requesting delegation;

(C) If there is an interested jurisdiction on any public paved low volume road within the boundaries of the road authority, the written application from the road authority must include a statement that the road authority and interested jurisdiction have agreed to the need to perform an engineering study and if appropriate, establish a designated speed according to this rule; and

(D) Specify that the road authority will perform or cause to be performed an engineering study to determine the appropriate designated speed.

(b) If the Department determines that the road authority has established a speed zone without complying with this rule, the Department may withdraw the delegation of authority and the road authority must remove existing speed zone signing and post the section of roadway at the speed that was posted preceding the engineering study.

(c) The Department may perform the engineering study at the request of the road authority following the procedures set forth in OAR 734-020-0015(2) or (3), as applicable.

(3) Speed Zone Criteria. A road authority granted speed zone authority under section (2) of this rule is subject to the following:

(a) Perform or cause to be performed an engineering study to determine the recommended speed for the proposed speed zone using the criteria specified in OAR 734-020-0015.

(b) Speed Zone Recommendation. The road authority is subject to the following guidelines when determining the recommended speed:

(A) The engineering study must recommend a speed for the highway which falls within the range of recommended speeds described in OAR 734-020-0015(2) or (3), as applicable to the particular segment of highway; and

(B) The section investigated for speed zoning should be at least one-quarter of a mile in length except transition speed zones may be a minimum of one thousand feet in length.

(4) Speed Zone Procedures.

(a) The road authority may establish a different speed on a specific section of highway if the engineering study finds that the existing designated or statutory speed is greater or less than reasonable or safe under the conditions found in the specific section in question unless any part of subsections (b) or (c) of this section apply.

(b) If the recommended speed falls outside the range allowed pursuant to 734-020-0015(2) or (3), as applicable, the road authority must notify the Department and the matter will be presented to the Speed Zone Review Panel.

(c) If there is an interested jurisdiction on the section of road, the following procedures must be followed:

(A) If the recommended speed is within the range allowed pursuant to 734-020-0015(2) or (3),as applicable and it is mutually agreed to by the road authority and interested jurisdiction then the road authority may issue a written order to establish the speed zone; or

(B) When differences of opinion between the road authority and interested jurisdiction occur, the road authority must notify the Department and the matter will be presented to the Speed Zone Review Panel.

(d) The road authority and interested jurisdiction, if any, should refer to the Department for further guidance on acceptable methodologies for an engineering study of speed zones.

(e) The road authority must file with the Department a copy of the written speed zone order and engineering study.

(f) The road authority must retain the original speed zone order and engineering study.

(g) The road authority may authorize the Department to issue the speed zone order by submitting a copy of the engineering study.

(h) The road authority is responsible for installing speed zone signing.

(i) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed.

(5) Rescission.

(a) A designated speed established in a speed zone order created under ORS 810.180 supersedes the statutory speed that would otherwise apply, until or unless the speed zone order is rescinded.

(b) A road authority may request that the Department rescind an established speed zone order if the road authority has determined that the statutory speed is more appropriate for the roadway and the roadway meets the statutory definition of the proposed statutory speed.

(c) When a speed zone order has been formally rescinded, the road authority may post the statutory speed.

Statutory/Other Authority: ORS 184.619, 810.010 & 810.180
Statutes/Other Implemented: ORS 810.180
History:
HWD 3-2020, amend filed 04/03/2020, effective 05/01/2020
HWD 3-2011, f. & cert. ef. 5-27-11
HWD 3-2007, f. & cert. ef. 6-25-07

734-020-0017
Establishment of Speed Zones on Public Unpaved Roads

(1) Purpose. This rule is adopted for the purpose of establishing speed zones on unpaved roads by the Department when appropriate.

(2) Guidance. ODOT provides the following guidance to assist the road authority in determining if creation of a speed zone is appropriate:

(a) Establishing speed zones on unpaved roads is generally discouraged:

(A) The risk with establishing a specific speed zone is that a “Speed Zone” sign creates an expectation by the driver that the roadway is safe to drive at the posted speed. Since unpaved roadway conditions can change rapidly depending on weather, season, traffic volumes and amount of road maintenance, establishing the appropriate speed zone for all conditions is difficult, if not impossible; and

(B) Oregon’s basic rule speed law requires drivers to adopt a reasonable and prudent speed. The driver should rely primarily on their visual observation of the roadway conditions, rather than a speed zone sign to determine the safe speed to drive a road.

(b) There are other factors that reduce the effectiveness of, or necessity for setting speeds on unpaved roads:

(A) Enforcement is minimal on unpaved roads. There would be poor compliance with speed zoning without enforcement commitment; and

(B) Risks of vehicle conflict are very low on these roads; most are used by travelers who are familiar with the roads and their condition.

(c) Given the factors in subsections (2)(a) and (2)(b), speed zones will only be established for unpaved roads that are gravel roads as defined in OAR 734-020-0014. Speed zones will not be established under ORS 810.180 for other unpaved roads except for speed zones established by a road authority under ORS 810.180(7), (8) or (9).

(3) Speed Zone Application Process. The road authority must do all of the following:

(a) Make written application to the State Traffic Engineer requesting authority to perform or cause to be performed an engineering study for a specific unpaved road under their jurisdiction;

(b) State the reason for the requested change in speed;

(c) Specify that the engineering study will be performed; and

(d) Submit the following documentation:

(A) Evidence of crash history;

(B) Written commitment from law enforcement that the subject roadway will be part of routine patrols;

(C) Written commitment from the road authority and interested jurisdiction, if any, that the roadway will be graded a minimum of every six months when open to normal traffic; and

(D) If there is an interested jurisdiction on the specified unpaved road within the boundaries of the road authority, the written application must include a statement that the road authority and interested jurisdiction have agreed to the need to perform an engineering study and if appropriate, establish a designated speed according to this rule.

(4) Delegation of Authority.

(a) The Department will delegate authority to perform the engineering study if the road authority satisfactorily completes the application process as outlined in section (3) of this rule; and

(b) The road authority will proceed with the engineering study upon review and approval of the application by the Department.

(5) Speed Zone Criteria. A road authority granted authority under section (4) of this rule is subject to the following:

(a) Perform or cause to be performed an engineering study to determine the recommended speed for the proposed speed zone using the following criteria:

(A) The eighty-fifth percentile speed; and

(B) Documented history of crashes related to excessive speed in the section of unpaved road for which a speed zone is requested.

(b) The following additional factors may be considered in the recommended speed:

(A) Accesses;

(B) Crash history;

(C) Enforcement;

(D) Geometric features;

(E) Pedestrian and bicycle movements;

(F) Public testimony;

(G) Traffic volumes;

(H) Type and density of adjacent land use; and

(I) Other applicable factors

(6) Speed Zone Recommendation. The road authority is subject to the following guidelines when determining the recommended speed:

(a) The recommended speed may be varied a maximum of 10 miles per hour above or below the eighty-fifth percentile speed; and

(b) The section considered for speed zoning should be at least one-quarter of a mile in length except transition speed zones may be a minimum of one thousand feet in length.

(7) Speed Zone Procedures. The following procedures apply to consideration and approval or denial of a speed zone recommendation:

(a) The road authority must submit two copies of the completed engineering study to the Department.

(b) The road authority should refer to the Department for acceptable methodologies and procedures for an engineering study of speed zones.

(c) The Department:

(A) May change the existing designated or statutory speed on a specific section of highway if the engineering study establishes to the satisfaction of the Department that the existing speed is greater or less than reasonable or safe for the specific section in question;

(B) Must give written notice to the road authority and interested jurisdiction, if any, of the Department’s determination regarding the designated speed; and

(C) May issue a speed zone order if the recommended speed is mutually agreeable to the road authority and any interested jurisdiction.

(d) The Department will refer the matter to the Speed Zone Review Panel when:

(A) There are differences of opinion among the Department and the road authority or interested jurisdiction;

(B) There are differences of opinion between the road authority and interested jurisdiction; or

(C) The recommended speed exceeds 10 mph above or below the eighty-fifth percentile speed.

(e) A copy of the written speed zone order must be filed with the road authority and any interested jurisdiction, as appropriate, and the original retained in the Department’s records for each speed zone established.

(f) The road authority is responsible for installing speed zone signing.

(g) The speed zone becomes enforceable when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed.

(8) Rescission.

(a) A designated speed established in a speed zone order created under ORS 810.180 supersedes the statutory speed that would otherwise apply, until or unless the speed zone order is rescinded.

(b) A road authority may request that the Department rescind an established speed zone order if the road authority has determined that the statutory speed is more appropriate for the roadway and the roadway meets the statutory definition of the proposed statutory speed.

(c) When a speed zone order has been formally rescinded, the road authority may post the statutory speed.

Statutory/Other Authority: ORS 184.616, 184.619, 810.010 & 810.180
Statutes/Other Implemented: ORS 810.180
History:
HWD 3-2011, f. & cert. ef. 5-27-11
HWD 3-2007, f. & cert. ef. 6-25-07

734-020-0018
Establishment of Variable Speed Zones

(1) Purpose:

(a) This rule is adopted for the purpose of the Department and other road authorities establishing variable speed zones on public roads under ORS 810.180. A variable speed zone may be established on a section of highway when an engineering study determines that a range of speeds in response to recurring conditions provides for better traffic safety and operation than a single set speed.

