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OR 811.147 "Move Over" Laws.

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J

Jhvh

Junior Member
What is the name of your state? Oregon

Driving home from night school, at approx. 10pm at night on I5 southbound, just south of downtown Portland in April. I passed a squad car with lights on, and a motorcycle policeman pulled over on the shoulder of the road. I was in the right-most lane, and slowed down to 45mph (I was looking right at the speedometer) and gave them plenty of room when I passed, but got pulled over and cited for the below. As far as I can tell it was a trap, and they were pulling everyone over that was in the right lane. (The cruiser sped past me in the left lane to pull over a white van while I was waiting for my citation.)

811.147 Failure to maintain safe distance from emergency vehicle or ambulance; penalty.
(1) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from an emergency vehicle or ambulance if the person approaches an emergency vehicle or ambulance that is stopped and is displaying required warning lights and the person:

(a) On a highway having two or more lanes for traffic in a single direction, fails to:

(A) Make a lane change to a lane not adjacent to that of the emergency vehicle or ambulance; or

(B) Reduce the speed of the motor vehicle, if making a lane change is unsafe.

(b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle.

(2) The offense described in this section, failure to maintain a safe distance from an emergency vehicle or ambulance, is a Class B traffic violation. [2003 c.42 §2]

Note: 811.147 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
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I don't specifically recall any traffic in the left lane behind, as it was dark, it had been a long day and I was distracted by the strobe lights. So, what makes a lane change considered unsafe?

Thanks in advance, my court date is tommorrow afternoon. :X
 
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T

The Occultist

Senior Member
What would make a lane change unsafe is if there was already a car where you were trying to go.:rolleyes:
It sounds to me like you are guilty.
 
C

cepe10

Member
i would certianly explain your side to the judge and ask for leniency - you seem to have obeyed the intent of the law by (1) slowing down and (2) giving them plenty of room.

if they were operating a trap and there was no emergency they certainly should be prosecuted themselves:)
 
C

cepe10

Member
Curt581 said:
No, he didn't. He's required to change lanes away, unless it is unsafe to do so. If he doesn't move, he's in violation.


Prosecuted for what?

Please show exactly where in the law is says that an actual "emergency" must exist.
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what is the true intent of the law then?

Is the intent of the law for emergencies? or just for LEO's to use for fun?

why don't you pull the stae codes yourself for when emergency beacons are too be used in OR? point to the place where the LEO can just use them if they feel like it, even when not responding to an emergency situation (that will be great for the doughnut runs).:)
 
L

LSCAP

Member
Tell the DA what happened, and that they were stopping other cars. I would also think you could call the local chief of police.

If the DA doesn't care, I would get a local lawyer, if you can afford it.

A co-worker got that kind of ticket and the pre-paid lawyer only stated he would get him a prayer for judgement. It would have cost him the lawyer's fee and the fine and court costs. So he explained in court without the lawyer, got a prayer for judgement and paid the fine and court costs.

The law is usually vague and doesn't stipulate that it has to be at the scene of a traffic stop or emergency.

In the local paper I read that there have already been some instances where they have proved the local officers were working it as a trap.

.
 
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