(1) A person commits the offense of failure of a slower driver to yield to overtaking vehicle if the person is driving a vehicle and the person fails to move the personís vehicle off the main traveled portion of the highway into an area sufficient for safe turnout when:
(a) The driver of the overtaken vehicle is proceeding at a speed less than a speed established in ORS 811.105 as prima facie evidence of violation of the basic speed rule;
(b) The driver of the overtaking vehicle is proceeding at a speed in conformity with ORS 811.105;
(c) The highway is a two directional, two-lane highway; and
(d) There is no clear lane for passing available to the driver of the overtaking vehicle.
(2) This section does not apply to the driver of a vehicle in a funeral procession.
(3) The offense described in this section, failure of a slower driver to yield to overtaking vehicle, is a Class B traffic violation. [1983 c.338 §640; 1991 c.482 §16; 1995 c.383 §68; 2001 c.104 §307; 2003 c.819 §15]
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Last modified: August 7, 2008