(b) A variable speed zone is established by a written order or rule defining the criteria, boundaries and procedures for speed changes in a designated manner over a given range of speeds at minimum specified intervals. At a particular time and place, the applicable speed zone reflects some of the same factors a prudent driver also considers. Examples include the effects of congestion, road conditions, reduced visibility or weather conditions. Improving the consistency between a responsible driver’s speed selection and the speed zone can keep traffic moving smoothly and improve safety. An engineering study is required.

(c) This rule applies to all public roads except where the Department has delegated its authority to establish designated speeds on low volume or unpaved roads under ORS 810.180(5) (f). The delegation of authority for low volume roads and unpaved roads is covered in OAR 734-020-0016 and OAR 734-020-0017.

(2) Definitions: the following definitions apply to this rule in addition to the speed zone definitions in OAR 734-20-0010 and 734-020-0014,

(a) “Algorithm” means the method or procedure by which the optimum speed is determined based on road, traffic or weather conditions.

(b) “Maximum Speed” means the maximum designated speed or statutory speed that may be posted in the variable speed zone, typically when conditions such as congestion, road conditions, reduced visibility or weather conditions are not present to support a reduced variable speed. A maximum designated speed is determined per OAR 734-020-0010, 734-020-0015 or 734-020-0016. A maximum statutory speed is established as a speed limit under ORS 811.111 or basic speed rule under 811.105.

(c) “Speed Change Interval” means the magnitude of allowed change in miles-per-hour when the posted speed is changed in response to conditions.

(d) “Speed Change Record” is the long term storage of each activated change including the reason or condition, in the posted speed at each variable speed sign in a manner such that the posted speed at a given location and time within a variable speed zone can be determined and reported.

(e) “Transportation Operations Center (TOC)” (also called a Traffic Management Center or Traffic Management Operations Center) means the facility through which the road, traffic and/or weather conditions are monitored and collected, processed, distributed and communicated to the variable speed signs.

(f) “Variable Speed Zone” means a designated speed that changes based on congestion, road conditions, reduced visibility or weather conditions.

(3) Establishing a Variable Speed Zone on Interstate Highways: the following procedures apply when the Department of Transportation proposes establishing a variable speed zone on any section of interstate highway under ORS 810.180:

(a) The Department may establish variable speed zones on a section of interstate highway based on an engineering study of the characteristics such as congestion, road conditions, reduced visibility or weather conditions. For each section of interstate highway under consideration the Department will prepare an engineering study that will include all of the following:

(A) The Maximum speed.

(B) Crash patterns in the section of highway under consideration by time of day, day of week, season of year or other period exhibiting recurring crash patterns.

(C) Law enforcement consultation and input.

(D) Traffic characteristics by time of day, day of week, season of year or other periods where recurring congestion levels and reduced average speeds occur, such as hourly congestion levels and calculated eighty-fifth percentile speeds (85% speeds).

(E) Type and frequency of adverse road conditions, including weather, environment, and visibility.

(b) The Department will prepare a written analysis and recommendation of the boundaries and algorithms for the variable speed zone. The recommendation will include:

(A) Locations of each sign,

(B) Set of algorithms,

(C) The speed change intervals,

(D) The means, responsibilities and procedures for changing posted speed and

(E) The means, responsibilities and procedures for keeping the speed change records.

(c) If appropriate, the Department will institute rulemaking to make changes to the interstate speed designations which are included in OAR 734-020-0019.

(d) The speed change record must be retained and maintained for at least 5 years.

(e) The speed zone becomes enforceable when variable speed signs are installed and operated.

(4) Establishing a Variable Speed Zone on rural state highways except unpaved roads: the following apply when the Department of Transportation proposes to establish variable speed zones on sections of state highway outside city limits:

(a) The Department may establish variable speed zones on a section of rural state highway based on an engineering study of the characteristics such as congestion, road conditions, reduced visibility or other weather conditions. For each section of rural state highway under consideration the Department will prepare an engineering study that will include all of the following:

(A) The Maximum speed.

(B) Crash patterns in the section of highway under consideration by time of day, day of week, season of year or other period exhibiting recurring crash patterns.

(C) Law enforcement consultation and input.

(D) Traffic characteristics by time of day, day of week or season of year or other periods where recurring congestion levels and reduced speeds occur, such as hourly congestion levels and calculated eighty-fifth percentile speeds (85% speeds).

(E) Type and frequency of adverse road conditions, including weather, environment, and visibility.

(b) The Department will prepare a written analysis and recommendation of the boundaries and algorithms for the variable speed zone. The recommendation will include all of the following:

(A) Locations of each sign,

(B) Set of algorithms,

(C) The speed change intervals,

(D) The means, responsibilities and procedures for changing posted speed and

(E) The means, responsibilities and procedures for keeping the speed change records.

(c) A written variable speed zone order must be issued by the department to establish a variable speed zone.

(d) The original written variable speed zone order must be retained in the Department of Transportation’s records for each speed zone issued.

(e) The speed change record must be retained and maintained for at least 5 years.

(f) The speed zone becomes enforceable when variable speed signs are installed and operated.

(5) Establishing a Variable Speed Zone on state highways inside city limits, city streets, county roads and any other rural public roads except unpaved public roads: the following procedures apply when the applicable Road Authority proposes to establish variable speed zones on sections of state highways inside city limits, city streets, county roads and any other rural public roads except unpaved public roads:

(a) The road authority must make a recommendation to the State Traffic Engineer to establish a variable speed zone. The recommendation will include all of the information required in this section including the engineering study.

(b) The Department may establish variable speed zones on a section of state highways inside city limits, city streets, county roads and any other rural public roads except unpaved public roads based on an engineering study of the characteristics such as congestion, road conditions, reduced visibility or other weather conditions. For each section of public road under consideration an engineering study must be completed that will include all of the following:

(A) The Maximum speed.

(B) Crash patterns in the section of highway under consideration by time of day, day of week or season of year or other period exhibiting recurring crash patterns.

(C) Law enforcement consultation and input.

(D) Traffic characteristics by time of day, day of week or season of year or other periods where recurring congestion levels and reduced average speeds occur, such as hourly congestion levels and calculated eighty-fifth percentile speeds (85% speeds).

(E) Type and frequency of adverse road conditions, including weather, environment, and visibility.

(c) The road authority, or the Department on state highways, will submit an engineering study to the State Traffic Engineer, which includes the analysis and recommendation of the boundaries and algorithms for the variable speed zone. The recommendation will include all of the following:

(A) Locations of each sign,

(B) Set of algorithms,

(C) The speed change intervals,

(D) The means, responsibilities and procedures for changing posted speed and

(E) The means, responsibilities and procedures for keeping the speed change records.

(d) A written variable speed zone order must be issued by the department to establish a variable speed zone.

(e) The original written variable speed zone order must be retained in the Department of Transportation’s records for each speed zone issued.

(f) The speed change record must be retained and maintained for at least 5 years.

(g) The speed zone becomes enforceable when variable speed signs are installed and operated.

Statutory/Other Authority: ORS 184.619 & 810.180
Statutes/Other Implemented: ORS 810.180
History:
HWD 3-2021, amend filed 07/19/2021, effective 07/19/2021
HWD 5-2015, f. & cert. ef. 11-20-15
HWD 1-2012, f. & cert. ef. 1-27-12

734-020-0019
Locations and Criteria of Variable Interstate Speed Limits

This rule is applicable only to regulatory systems and not to advisory systems.

(1) All locations of interstate highways have maximum speed limits set in section (2) of OAR 734-020-0011 or statutory maximum speed limits per ORS 811.111.

(2) Variable speed limits on the following sections of interstate highways are established as follows:

(a) I-84 Eastbound, MP 277.49 – MP 305.00: The following sections each may have different speed limits based on the criteria in section (3) of this rule:

(A) 1.15 mile west of Clover Creek Interchange Structure (MP 277.49) to 0.30 mile east of North Powder River (MP 286.50).

(B) 0.30 mile east of North Powder River (MP 286.50) to 100 feet west of Culley Lane Structure (MP 295.65).

(C) 100 feet west of Culley Lane Structure (MP 295.65) to 0.86 mile east of Campbell Street Interchange Structure (MP 305.00).

(b) I-84 Westbound, MP 277.88 – MP 306.40: The following sections each may have different speed limits based on the criteria in section (3) of this rule:

(A) 0.76 mile west of Clover Creek Interchange Structure (MP 277.88) to 0.67 mile west of North Powder Interchange Structure (MP 285.01).

(B) 0.67 mile west of North Powder Interchange Structure (MP 285.01) to 0.24 mile west of Culley Lane Structure (MP 295.43).

(C) 0.24 mile west of Culley Lane Structure (MP 295.43) to 0.13 mile west of S. Baker Interchange Structure (MP 306.40).

(c) I-5 Northbound, MP 3.68 – MP 12.00: The following sections each may have different speed limits based on the criteria in section (3) of this rule:

(A) 0.95 mile south of Siskiyou Highway U’xing (MP 3.68) to 0.29 mile south of Box Hill Creek (MP 5.97).

(B) 0.29 mile south of Box Hill Creek (MP 5.97) to 0.27 mile south of Neil Creek Road U’xing (MP 10.08).

(C) 0.27 mile south of Neil Creek Road U’xing (MP 10.08) to 0.16 mile north of Clayton Creek (MP 12.00).

