(1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following:

Terms Used In Oregon Statutes 811.100

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) The traffic.

(b) The surface and width of the highway.

(c) The hazard at intersections.

(d) Weather.

(e) Visibility.

(f) Any other conditions then existing.

(2) The following apply to the offense described in this section:

(a) The offense is as applicable on an alley as on any other highway.

(b) Speeds that are prima facie evidence of violation of this section are established by ORS § 811.105.

(c) This section and ORS § 811.105 establish limitation on speeds that are in addition to speed limits established in ORS § 811.111.

(3) Except as provided in subsection (4) of this section, violation of the basic speed rule by exceeding a designated speed posted under ORS § 810.180 is punishable as provided in ORS § 811.109.

(4) The offense described in this section, violating the basic speed rule, is a Class B traffic violation if the person drives a vehicle upon a highway at a speed that is not reasonable and prudent under the circumstances described in subsection (1) of this section even though the speed is lower than the appropriate speed specified in ORS § 811.105 as prima facie evidence of violation of the basic speed rule. [1983 c.338 § 563; 1987 c.887 § 9; 1989 c.592 § 4; 1991 c.728 § 5; 1999 c.1051 § 229; 2003 c.819 § 5]

 

  Previous section
Next section  
 Basic Rule Contents