Provides that a person shall receive a written warning for a first offense of speeding or running a red light if the conduct was captured by photo radar or photo red light cameras.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2189
Sponsored by Representative RESCHKE (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act says that if a person speeds or runs a red light and is caught by a photo radar
or a photo red light camera, the person must get a warning and not a ticket. (Flesch Readability
Score: 64.5).
Provides that a person shall receive a written warning for a first offense of speeding or running
a red light if the conduct was captured by photo radar or photo red light cameras.
A BILL FOR AN ACT
Relating to traffic violations; creating new provisions; and amending ORS 810.436, 810.437 and
810.444.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 810.444, as amended by section 2, chapter 82, Oregon Laws 2024, is amended
to read:
810.444. (1) Notwithstanding any other provision of law, in a city operating a photo radar system
under ORS 810.438:
(a) A citation for speeding may be issued on the basis of photo radar if:
(A) A sign that provides drivers with information about the driver’s current rate of speed is
posted between 100 and 400 yards before the location of each photo radar unit;
(B) A police officer or a duly authorized traffic enforcement agent has reviewed the photo-
graphic evidence of the conduct; [ and]
(C) A police officer signs and issues the citation, except that a citation issued by the City of
Portland may be signed and issued by a duly authorized traffic enforcement agent or a police
officer[ .]; and
(D) A written warning has previously been issued to the person for speeding on the basis
of photo radar at the same location. A written warning must be issued within six business
days of the alleged violation.
(b) A rebuttable presumption exists that the registered owner of the vehicle was the driver of
the vehicle when the citation is issued and delivered as provided in subsection (2) of this section.
(c) An individual issued a citation under this subsection may respond to the citation by sub-
mitting a certificate of innocence under subsection (3)(a) of this section or may make any other re-
sponse allowed by law.
(d) A business or public agency issued a citation under this subsection may respond to the ci-
tation by submitting an affidavit of nonliability under subsection (3)(b) of this section or may make
any other response allowed by law.
(2) A citation issued on the basis of photo radar may be delivered by mail or otherwise to the
registered owner of the vehicle or to the driver. The citation may be prepared on a digital medium,
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3954
HB 2189
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and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.
(3)(a) An individual named as the registered owner of a vehicle in current records of the De-
partment of Transportation may respond by mail to a citation issued under subsection (1) of this
section by submitting a certificate of innocence within 30 days from the mailing of the citation
swearing or affirming that the registered owner was not the driver of the vehicle and by providing
a photocopy of the registered owner’s driver license. A city that receives a certificate of innocence
under this paragraph shall dismiss the citation without requiring a court appearance by the regis-
tered owner or any other information from the registered owner other than the swearing or affir-
mation and the photocopy. The citation may be reissued only once, only to the registered owner
and only if the city verifies that the registered owner appears to have been the driver at the time
of the violation. A registered owner may not submit a certificate of innocence in response to a re-
issued citation.
(b) If a business or public agency named as the registered owner of a vehicle in current records
of the Department of Transportation responds to a citation issued under subsection (1) of this sec-
tion by submitting an affidavit of nonliability within 30 days from the mailing of the citation stating
that at the time of the alleged speeding violation the vehicle was in the custody and control of an
employee, or was in the custody and control of a renter or lessee under the terms of a rental
agreement or lease, and if the business or public agency provides the driver license number, name
and address of the employee, renter or lessee, the citation shall be dismissed with respect to the
business or public agency. The citation may then be issued and delivered by mail or otherwise to
the employee, renter or lessee identified in the affidavit of nonliability.
(4) If the registered owner, employee, renter or lessee fails to respond to a citation issued under
this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice
has been given that the judgment will be entered.
(5) The penalties for and all consequences of a speeding violation initiated by the use of photo
radar are the same as for a speeding violation initiated by any other means.
(6) A registered owner, employee, renter or lessee against whom a judgment for failure to appear
is entered may move the court to relieve the registered owner, employee, renter or lessee from the
judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence,
surprise or excusable neglect.
(7) As used in this section:
(a)(A) “Duly authorized traffic enforcement agent” means an individual who:
(i) Is employed, appointed and duly sworn in by the governing body of the incorporated city in
which the agent performs the agent’s duties; and
(ii) Has completed all necessary technical, administrative and other training to:
(I) Review photographs under this section; and
(II) Issue and sign citations under this section, if employed by the City of Portland.