(3) Criteria for Changing Speeds. The Variable Speed Limit system has two automated subsystems, 1) a congestion subsystem and 2) a weather subsystem, each determining a recommended speed based on criteria set forth below in (a) and (b). The system also includes a manual control subsystem with criteria for use as described below in (c). The system automatically displays the lowest recommended speed from the automated subsystems with the ability for limited manual intervention when appropriate.

(a) Automated variable speed limits for congestion:

(A) During periods of free flow or near free flow when there is little or no congestion and drivers are not impeded by other vehicles, the subsystem will be programmed to select the maximum speed limit.

(B) During periods of congestion characterized by slower speeds on the roadway the subsystem will be programmed to select recommended reduced speeds corresponding to the congested conditions.

(C) The 85th percentile speed will be calculated from traffic sensor data. The variable posted speed limit shall be the 85th percentile speed rounded to within 5 mph. If there are multiple traffic sensors within the segment, the 85th percentile speed will be taken from the speed sensor with the lowest speed.

(D) If the subsystem does not have sufficient data to calculate the 85th percentile speeds, occupancy data (percent of time a vehicle was on the sensor) shall be used to determine if vehicles are stopped at the sensors. If the presence of vehicles is indicated, then the subsystem will assume traffic is stopped and display the minimum speed limit.

(E) If the subsystem is unable to determine a recommended speed due to the lack of data, the subsystem will use the last valid speed until a new speed is calculated.

(b) Automated variable speed limits for adverse weather conditions:

(A) The weather responsive subsystem will select recommended reduced speeds during periods where speeds are required to be at least 10 mph below the maximum speed limit due to either adverse weather conditions or other safety hazards.

(B) Weather sensors must be installed within the corridor. These sensors may measure such elements as the friction of the roadway (grip factor), classify roadway surface conditions (ice or snow present), measure visibility, or other factors related to weather depending on the corridor and reoccurring conditions.

(C) The variable speed determined by weather sensor data shall generally be 10 to 20 mph lower than maximum speed limit in the segment depending on severity and number of conditions present. If the maximum speed limits on the highways are above 65 mph (i.e., speeds on interstate are 70 or 75 mph) then the variable speeds shall be lowered to 55 mph and 45 mph depending on severity and number of conditions present. The minimum speed limit of 30 mph will be reserved for the most severe weather conditions in combination with low visibility or where significant traction problems are present.

(D) The TOC has authority to disable the weather responsive subsystem when necessary or override the speed if other conditions are present and not being detected by weather sensors.

(E) The subsystem shall also consider the snow zone chain condition in place during inclement weather conditions. ODOT establishes the chain conditions based on OAR 734-017-0005 thru 0025.

(i) When chains are required on some classes of vehicles, but not all, the subsystem will recommend a 45 mph speed.

(ii) When chains are required on all vehicles the subsystem will recommend a 35 mph speed.

(F) When a chain condition is present and a weather event is being detected the slowest recommended speed shall be used.

(c) When sensors are not detecting properly or conditions are such that the automated system does not adequately address the conditions present on the roadway the TOC may establish variable speed limits other than those established by either the weather subsystem or the congestion subsystem in accordance with the following:

(A) The TOC shall have the ability to temporarily override the system when in the judgement of the Department it is necessary to protect the safety of the public or workers, or avoid damage to any portion of the highway.

(B) Key information such as weather and displayed speeds from the automated systems, if available, should be used to provide information for decision making.

(C) The minimum period for changing speeds may be overridden by the TOC and the posted speed changed immediately.

(D) Unforeseen conditions not covered by the automated system may necessitate overriding the automated system such as a major natural disaster or evacuation.

(E) Other conditions include setting the variable speed system to a lower speed for properly documented reduced speeds. Examples include construction work zones or emergency conditions such as landslides.

(F) When manual control is requested, the TOC shall record who made the request and the reason for the request.

(d) General conditions for variable speed limits:

(A) Speed signs shall not display a speed greater than the designated speed limit for the segment as set in OAR 734-020-0011 and if none, then the statutory maximum speed limit in ORS 811.111.

(B) Speed Limits displayed shall be the lowest of the two automated subsystems, congestion or weather, unless overridden by the TOC.

(C) Speed limits between subsequent highway speed change segments typically shall not be reduced by more than 10 to 15 MPH between adjacent segments. These may be urban situations where speed signs are separated by no more than a few miles. In some cases (such as rural locations) where there are relatively long distances between speed signs, the speed change between subsequent sections may be much greater since there may be free flow speeds in adjacent segments and thus no reason for reduced speeds.

(D) The speed limit shall be displayed in 5 MPH increments.

(E) The speed limit shall not be decreased more than once within a 2 minute period, unless overridden by the TOC.

(F) The speed limit shall not be increased more than once within a 3 minute period, unless overridden by the TOC.

(G) The minimum variable speed limit shall not be less than 30 MPH.

(H) Variable speed signs should be posted near, and downstream of interstate entrances, typically within about 1500 to 2000 feet.

(I) Variable speed signs for urban areas should be placed at frequent intervals. For rural areas the sign interval should be at least every five miles but no more than every ten miles.

(J) The TOC shall log the speed limit being displayed on the variable speed signs and keep the log for a minimum of five years.

(K) Static signs giving warning of entering the variable speed corridor shall be placed at the beginning of the corridor.

(L) Static signs giving notice of the end of the variable speed limit may be placed at the exit points. A static speed sign shall be placed at the end of the corridor to establish the end of the variable speed and the beginning of the fixed speed limit.

Statutory/Other Authority: ORS 184.619, 810.180 & 811.111
Statutes/Other Implemented: ORS 810.180 & 811.111
History:
HWD 3-2021, amend filed 07/19/2021, effective 07/19/2021
HWD 5-2015, f. & cert. ef. 11-20-15
HWD 10-2012, f. & cert. ef. 9-27-12
HWD 1-2012, f. & cert. ef. 1-27-12

734-020-0020
Warrants for Parking and Turn Prohibitions

The State Traffic/Roadway Engineer (STRE) is delegated the authority to establish parking or turn prohibitions on state highways for state wide consistency. Region Traffic Engineers (RTE) are delegated the authority to establish parking or turn prohibitions on state highways within their respective Regions. RTE may consult with the STRE prior to establishing prohibitions. RTE will notify the STRE of the prohibitions.

(1) Parking prohibitions and turn prohibitions shall be warranted if:

(a) An engineering investigation indicates that such prohibitions will improve safe traffic operating conditions; or

(b) An engineering investigation indicates that such prohibitions are necessary to increase the capacity of the roadway or to otherwise expedite the movement of traffic.

(c) The engineering investigation will include a review and analysis of the past accident history, a study of the traffic volumes, patterns and turning movements when appropriate. A field investigation of the physical conditions will be made when required.

(2) Parking prohibitions shall be warranted if an engineering investigation indicates that such parking prohibitions are necessary:

(a) to prevent the imminent damage to the facility. Where parked vehicles could damaged the pavement surface; or

(b) to prevent facility conflicts with maintenance; or

(c) for time limit restrictions or loading zones.

(3) Turn prohibitions shall be warranted if an engineering investigation indicates that such turn prohibitions are necessary for safety or operations.

Statutory/Other Authority: ORS 184 & 810
Statutes/Other Implemented: ORS 810.160 & 810.210
History:
HWD 5-2012, f. & cert. ef. 3-26-12
1OTC 53, f. 3-3-75, ef. 3-25-75

734-020-0043
High Occupancy Vehicle Lane on Interstate 5

(1) One northbound lane of Interstate 5 from milepoint 303.98 to milepoint 307.49 is reserved for exclusive use by high occupancy-use passenger vehicles as designated.

(2) For purposes of this rule, the following definitions apply:

(a) “Designated” means signed as specified in section (4) of this rule;

(b) “High occupancy-use passenger vehicle” means passenger vehicles of 8,000 pounds or less carrying the driver and one or more additional passengers, and motorcycles or buses regardless of occupancy level;

(c) “High occupancy vehicle lane” or “HOV lane” means a lane reserved only for high occupancy-use passenger vehicles; and

(d) “Reserved for exclusive use” means only high occupancy-use passenger vehicles may use the lane when so indicated by signs or pavement markings specified in section (4) of this rule.

(3) Emergency vehicles may use the HOV lane when engaged in emergency action.

(4) The HOV lane shall be designated by signs or pavement markings as defined in the Manual on Uniform Traffic Control Devices or other approved signs and markings not in conflict with Oregon or Federal Highway Administration regulations. Signs may specify the times or days when the lane is designated as a HOV lane.

Statutory/Other Authority: ORS 184.616, 184.619 & 810.140
Statutes/Other Implemented: ORS 810.140
History:
TO 9-1998, f. & cert. ef. 9-14-98

734-020-0044
Bus Shoulder Lanes on Freeways

(1) For purposes of this rule, the following definitions apply:

(a) “Authorized bus” means an automotive vehicle, either publicly or privately owned, that is operated by or on behalf of a public transportation service provider for the provision of public transportation services.

(b) “Bus shoulder lane” means a freeway shoulder designated for use by an authorized bus.

(c) “Department” or “ODOT” means the Oregon Department of Transportation.

(d) “Designated” means signed or marked as specified in section ‎(5) of this rule.

