(1) As used in ORS 811.230, 811.231, 811.232 and 811.233:
(a) “Flagger” means a person who controls the movement of vehicular traffic through construction projects using sign, hand or flag signals.
(b) “Highway work zone” means an area identified by advance warning where road construction, repair or maintenance work is being done by highway workers on or adjacent to a highway, regardless of whether or not highway workers are actually present. As used in this paragraph, “road construction, repair or maintenance work” includes, but is not limited to, the setting up and dismantling of advance warning systems.
(c) “Highway worker” means an employee of a government agency, private contractor or utility company working in a highway work zone.
(2)(a) The base fine amount for a person charged with an offense that is listed in subsection (3)(a) or (b) of this section and that is committed in a highway work zone shall be the amount established under ORS 153.125 to 153.145 based on the foundation amount calculated under ORS 153.131. The minimum fine for a person convicted of an offense that is listed in subsection (3)(a) or (b) of this section and that is committed in a highway work zone is the base fine amount so calculated.
(b) The minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a highway work zone is 20 percent of the maximum fine established for the offense.
(c) The minimum fine for a person convicted of a felony offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a highway work zone is two percent of the maximum fine established for the offense.
(3) This section applies to the following offenses if committed in a highway work zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding a legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as defined in ORS 813.010.
(e) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in ORS 811.182.
(g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.
(4) A court shall not waive, reduce or suspend the base fine amount or minimum fine required by this section.
(5) When a highway work zone is created, the agency, contractor or company responsible for the work may post signs designed to give motorists notice of the provisions of this section. [1995 c.253 §2; 1997 c.843 §3; 1999 c.1051 §292]
Section: Previous 811.200 811.205 811.207 811.210 811.215 811.220 811.225 811.230 811.231 811.232 811.233 811.235 811.250 811.255 811.260 NextLast modified: August 7, 2008