(B) Duly authorized traffic enforcement agents are not police officers.
(b) “Police officer” includes “reserve officers” as defined in ORS 133.005.
SECTION 2.
ORS 810.436 is amended to read:
810.436. (1) Notwithstanding any other provision of law, if a city chooses to operate a camera
that complies with this section and ORS 810.434, a citation for violation of ORS 811.265 may be is-
sued on the basis of photographs from a camera taken without the presence of a police officer if the
following conditions are met:
(a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indi-
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cating that compliance with traffic control devices is enforced through cameras.
(b) For each traffic control device at which a camera is installed, signs indicating that a camera
may be in operation at the device are posted before the device at a location near the device.
(c) If the traffic control device is a traffic light, the yellow light shows for at least the length
of time recommended by the standard set by the Institute of Transportation Engineers.
(d) The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable,
within 10 business days of the alleged violation.
(e) The registered owner is given 30 days from the date the citation is mailed to respond to the
citation.
(f) A police officer or a duly authorized traffic enforcement agent who has reviewed the photo-
graph signs the citation. The citation may be prepared on a digital medium, and the signature may
be electronic in accordance with the provisions of ORS 84.001 to 84.061.
(g) A written warning has previously been issued to the person for violating ORS 811.265
at the same location. A written warning must be issued within six business days of the al-
leged violation.
(2) Notwithstanding subsection (1) of this section, if the city issues a citation under ORS 810.437
for exceeding the speed limit under ORS 811.111 or designated speed posted under ORS 810.180 by
11 to 20 miles per hour, the city may not issue a citation under this section for violation of ORS
811.265 arising out of the same criminal episode, as defined in ORS 131.505.
(3) If the person named as the registered owner of a vehicle in the current records of the De-
partment of Transportation fails to respond to a citation issued under subsection (1) of this section,
a default judgment under ORS 153.102 may be entered for failure to appear after notice has been
given that the judgment will be entered.
(4) A rebuttable presumption exists that the registered owner of the vehicle was the driver of
the vehicle when the citation was issued and delivered as provided in this section.
(5) A person issued a citation under subsection (1) of this section may respond to the citation
by submitting a certificate of innocence or a certificate of nonliability under subsection (7) of this
section or any other response allowed by law.
(6) A citation for violation of ORS 811.265 issued on the basis of photographs from a camera
installed as provided in this section and ORS 810.434 may be delivered by mail or otherwise to the
registered owner of the vehicle or to the driver if the driver is identifiable from the photograph.
(7)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection
(1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of in-
nocence swearing or affirming that the owner was not the driver of the vehicle and by providing a
photocopy of the owner’s driver license. A jurisdiction that receives a certificate of innocence under
this paragraph shall dismiss the citation without requiring a court appearance by the registered
owner or any other information from the registered owner other than the swearing or affirmation
and the photocopy. The citation may be reissued only once, only to the registered owner and only
if the jurisdiction verifies that the registered owner appears to have been the driver at the time of
the violation. A registered owner may not submit a certificate of innocence in response to a reissued
citation.
(b) If a business or public agency responds to a citation issued under subsection (1) of this sec-
tion by submitting, within 30 days from the mailing of the citation, a certificate of nonliability
stating that at the time of the alleged violation the vehicle was in the custody and control of an
employee or was in the custody and control of a renter or lessee under the terms of a motor vehicle
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rental agreement or lease, and if the business or public agency provides the driver license number,
name and address of the employee, renter or lessee, the citation shall be dismissed with respect to
the business or public agency. The citation may then be reissued and delivered by mail or otherwise
to the employee, renter or lessee identified in the certificate of nonliability.
(8) The penalties for and all consequences of a violation of ORS 811.265 initiated by the use of
a camera installed as provided in this section and ORS 810.434 are the same as for a violation ini-
tiated by any other means.
(9) A registered owner or an employee, renter or lessee against whom a judgment for failure to
appear is entered may move the court to relieve the owner or the employee, renter or lessee from
the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence,
surprise or excusable neglect.
(10)(a) As used in this section, “duly authorized traffic enforcement agent” means an individual
who:
(A) Is employed, appointed and duly sworn in by the governing body of the incorporated city in
which the agent performs the agent’s duties; and
(B) Has completed all necessary technical, administrative and other training to review photo-
graphs and issue citations under this section.