(e) “Freeway” means a highway for through traffic in which access to the highway is fully controlled except as may be allowed at interchanges.

(f) “Indian tribe” has the meaning set forth in OAR 732-040-0005.

(g) “Intergovernmental entity” has the meaning set forth in OAR 732-040-0005.

(h) “Mass transit district” has the meaning set forth in OAR 732-040-0005.

(i) “Public transportation service provider” means a provider organized in this or another state that is a mass transit district, a transportation district, an Indian tribe, a city, county, special district, intergovernmental entity, or any other political subdivision or municipal or public corporation that provide public transportation services.

(j) “Public corporation” has the meaning set forth in OAR 732-040-0005.

(k) “Public transportation services” means passenger transportation service to the general public on a regular and continuing basis that is designed and advertised as shared-ride service. “Public transportation services” does not include charter, sightseeing, exclusive school bus service, or services designed to meet the needs of a specific user group.

(L) “Shared-ride service” means a service where neither the operator nor any passenger may refuse to permit additional passengers that are otherwise complying with the operator’s rules and policies.

(m) “Special district” has the meaning set forth in OAR 732-040-0005.

(n) “Transportation district” has the meaning set forth in OAR 732-040-0005.

(2) The ODOT chief engineer or their designee may designate a bus shoulder lane on a freeway by order, as described in ORS 810.140, when ODOT and a public transportation service provider have signed an agreement as described in section ‎(3) of this rule. The chief engineer or their designee, considering need and safety, may establish criteria for designating a bus shoulder lane in addition to criteria described in section ‎(3) of this rule, as necessary.

(3) Upon entering an agreement with a public transportation service provider on the use and operation of the bus shoulder lane, a public transportation service provider may operate in a designated bus shoulder lane. The agreement must include, but not be limited to, the following:

(a) A requirement that an authorized bus must be operated by a driver who has been trained, or is being trained, in the proper use of bus shoulder lanes.

(b) A description of where the bus shoulder lane begins and ends.

(c) A description of the type of bus or buses authorized to operate in the bus shoulder lane.

(d) A plan for communicating the operating conditions of the bus shoulder lane between the road authority, transportation service provider, and any other public transportation service provider operating in the same bus shoulder lane. This plan may include, but is not limited to, communicating the location of obstructions in the bus shoulder lane, inclement weather, temporary closures of the bus shoulder lane, and other incidents.

(e) A description of the roles and responsibilities of the road authority and public transportation service provider to execute the agreement.

(f) Conditions for operating an authorized bus in the bus shoulder lane, including but not limited to, the following:

(A) Developing and executing a training plan by the public transportation service provider for bus drivers on the proper use of the bus shoulder lane.

(B) Operating an authorized bus in the bus shoulder lane only when traffic in the lane adjacent to the bus shoulder lane operates below a speed established in the agreement and the authorized bus is not leaving or returning to the authorized bus’s garage or yard facility.

(C) Operating in the bus shoulder lane in accordance with the speed established in the agreement, including a speed established for traveling faster than vehicles in the adjacent lane.

(D) Operating in the bus shoulder lane with hazard lights on.

(E) Requiring an authorized bus to yield to merging, entering, and exiting traffic, and to allowable uses and other obstructions in the bus shoulder lane.

(4) A bus shoulder lane may be used by pedestrians, people operating bicycles, stopped vehicles, or emergency use unless otherwise prohibited in the order issued under ORS 810.140 and this administrative rule.

(5) Bus shoulder lanes must be established using traffic control devices that conform to the Manual on Uniform Traffic Control Devices adopted in OAR 734-020-0005.

Statutory/Other Authority: ORS 184.619 & 810.140
Statutes/Other Implemented: ORS 810.140
History:
HWD 15-2023, adopt filed 11/14/2023, effective 11/14/2023

734-020-0045
Prohibition of Bicycles and Pedestrians on Freeways

(1) Bicycles and pedestrians as defined in ORS 801.150 and 801.385, are prohibited upon the following segments of freeways within the State of Oregon:

(a) Portland area:

(A) The Columbia River Highway No. 2 (Banfield/I-84) from its intersection with I-5, M.P. 0.00, to 238th Drive, M.P. 15.96;

(B) The Sunset Highway No. 47 easterly of the Jefferson Street Interchange, M.P. 73.35;

(C) Interstate 5 (Hwy. No. 1) northerly of the Beaverton-Tigard Highway Interchange, M.P. 292.20;

(D) Interstate 205 (Hwy. No. 64) northerly of the Overcrossing of the Oswego Highway No. 3, M.P. 8.82;

(E) Interstate 405 (Hwy. No. 61) in its entirety; and

(F) Lower Columbia Highway No. 2W from its intersection with I-405, M.P. 0.00, to 23rd Street, M.P. 1.99.

(b) Medford area: Interstate 5 (Pacific Highway No. 1) from the South Medford Interchange, M.P. 27.16, to the North Medford Interchange, M.P. 30.29 (in Medford).

(2) The closure of the above sections to bicycles and pedestrians shall become effective following the erection of adequate signing.

(3) The prohibition of pedestrians from the above segments of freeways does not prohibit the driver and passengers of a disabled vehicle from walking to the nearest freeway exit in accordance with ORS 814.100.

Statutory/Other Authority: ORS 184.619, 810.020 & 810.030
Statutes/Other Implemented: ORS 810.020 & 810.030
History:
HWD 13-2010, f. & cert. ef. 10-25-10
Reverted to HWY 4-1987, f. & ef. 11-24-87
HWY 2-1996(Temp), f. 3-7-96, cert. ef. 5-1-96
HWY 4-1987, f. & ef. 11-24-87
HWY 2-1987, f. & ef. 2-6-87
HC 1280, f. & ef. 4-5-72

734-020-0060
Design and Construction of Bikeways

(1) The Department of Transportation adopts by reference The American Association of State Highway and Transportation Officials, “Guide for the Development of Bicycle Facilities,” (Guide), dated August, 1991, to establish bikeway design and construction standards, to establish guidelines for traffic control devices on bikeways including location and type of traffic warning signs and to recommend illumination standards, all in accordance with and pursuant to ORS 366.514, 184.616, 184.619, and 366.205.

(2) The following constitute supplements and exceptions to the August, 1991 Edition of the “Guide for the Development of Bicycle Facilities”:

(a) Signing and Marking:

(A) All bicycle signing and markings on the State Highway System or installed on local city streets or county roads under state contract or agreement shall be in conformance with the current Department of Transportation “Sign Policy and Guidelines for the State Highway System” and the “Traffic Line Manual.” Any signing or markings not included in these guidelines or manual, but which is deemed necessary and required for the bicycle facility shall conform to the Manual on Uniform Traffic Control Devices as adopted by the Oregon Transportation Commission;

(B) The standard width longitudinal painted solid line separating the motor vehicle travel way and a bike lane shall be a solid nominal eight-inch wide white stripe as required by OAR 734-020-0055; and

(C) The desirable width for a one-way bike lane on the State Highway System or installed on local city streets or county roads under state contract or agreement is six feet. Where six feet is not practical to achieve because of physical or economic constraints, a minimum width of four feet may be designated as a bike lane.

(b) Definitions: For the purpose of this rule and the Guide, the definitions on pages two and three of the Guide shall control, rather than any conflicting statutory or rule definitions. Terms not defined in the Guide shall be given their ordinary every day interpretation, even if defined otherwise for use in specific chapters in the Oregon Revised Statutes.

[Publications: Publications referenced are available from the agency.]

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 366.514
Statutes/Other Implemented: ORS 366.514(4) & 810.200
History:
HWY 1-1992, f. & cert. ef. 2-11-92
HWY 3-1988, f. & cert. ef. 5-27-88
2HD 7-1983, f. & ef. 2-18-83
1OTC 38, f. 9-26-74, ef. 10-25-74

734-020-0070
Fee for Issuance of Winter Recreation Parking Sno-Park Permits

(1) The fee for parking permits in winter recreation parking areas (Sno-Parks) shall be as follows:

(a) One day — $4;

(b) Three consecutive days — $9;

(c) Annual, beginning each November — $25.

(2) Sno-Park permits may be issued by the Department or persons appointed by the Department as provided in ORS 811.595.

Statutory/Other Authority: ORS 184.616, 811.595 & 811.600
Statutes/Other Implemented: ORS 811.600
History:
HWD 3-2013, f. & cert. ef. 8-26-13
HWD 11-2011, f. & cert. ef. 10-26-11
HWD 7-2010, f. 7-30-10, cert. ef. 8-1-10
HWD 7-2007, f. & cert. ef. 10-17-07
TO 1-2000, f. & cert. ef. 1-19-00
TO 2-1999(Temp), f. & cert. ef. 9-3-99 thru 2-29-00
HWY 9-1997, f. & cert. ef. 9-22-97
HWY 7-1993, f. & cert. ef. 10-27-93
HWY 13-1992, f. & cert. ef. 10-20-92
2HD 17-1983, f. & ef. 9-23-83
2HD 4-1982, f. & ef. 10-5-82
1OTC 28-1979, f. & ef. 11-26-79
1OTC 23-1979(Temp), f. & ef. 9-24-79

734-020-0080
State Highway Right of Way Parking; General Policy

It is the policy of the Oregon Transportation Commission to permit the Chief Engineer to define areas within the state highway rights-of-way in which overnight parking of any motor vehicle shall be prohibited. Accessible areas are provided and motorist usage will be permitted for reasons of safety and rest by drivers in need thereof and to permit viewing of scenic vistas.

