justicedao/ipfs_state_laws huggingface dataset:
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
734-020-0150 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
734-020-0330 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