(b) Duly authorized traffic enforcement agents are not police officers.
SECTION 3.
ORS 810.437 is amended to read:
810.437. (1) Notwithstanding any other provision of law, if a city chooses to operate cameras
that comply with this section and ORS 810.434, a citation for speeding may be issued on the basis
of photographs from a camera and other technology, including but not limited to sensors, that
measure the speed of a vehicle without the presence of a police officer if the following conditions
are met:
(a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indi-
cating that compliance with traffic laws is enforced through cameras and other technology.
(b) For each traffic control device at which a camera is installed, signs indicating that a camera
system may be in operation at the traffic control device are posted before the device at a location
near the device.
(c) The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable,
within 10 business days of the alleged violation.
(d) The registered owner is given 30 days from the date the citation is delivered to respond to
the citation.
(e) A police officer or a duly authorized traffic enforcement agent who has reviewed the photo-
graph and other data signs the citation. The citation may be prepared on a digital medium, and the
signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.
(f) The person exceeded the speed limit or designated speed by 11 miles per hour or greater.
(g) A written warning has previously been issued to the person for speeding at the same
location. A written warning must be issued within six business days of the alleged violation.
(2) If the person named as the registered owner of a vehicle in the current records of the De-
partment of Transportation fails to respond to a citation issued under subsection (1) of this section,
a default judgment under ORS 153.102 may be entered for failure to appear after notice has been
given that the judgment will be entered.
(3) A rebuttable presumption exists that the registered owner of the vehicle was the driver of
the vehicle when the citation was issued and delivered as provided in this section.
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(4) A person issued a citation under subsection (1) of this section may respond to the citation
by submitting a certificate of innocence or a certificate of nonliability under subsection (6) of this
section or any other response allowed by law.
(5) A citation issued under this section on the basis of photographs from a camera installed as
provided in this section and ORS 810.434 may be delivered by mail or otherwise to the registered
owner of the vehicle or to the driver if the driver is identifiable from the photograph.
(6)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection
(1) of this section by submitting, within 30 days from delivery of the citation, a certificate of inno-
cence swearing or affirming that the owner was not the driver of the vehicle and by providing a
photocopy of the owner’s driver license. A jurisdiction that receives a certificate of innocence under
this paragraph shall dismiss the citation without requiring a court appearance by the registered
owner or any other information from the registered owner other than the swearing or affirmation
and the photocopy. The citation may be reissued only once, only to the registered owner and only
if the jurisdiction verifies that the registered owner appears to have been the driver at the time of
the violation. A registered owner may not submit a certificate of innocence in response to a reissued
citation.
(b) If a business or public agency responds to a citation issued under subsection (1) of this sec-
tion by submitting, within 30 days from delivery of the citation, a certificate of nonliability stating
that at the time of the alleged violation the vehicle was in the custody and control of an employee
or was in the custody and control of a renter or lessee under the terms of a motor vehicle rental
agreement or lease, and if the business or public agency provides the driver license number, name
and address of the employee, renter or lessee, the citation shall be dismissed with respect to the
business or public agency. The citation may then be reissued and delivered by mail or otherwise to
the employee, renter or lessee identified in the certificate of nonliability.
(7) The penalties for and all consequences of a speeding violation initiated by the use of a
camera installed as provided in this section and ORS 810.434 are the same as for a violation initi-
ated by any other means.
(8) A registered owner or an employee, renter or lessee against whom a judgment for failure to
appear is entered may move the court to relieve the owner or the employee, renter or lessee from
the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence,
surprise or excusable neglect.
(9)(a) As used in this section, “duly authorized traffic enforcement agent” means an individual
who:
(A) Is employed, appointed and duly sworn in by the governing body of the incorporated city in
which the agent performs the agent’s duties; and
(B) Has completed all necessary technical, administrative and other training to review photo-
graphs and other data and issue citations under this section.
(b) Duly authorized traffic enforcement agents are not police officers.
SECTION 4.
The amendments to ORS 810.436, 810.437 and 810.444 by sections 1 to 3 of this
2025 Act apply to conduct alleged to constitute a traffic violation occurring on or after the
effective date of this 2025 Act.
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