Statutory/Other Authority: ORS 366, 390 & 810
Statutes/Other Implemented: ORS 810.030 & 810.160
History:
2HD 8-1981, f. & ef. 10-2-81
2HD 4-1981(Temp), f. 7-22-81, ef. 7-23-81

734-020-0085
Parking Regulations

(1) At defined areas requiring parking regulation, the Chief Engineer shall install signs using the legend “NO OVERNIGHT PARKING — PARKING (Between 1:00 a.m. and 5:00 a.m.) PROHIBITED.” Such signs shall be installed at locations visible to a driver and frequently enough at any one area to properly advise a driver of the parking restriction.

(2) Emergency parking shall be permitted in areas of regulated parking.

Statutory/Other Authority: ORS 366, 390 & 811
Statutes/Other Implemented: ORS 810.030 & 810.160
History:
2HD 8-1981, f. & ef. 10-2-81
2HD 4-1981(Temp), f. 7-22-81, ef. 7-23-81

734-020-0090
Criteria for Parking Regulation

(1) If overnight parking in waysides, rest areas and winter recreational parking areas creates traffic and/or personal safety hazards, visible sanitation problems, sanitation problems not directly discernible, interferes with normal highway maintenance procedures or interferes with public usage for reasons of traffic safety or the intended use of the location, then the Chief Engineer shall regulate parking.

(2) If parking overnight or otherwise on beach access roads and all other accessible areas on state highways creates any type of safety hazard, visible sanitation problems, sanitation problems not directly discernible or interferes with normal highway maintenance procedures, or the intended use of the location, then the Chief Engineer shall regulate parking.

(3) The extent of parking regulation and the areas to be regulated shall be determined by a study of the areas.

Statutory/Other Authority: ORS 366, 390 & 811
Statutes/Other Implemented: ORS 810.030 & 810.160
History:
2HD 8-1981, f. & ef. 10-2-81
2HD 4-1981(Temp), f. 7-22-81, ef. 7-23-81

734-020-0095
Prohibited Activities on State Highway Right of Way

(1) The following activities are prohibited on the right-of-way of any state highway as defined by ORS 377.710(34):

(a) Lighting of fires;

(b) Depositing refuse of any kind except in designated containers;

(c) Camping or staying overnight, or any establishment of occupancy or of a residence, whether temporary or permanent; and

(d) Erection of any building or facility, including but not limited to tents, shacks, lean-tos, stands or shelters of any kind.

(2) This rule does not apply to rest areas covered under OAR chapter 734, division 30.

(3) Violation of subsection (1)(c) or (d) of this rule will subject the violating party to a possible citation for criminal trespass under the laws of this state.

Statutory/Other Authority: ORS 366
Statutes/Other Implemented: ORS 810.030
History:
2HD 18-1981, f. & ef. 11-24-81
2HD 9-1981(Temp), f. & ef. 10-2-81

734-020-0100
Definitions for Freeway Median Crossovers

(1) “Freeway” means a fully access controlled throughway.

(2) “Median” means the space between inside shoulders of the separated one-way roadways of a freeway.

(3) “Crossover” means a surfaced roadway crossing the median and located generally at right angles to, between and connecting the inside or median shoulders of the separate through roadways of a freeway.

Statutory/Other Authority: ORS 184 & 366
Statutes/Other Implemented: ORS 810.030
History:
2HD 5-1981, f. & ef. 10-2-81

734-020-0105
Criteria for Approval of Freeway Median Crossovers

(1) A freeway median crossover may be approved and constructed if the following criteria are met:

(a) The median is 40 or more feet in width measured at right angles between the edges of the inside paved shoulder and does not have a metal or concrete median barrier;

(b) The crossover is in a location providing adequate vehicle stopping and sight distance and other safety requirements;

(c) The crossover is three or more miles distant in either direction from an interchange, measured to the center of the undercrossing or overcrossing structure; and

(d) The crossover is one or more miles distant in either direction from any other entrance or exit ramp, (i.e., safety rest area), and 1/2 mile or more distant in either direction from an undercrossing or overcrossing structure measured to the center of the structure.

(2) The criteria of section (1) of this rule establishes the standards for all freeway median crossovers in this state. However, if one or more of those criteria are not met, the Chief Engineer, considering need and safety, may approve and order the construction and installation of a freeway median crossover following and based upon an engineering investigation.

Statutory/Other Authority: ORS 184 & 366
Statutes/Other Implemented: ORS 810.030
History:
2HD 12-1983, f. & ef. 5-18-83
2HD 8-1982(Temp), f. & ef. 12-28-82
2HD 5-1981, f. & ef. 10-2-81

734-020-0110
Conditions under which Crossovers May Be Utilized

(1) In a bona fide emergency (emergency means a serious physical injury or substantial property damage requiring immediate response).

(2) Under fully signed and protected traffic control conditions, or under official pilot car or traffic escort conditions which are under the direction and control of highway or police personnel.

(3) For official state police operations, i.e., accident or incident response and expeditious, fuel efficient law enforcement.

Statutory/Other Authority: ORS 184 & 366
Statutes/Other Implemented: ORS 810.030
History:
2HD 5-1981, f. & ef. 10-2-81

734-020-0115
Persons Authorized to Use Crossovers

(1) Personnel operating Department of Transportation maintenance vehicles.

(2) Police officers.

(3) Personnel operating any fire department emergency response vehicle.

(4) Personnel operating public or privately owned ambulances, paramedic or authorized emergency service vehicles, if the agency or firm has received prior approval from the Department of State Police or the Department of Transportation.

(5) Any personnel operating public or privately owned towing vehicles or towing equipment, if the agency or firm has received prior approval from the Department of State Police or the Department of Transportation.

Statutory/Other Authority: ORS 184 & 366
Statutes/Other Implemented: ORS 810.030
History:
2HD 5-1981, f. & ef. 10-2-81

734-020-0120
General Policy for One-Way Operation for Trucks and Buses

It is the policy of the Oregon Transportation Commission to establish one-way operation for trucks and buses on certain sections of the State Highway System on which there has been a demonstrated need due to accidents.

Statutory/Other Authority: ORS 184 & 366
Statutes/Other Implemented: ORS 810.030
History:
2HD 6-1981, f. & ef. 10-2-81

734-020-0125
One-Way Traffic Regulations for Trucks and Buses

On defined sections of state highways the Chief Engineer shall install signs for each direction of traffic using the legend “ONE-WAY TRAFFIC FOR TRUCKS AND BUSES AHEAD” and “ONE-WAY TRAFFIC FOR TRUCKS AND BUSES” at the beginning of the defined section.

Statutory/Other Authority: ORS 184 & 366
Statutes/Other Implemented: ORS 810.030
History:
2HD 6-1981, f. & ef. 10-2-81

734-020-0130
Criteria for One-Way Operation for Trucks and Buses

(1) A field investigation shall be made for each section of highway on which one-way operation may be required. The following field data shall be recorded:

(a) Curb to curb width for the bridge tunnel or underpass;

(b) Sight distance on both approaches based on geometric design and/or other obstructions;

(c) Typical cross-sections;

(d) Location of the striped centerline with respect to pavement edge or curb; and

(e) Approach speeds.

(2) The following cases may be considered:

(a) If curb to curb distance or roadway width is more than 20 feet and the painted centerline is centered in the roadway, one-way operation will not normally be established if there are no speed restrictions (i.e., 55 MPH maximum basic rule under 55 maximum);

(b) Curb to curb or roadway width 20 feet or less may be considered for one-way operation;

(c) Any consideration of one-way operation shall consist of a review of the past accident history for the section involved including structural damage accidents;

(d) Sections of existing roadway already signed for one-way truck and bus operation shall be reviewed based on these rules and engineering judgment. No existing one-way operation for trucks and buses shall be removed without prior approval of the Chief Engineer;

(e) A written report shall be prepared.

(3) The Traffic Engineer shall maintain a complete file of all investigations and reports and a record of approved sections on the State Highway System. As needed, a report under delegated authority will be prepared for the Chief Engineer by the Traffic Engineer.

Statutory/Other Authority: ORS 184 & 366
Statutes/Other Implemented: ORS 810.030
History:
2HD 6-1981, f. & ef. 10-2-81

734-020-0145
Removal of Cargo or Debris from State Highways

(1) Whenever cargo is spilled or lost, or any other debris or items are deposited or left upon a state highway, any and all items, including wrecked, stalled or struck vehicles, trailers or cargo, which prevent safe passage in at least one lane of a two lane highway or one or more lanes in one direction of a multi-lane highway, are deemed to be obstructions which interfere with the maintenance and operation of state highways. As obstructions, these items are further deemed to interfere with the free flow of traffic and are a hazard to the motoring public. Such obstructions are found to be a threat to public safety (e.g., are impediments to emergency vehicles, create dangers of spillage of flammable materials and toxic substances, result in unexpected congestion and quick stops, and draw crowds of onlookers); and to result in public inconvenience; and, therefore, should be removed in the most expedient manner possible for the protection of the public. Under the general police power the Oregon Department of Transportation may remove such items or vehicles, or order such removed.

(2) Whenever such obstruction occurs, except in instances where the obstruction can be removed within a reasonable time without damage to the cargo or vehicles, the District Manager, or Assistant District Manager, or if both are not available, the Region Manager or other appropriate members of the Region Manager’s staff, should be notified at once. A decision shall be made and approval must be received from one of the above individuals before department employees may take any action to remove the obstruction. In making the determination to remove the obstruction by department employees, and to return the highway to normal traffic operations the following considerations may be made, however, this list may not be exhaustive of all considerations and some may not be appropriate considerations in each instance:

(a) Time of day the obstruction occurred and was discovered;

(b) Location of the obstruction;

(c) The hazard which it creates;

(d) Weather conditions;

(e) The type and condition of highway;

(f) Traffic volume;

(g) The type of vehicle, and the nature of the cargo or other items and any special characteristics of each which may impact on the extent of the hazard; and

(h) Availability of equipment for removal of the hazard and types of equipment which may be reasonably available.

(3) If, after consideration of the above factors, a determination is made that removal of the obstruction by highway employees would be in the interest of the general public, the removal may be ordered. The method of removal and guidelines for the safe keeping of the vehicle, cargo or item shall be discretionary and are to be determined by the District Manager, in conjunction with law enforcement and environmental protection agencies when appropriate, and shall be immediately transmitted to the department employees at the scene of the obstruction.

(4) Alternative methods of removal by other than department employees may be considered. In considering this alternative, in addition to the above criteria, other considerations may include whether removal of the obstruction by the owner of the vehicle or cargo will result in further interference with highway traffic; protection of the cargo, vehicle or other items; resulting damage to highway property, including highway surface; the time required for removal and the likelihood of successful removal.

(5) The safety and convenience of highway traffic shall always be the major consideration; however, once the method of removal has been determined, the department employee shall take reasonable care to ensure that unnecessary damage does not occur to the vehicle, cargo or item which is being removed, while still utilizing the method of removal directed and taking reasonable precautions for removed items. All discretionary decisions for removal and method of removal shall be made in light of the nature of the hazard and the need for speedy removal, and the resources and equipment available for speedy removal.

Statutory/Other Authority: ORS 184 & 366
Statutes/Other Implemented: ORS 366.445 & 810.030
History:
2HD 11-1981, f. & ef. 10-2-81

734-020-0147
Disabled, Abandoned, and Otherwise Unattended Vehicles on State Highways Constituting Hazards or Obstructions to Motor Vehicle Traffic

(1) As used in this rule, the following definitions apply:

(a) “Freeway” means a highway for through traffic; access to the highway is fully controlled except as may be allowed at designated interchanges;

(b) “Expressway” means a highway for through traffic where access to the highway is partially controlled;

(c) “Interstate” means the National System of Interstate and Defense Highways that are marked with the distinctive red/white/ blue route shields; and

(d) “State Highway” means the public way for vehicular travel that is under the jurisdiction of the Oregon Department of Transportation, including the Interstate system.

(2) Pursuant to ORS 819.120, a vehicle that is disabled, abandoned, parked or left standing unattended on a state highway constitutes a hazard or obstruction to motor vehicle traffic and may be taken into immediate custody and removed by an appropriate authority as defined in ORS 819.140, when such vehicle meets any of the following criteria:

(a) Any vehicle, any part of which is on or extends within the travel portion of any state highway as identified by painted edge lines, or when there are no edge lines, other clear delineation of the travel portion from the highway shoulder;

(b) Any vehicle, any part of which is on or extends onto the inside or median paved shoulder (i.e., next to the high speed lane) of a freeway; or

(c) Any vehicle, any part of which is on or extends within a paved shoulder of:

(A) Any freeway or expressway within the city limits of any city in this state during the hours of 5 a.m. to 9 a.m. and 2:30 p.m. to 7 p.m. local time if the vehicle has a gross vehicle weight of more than 26,000 pounds;

(B) Any freeway or expressway within the city limits of any city in this state at any time if the vehicle has a gross vehicle weight of 26,000 pounds or less;

(C) Any freeway or expressway within 1,000 lineal feet of a freeway exit or entrance ramp gore area (the area where the ramp first enters or leaves the freeway);

(D) Any freeway ramp;

(E) Any state highway during or into a period between sunset and sunrise; or

(F) Any state highway where the sight distance is limited to 500 feet or freeway where the sight distance is limited to 1,000 feet because of roadway horizontal or vertical curvature.

(d) Any vehicle, any part of which is on or extends within a bicycle lane, or within a bicycle path which is immediately adjacent to a state highway.

(3) Section (2) of this rule, except for subsection (2)(a) of this rule, does not apply to vehicles for which there is an indication that the vehicle’s position is temporary in nature, e.g., hazard flashers are operating, the hood of the vehicle is up, the vehicle engine remains running, or there is advance warning such as emergency flares or emergency signing in place. The indication of the vehicle’s position being temporary in nature may be overcome by the passage of time, or a change in the condition or appearance of the vehicle. Section (2) of this rule also does not apply to appropriately signed or indicated parking areas including scenic viewpoints, winter recreation parking areas, rest areas and other locations or to areas where traffic has been restricted by an appropriate authority because of a special event.

(4) Section (2) of this rule, defining a vehicle on a state highway which is a hazard or obstruction to motor vehicle traffic, is not intended to impose a legal obligation upon any appropriate authority to remove the vehicle from a state highway. Removal of a vehicle defined under this rule as constituting a hazard or obstruction to motor vehicle traffic may be accomplished by an appropriate authority consistent with law enforcement priorities and budgetary constraints on the appropriate authority.

Statutory/Other Authority: ORS 184.616, 184.619 & 819.120(9)
Statutes/Other Implemented: ORS 819.120
History:
HWD 7-2008, f. & cert. ef. 8-26-08
HWY 2-1997, f. & cert. ef. 3-24-97
HWY 3-1987, f. & ef. 4-17-87
2HD 5-1986, f. & ef. 7-28-86

734-020-0148
Disabled, Abandoned, and Otherwise Unattended Vehicle Tow Hearing Process

If a vehicle has been taken into custody by The Oregon Department of Transportation (department) in accordance with ORS 819.110 or 819.120, the department shall provide written notice to the owner of the vehicle in accordance with ORS 819.170 or 819.180. The vehicle owner(s), person entitled to possession or any person with an interest recorded on the title of the vehicle, may request a hearing in writing, which must be received by the department at the address identified in the notice, within 5 days (Saturdays, Sundays, and holidays excluded) from the date of the posting or mailing of the notice, to contest the validity of the towing and custody of the vehicle, and subject to subsection 7 below, the reasonableness of the charges for towing and storage. The hearing shall comply with all of the following:

(1) The department shall set a time for the hearing within 72 hours of the receipt of the request and shall provide notice of the hearing to the person requesting the hearing and to the owner(s) of the vehicle, and any lessors or security interest holders shown in the department records. The 72 hour period of time does not include Saturdays, Sundays, or Holidays.

(2) Actions taken by department, including conducting the hearing, are not subject to ORS chapter 183; and are therefore, not subject to the Administrative Procedures Act and the hearings are not conducted by the Office of Administrative Hearings.

(3) The department District Manager for the district within which the tow occurred is hereby designated to act as the department’s hearings officer. In the event the District Manager is unable or unavailable to conduct the hearing, a department employee shall be designated by the District Manager to act as hearings officer.

(4) The hearing shall be conducted via telephone unless the person requesting the hearing requests other accommodations with justification for the request in which case the hearing shall be held at the District Manager’s or the designee’s office.

(5) If the District Manager, or designee, determines the towing of the vehicle was invalid, the vehicle shall be immediately released upon payment by the department of the towing and storage fees, which shall occur as quickly as reasonably possible. The person to whom the vehicle is released is not liable for any towing or storage charges. If the towing and storage fee has already been paid, the department shall reimburse the person who paid the fee for the charges upon presentation of satisfactory proof of payment.

(6) If the District Manager, or designee, determines the custody and towing of the vehicle was valid, the department shall order the vehicle to be held in custody until the costs of the hearing and all towing and storage costs are paid by the party claiming the vehicle.

(7) If the person requesting the hearing contests the reasonableness of the charges for towing and storage, the District Manager, or designee, shall consider such request only when the department has used its own personnel, equipment and facilities for the towing and storage of vehicles and shall provide a determination concerning the reasonableness of the department's charges in the written statement of the results of the hearing.

(8) The department shall only conduct one hearing for each vehicle custody and tow even if the person requesting the hearing, or any other interested party or witness fails to appear at the scheduled hearing unless the person provides reasons satisfactory to the District Manager or designee for such failure to appear.

(9) Hearings shall be informal in nature, and the presentation of evidence shall be consistent with the requirements of ORS 183.450.

(10) The District Manager, or designee, shall provide a written statement of the results of the hearing to the person requesting the hearing.

(11) The determination of a hearing is final and is not subject to appeal.

Statutory/Other Authority: ORS 184.616, 184.619, 819.120 & Ch. 371 OL 2009
Statutes/Other Implemented: ORS 819.110 - 819.215 & Ch. 371 OL 2009
History:
HWD 4-2010, f. & cert. ef. 5-18-10
HWD 1-2010(Temp), f & cert. ef. 1-28-10 thru 7-19-10

734-020-0150
Temporary Closure or Conditional Closure of Highways

(1) When weather conditions or road conditions constitute a danger of highway damage or a danger to the safety of the driving public, the Chief Engineer, Region Manager, or District District Manager or Assistant District Manager may prohibit the operation upon such highway or section of a highway of any or all vehicles, or any class or kind of vehicles.

(2) Such prohibition of vehicles may result in total closure or conditional closures of highways or highway sections. Conditional closures may, in the discretion of the Chief Engineer, Region Manager, District Manager or Assistant District Manager, include but not be limited to prohibition of the following classes or kinds of vehicles:

(a) Vehicles or combinations exceeding a specified gross weight;

(b) Vehicles in combinations exceeding a specified length;

(c) Vehicles and loads exceeding a specified height;

(d) Combinations of vehicles or vehicles pulling trailers; or

(e) Vehicles, or certain classes of vehicles or combinations without tire chains.

(3) Closures or conditional closures should be accomplished by physically barricading or blocking the highway, with placement of appropriate warning signs or devices, and where possible signing indicating conditional closure with types of vehicles allowed or prohibited. Department of Transportation employees may be stationed, when practical, at the barricade to offer information and assistance, and to enforce a conditional closure. Whenever possible, law enforcement agencies should be contacted and their assistance requested to aid in the enforcement of the closure or conditional closure.

(4) Road closures and conditional closures are to exist only on a temporary basis and should be removed as soon as road conditions or weather conditions permit, the hazard has been removed, and the danger to the highway or the driving public no longer exists.

Statutory/Other Authority: ORS 184.619 & 810.030
Statutes/Other Implemented: ORS 810.030
History:
Reverted to 2HD 1-1983, f. & ef. 1-7-83
HWY 2-1996(Temp), f. 3-7-96, cert. ef. 5-1-96
2HD 1-1983, f. & ef. 1-7-83

734-020-0200
Yield Signs Attached to Transit Buses

OAR 734-020-0200 through 734-020-0220 establish specifications for a yield sign to be attached to the back of transit buses as directed by ORS 811.167. The yield sign shall warn a person operating a vehicle approaching the rear of the transit bus that the person must yield when the transit bus in entering traffic.

Statutory/Other Authority: ORS 184.616, 184.619 & 811.167
Statutes/Other Implemented: ORS 811.167
History:
TO 3-1998, f. & cert. ef. 4-16-98

734-020-0210
Yield Sign Specifications for Transit Buses

The specifications for yield signs on transit buses as required by ORS 811.167 are as follows:

(1) The sign housing shall be of adequate size to accommodate the yield symbol.

(2) A flashing light shall internally illuminate the yield sign when the bus is signaling an intention to enter a traffic lane after stopping to receive or discharge passengers.

(3) When flashing the legend shall resemble a yield sign with a downward pointing, equilateral triangle having a red border band and the word “YIELD” in red inside the border band.

(4) The message shall flash at a rate between 30 and 80 flashes per minute.

(5) The sign shall be designed to minimize the visibility of the message when not lighted.

(6) The background shall be flat black.

(7) The lettering shall be all capitols and a minimum of 1-11/16 inches tall.

(8) The equilateral triangle shall be a minimum of 6-3/4 inches tall.

(9) The sign shall have a minimum candlepower of 30 candela and provide uniform lighting throughout the lighted area.

(10) The size, shape and color shall be as provided in this rule and as shown in Exhibit 1.

[ED. NOTE: Exhibits referenced are available from the agency.]

Statutory/Other Authority: ORS 184.616, 184.619 & 811.167
Statutes/Other Implemented: ORS 811.167
History:
TO 3-1998, f. & cert. ef. 4-16-98

734-020-0220
Yield Sign Placement for Transit Buses

The yield sign shall be located on the rear of the bus, to the left of center and in the lower two-thirds. Preferably the yield sign would be located next to or near the left turn indicator lamp. If receiving or discharging passengers to the left side of the bus and entering traffic lanes to the right, the sign shall also be placed right of center in the lower two thirds, preferably next to or near the right turn indicator lamp. A transit agency may place a single sign near the center of the rear of the bus, in the lower two thirds of the bus, which would signal for right and left merges, instead of having two separate signs.

Statutory/Other Authority: ORS 184.616, 184.619 & 811.167
Statutes/Other Implemented: ORS 811.167
History:
HWD 5-2005, f. & cert. ef. 6-16-05
TO 3-1998, f. & cert. ef. 4-16-98

734-020-0300
Standards for Installation, Operation and Use of Traffic Control Signal Operating Devices

The Department of Transportation is responsible for establishing standards for signal preemption devices and the use of traffic control signal operating devices for use upon the highways within the state. The Department is also responsible for establishing priorities among authorized operators of traffic control signal operating devices. Authorized operators include operators of emergency vehicles, buses and traffic signal maintenance vehicles. These standards consider safety, the efficiency and response times of emergency response operations, requirements for traffic signal maintenance, the efficiency of public transit operations and traffic flow. OAR 734-020-0300 through 734-020-0330 do not apply to rail vehicles.

Statutory/Other Authority: ORS 184.616, 184.619 & 810.260
Statutes/Other Implemented: ORS 810.260, 815.440 & 815.445
History:
TO 4-1998, f. & cert. ef. 4-16-98

734-020-0310
Definitions for Traffic Control Signal Operating Devices

For the purposes of OAR 734-020-0300 through 734-020-0330, the following definitions apply:

(1) “Authorized user” or “user” means an emergency vehicle, a bus or a traffic signal maintenance vehicle that is equipped with a traffic control signal operating device and operated by a driver who has been trained in the proper use of a traffic control signal operating device as established by OAR 734-020-0330 and is operating an approved system.

(2) “Bus” is as defined in ORS 184.675. Only buses with pneumatic tires are subject to OAR 734-020-0300 through 734-020-0330.

(3) “Bus priority system” is a traffic control signal system that includes a traffic control signal operating device and signal preemption device designated to provide buses the capability to modify the green intervals but not the display sequence of a traffic control signal. The system can be implemented for an intersection, an arterial corridor or a defined geographic area.

(4) “Emergency preemption system” is a traffic control signal system that includes a traffic control signal operating device and signal preemption device for the purpose of providing emergency vehicles the capability to modify the green intervals of a traffic control signal or change the display sequence. The system can be implemented for an intersection, an arterial corridor or a defined geographic area.

(5) “Emergency vehicle” is as defined in ORS 801.260.

(6) “Fire emergency vehicle” is an emergency vehicle operated by a public fire agency.

(7) “Signal preemption device” means traffic control signal equipment that reacts to a traffic control signal operating device and produces signal preemption and/or signal priority. A signal preemption device may respond to a single activation or may respond in recognition of priorities assigned to different users.

(8) “Traffic control signal” means a type of highway traffic signal by which traffic is alternately directed to stop and permitted to proceed.

(9) “Traffic control signal operating device” means any active or passive device that is affixed to, or carried within, a vehicle that causes a change in the operation of a traffic control signal located at an intersection.

(10) “Traffic control signal owners” means the road authority that owns the traffic control signal.

(11) “Traffic control signal operators” or “operator” means an entity other than the owner that operates or maintains the traffic control signal for the owner.

(12) “Traffic signal maintenance vehicle” means a vehicle used to maintain traffic control signals.

Statutory/Other Authority: ORS 184.616, 184.619 & 810.260
Statutes/Other Implemented: ORS 810.260, 815.440 & 815.445
History:
HWD 9-2010, f. & cert. ef. 8-27-10
TO 4-1998, f. & cert. ef. 4-16-98

734-020-0320
Standards for Installation and Operation of Emergency Preemption and Bus Priority Systems

(1) The traffic control signal owner is responsible for the installation, operation and maintenance of signal preemption devices unless otherwise agreed to by a traffic control signal owner and a traffic control signal operator.

(2) The traffic control signal owner or operator may install signal preemption devices to control signal operations at specific intersections, for arterial corridors or for defined geographic areas.

(3) The emergency preemption and bus priority system approval authority and process is as follows:

(a) The traffic control signal owner has approval authority for emergency preemption systems. Entities operating emergency vehicles must make a written request to the traffic control signal owner for authorization to use a traffic control signal operating device. If this is an additional use, the incremental cost, if any, shall be allocated to the additional users;

(b) The traffic control signal owner has approval authority for bus priority systems. The traffic control signal owner and transit authority shall sign an agreement that covers cost, installation, operation, maintenance and use. If this is an additional use, the incremental cost, if any, shall be allocated to the additional users; and

(c) No emergency preemption system or bus priority system shall be installed until an engineering study has been approved by the traffic control signal owner. The study should consider the needs of the road authority; local transportation plans; and the impact on safety, the efficiency and response times of emergency response operations and traffic flow. If a bus priority system is being considered, the engineering study must also consider the impact on the efficiency of public transit operations.

(4)(a) The traffic control signal owners and operators will operate the preemption system giving the priority established by OAR 734-020-0330 unless they enter into a signed Memorandum of Understanding with authorized users that documents the following:

(A) Agreement on the use and operation of the emergency preemption system by authorized users and the traffic control signal systems owners and operators. Agreement can include any concessions or operational adjustments including but not limited to addressing the weight, operating speed, and braking distance of vehicles, corridor congestion impacts, or assigning multiple priorities to different classes or types of emergency vehicles.

(B) When considering assigning multiple priorities for emergency vehicles, entities using emergency vehicles and traffic control signal system owners and operators will address allocating additional costs to users and the signal system owners and operators.

(b) New authorized users wanting to operate within the emergency preemption system agreed upon and documented within a signed Memorandum of Understanding must do so within the bounds of the Memorandum unless the traffic signal owner agrees to reopen the Memorandum.

(5) Operating requirements for signal preemption devices and traffic control signal operating devices are as follows:

(a) All signal preemption devices and traffic control signal operating devices shall be tested by the Oregon Department of Transportation and approved for use;

(b) Where multiple users of traffic control signal operating devices are authorized, the signal preemption device shall recognize and respond to the priority of each user as established by OAR 734-020-0330;

(c) Actuation of a bus priority system is available only if the system has not been preempted by an emergency vehicle call. Bus priority operation will be immediately canceled when an emergency preemption call is received;

(d) A traffic control signal operating device shall not continue to control the traffic control signal once the vehicle has entered the intersection or if a vehicle remains stationary for more than two minutes; and

(e) Neither emergency preemption nor bus priority shall terminate an active pedestrian or vehicular clearance interval.

(f) Entities operating emergency vehicles will provide training for all drivers in the operation and limitations of emergency preemption systems.

(g) Lights and sirens on emergency vehicles must be activated when the traffic control signal operating device is activated.

(h) Traffic control signal operating devices shall be deactivated when the emergency vehicle’s transmission is set in park or the parking brake is engaged.

Statutory/Other Authority: ORS 184.616, 184.619 & 810.260
Statutes/Other Implemented: ORS 810.260, 815.440 & 815.445
History:
HWD 9-2010, f. & cert. ef. 8-27-10
TO 4-1998, f. & cert. ef. 4-16-98

734-020-0330
Standards for Use of Traffic Control Signal Operating Devices

(1) Only authorized users may use a traffic control signal operating device:

(a) Emergency vehicles may use an authorized emergency preemption system;

(b) Buses may use an authorized bus priority system. Use must be according to the signed agreement described in OAR 734-020-0320(3)(b); and

(c) Traffic signal maintenance vehicles may use traffic control signal operating devices to test and maintain emergency preemption systems or bus priority systems.

(2) Priority for the actuation of emergency preemption and bus priority systems is as follows:

(a) First priority will be given to emergency vehicles. Authorized users and the traffic control signal system owners and operators may agree as described in OAR 734-020-0320 to assign multiple priorities for emergency vehicles, by type or class within their service areas.

(b) Secondary priority will be given to buses authorized to use a bus priority system.

Statutory/Other Authority: ORS 184.616, 184.619 & 810.260
Statutes/Other Implemented: ORS 810.260, 815.440 & 815.445
History:
HWD 9-2010, f. & cert. ef. 8-27-10
TO 4-1998, f. & cert. ef. 4-16-98

734-020-0400
Traffic Signal Approval Process

The purpose of OAR 734-020-0400 through 734-020-0500 is to establish the approval process for installation, modification, or removal of traffic signals under the authority of the Oregon Department of Transportation.

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
HWD 5-2012, f. & cert. ef. 3-26-12
TO 5-1999, f. & cert. ef. 12-17-99

734-020-0410
Authority to place Traffic Control Devices

OAR 734-020-0400 through 734-020-0500 are adopted pursuant to ORS 184.616, 184.619 and 810.210. The Oregon Transportation Commission has authority to place, maintain and operate traffic control devices on state highways. By this rule, the Oregon Transportation Commission delegates to the State Traffic Engineer the authority to approve the installation of traffic control devices on state highways.

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
TO 5-1999, f. & cert. ef. 12-17-99

734-020-0420
Definitions for Traffic Signal Approval Process

For the purposes of OAR 734-020-0400 through 734-020-0500, the following definitions apply:

(1) “Approach” means all lanes of traffic moving toward an intersection or a mid-block location from one direction.

(2) “MUTCD” means the Manual on Uniform Traffic Control Devices as adopted by OAR 734-020-0005.

(3) “Private approach “ means a private roadway or connection that is legally constructed and recognized by the Department in accordance with OAR 734-051.

(4) “Public road” means a public roadway, or similar facility under the jurisdiction of a public entity and open to public travel.

(5) “Roadway improvement project” means a major construction, reconstruction or realignment of a section of state highway.

(6) “State Highway System” means the group of roads and highways, so designated by law or by the Oregon Transportation Commission pursuant to ORS 366.220.

(7) “Traffic signal” means any highway traffic signal by which traffic is alternately directed to stop and permitted to proceed.

(8) “Engineering study” is a documented comprehensive analysis and evaluation of available pertinent information, and the application of appropriate principles, standards, guidance, and practices as contained in the MUTCD and other sources, for the purposes of deciding upon the applicability, design, operation, or installation of a traffic control device.

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
HWD 5-2012, f. & cert. ef. 3-26-12
TO 5-1999, f. & cert. ef. 12-17-99

734-020-0430
Traffic Signal Approval

(1) No traffic signal shall be designed for, or constructed on, the State Highway System, regardless of the funding source, without the prior approval of the State Traffic/Roadway Engineer (STRE).

(2) Regardless of any ODOT approved documents, such as land use documents, transportation system plans, corridor plans or other agreements a traffic signal shall not be designed or constructed unless first approved by the STRE.

(3) An engineering study is required for approval. The study shall indicate the need for the traffic signal and demonstrate that the installation of a traffic signal would improve the overall safety and operation of the intersection.

(4) Intersections shall meet MUTCD traffic signal warrants, unless the STRE finds special conditions documented in the engineering study where no existing warrant is applicable.

(5) Traffic signal warrants should be met within three years after construction when a traffic signal is constructed as part of a roadway improvement project.

(6) Traffic signal warrants should be met on day of opening to accommodate additional traffic from a public or private development. The traffic signal shall not be turned-on more than one month in advance of day of opening.

(7) If traffic signal is not advanced to construction within five years the STRE traffic signal approval is automatically rescinded.

(8) For private approaches, assess the ability of the existing, planned, and proposed public roads to accommodate the traffic at another location.

(9) The STRE traffic signal approval does not assure the eventual design, installation, or operation of a traffic signal.

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
HWD 5-2012, f. & cert. ef. 3-26-12
HWD 6-2005, f. & cert. ef. 7-22-05
TO 5-1999, f. & cert. ef. 12-17-99

734-020-0470
Traffic Signal Spacing Requirement

The desirable spacing of signalized intersections on statewide and regional highways is 1/2 mile. The STRE may approve the installation of a traffic signal at locations where 1/2-mile spacing is inappropriate or infeasible due to:

(1) Topography;

(2) Existing or proposed road layout;

(3) Identified traffic crash pattern;

(4) Unique physical constraints; or

(5) Existing or proposed land use patterns.

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
HWD 5-2012, f. & cert. ef. 3-26-12
TO 5-1999, f. & cert. ef. 12-17-99

734-020-0480
Traffic Signal Progression Analysis for Traffic Signal Approval

(1) A traffic signal progression analysis is required for both existing and future conditions when a proposed traffic signal location is within one half mile of any existing or proposed new traffic signal. The STRE may require traffic signal progression analysis for spacing greater than one half mile.

(2) A traffic signal progression analysis for all new or modified approaches at traffic signals on state highways may be required for both existing and future conditions.

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
HWD 5-2012, f. & cert. ef. 3-26-12
TO 5-1999, f. & cert. ef. 12-17-99

734-020-0485
Design Standards for Installation or Modification of a Traffic Signal

The following design standards apply to new, replaced, or significantly modified signal installations:

(1) The traffic signal design plans shall conform to the conditions listed in the STRE traffic signal approval.

(2) All approaches to a traffic signal controlled intersection shall be signalized.

(3) Design geometry of a private approach shall be consistent with that of public road intersections including curbs, appropriate lane widths, pavement markings, and vertical alignment.

Statutory/Other Authority: ORS 184.616, 184.619 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
HWD 5-2012, f. & cert. ef. 3-26-12

734-020-0490
Conditions of Approval

The following conditions apply when installation of a traffic signal has been approved:

(1) A traffic signal warrant shall be met within three years after construction when a traffic signal is constructed as part of a roadway improvement project.

(2) A traffic signal warrant shall be met within one month after the traffic signal is put into operation when a traffic signal is being constructed to accommodate additional traffic from a public or private development. If it is projected that a warrant will be met at a later time, operation of the traffic signal should be correspondingly delayed.

(3) All approaches to a traffic signal controlled intersection must be signalized, unless a traffic engineering investigation shows that signalizing a minor public or private road is not justified.

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
TO 5-1999, f. & cert. ef. 12-17-99

734-020-0500
Removal of Traffic Signals

An existing traffic signal may be removed if MUTCD traffic signal warrants are no longer met or a proposed change in geometry or traffic flow pattern will eliminate the need for the traffic signal. No traffic signal shall be removed from the State Highway System without prior approval of the STRE. A traffic control engineering study is required for approval, which shall include all of the following:

(1) A comprehensive investigation of traffic and safety conditions.

(2) Assessment of needs of the local community.

(3) Public opinion considerations.

Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200
Statutes/Other Implemented: ORS 810.200 & 810.210
History:
HWD 5-2012, f. & cert. ef. 3-26-12
TO 5-1999, f. & cert. ef. 12-17-99