OREGON E LAW

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    HIGHWAY WORKER, FAIL TO YIELD
          811.233 Failure to yield right of way to highway worker; penalty. (1) A person commits the offense of failure to yield the right of way to a highway worker who is a pedestrian if the person is operating a motor vehicle in a highway work zone and does not yield the right of way to a highway worker who is a pedestrian.
          (2) The provisions of ORS 814.040 and 814.070 regarding pedestrians do not apply to pedestrians described in subsection (1) of this section.
          (3) The offense described in this section, failure to yield the right of way to a highway worker who is a pedestrian, is a Class B traffic violation.

          814.040 Failure to yield to vehicle; penalty. (1) A pedestrian commits the offense of pedestrian failure to yield to a vehicle if the pedestrian does any of the following:
          (a) Suddenly leaves a curb or other place of safety and moves into the path of a vehicle that is so close as to constitute an immediate hazard.
          (b) Fails to yield the right of way to a vehicle upon a roadway when the pedestrian is crossing the roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection.
          (c) Except as otherwise provided under the vehicle code, fails to yield the right of way to all vehicles upon the roadway.
          (2) The offense described in this section, pedestrian failure to yield to a vehicle, is a Class D traffic violation.

    REFERENCE

          814.070 Improper position upon or improperly proceeding along highway; exception; penalty. (1) A pedestrian commits the offense of pedestrian with improper position upon or improperly proceeding along a highway if the pedestrian does any of the following:
          (a) Takes a position upon or proceeds along and upon the roadway where there is an adjacent usable sidewalk or shoulder.
          (b) Does not take a position upon or proceed along and upon the shoulder, as far as practicable from the roadway edge, on a highway that has an adjacent shoulder area on one or both sides.
          (c) Except in the case of the divided highway, does not take a position upon or proceed along and upon the left shoulder and as far as practicable from the roadway edge on a two-way highway that has no sidewalk and that does have an adjacent shoulder area. This paragraph does not apply to:
          (A) A hitchhiker who takes a position upon or proceeds along and upon the right shoulder so long as the hitchhiker does so facing the vehicles using the adjacent lane of the roadway; or
          (B) A member of a group that has adopted that section of highway under the provisions of ORS 366.158 who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.
          (d) Does not take a position upon or proceed along and upon the right highway shoulder, as far as practicable from the roadway edge, on a divided highway that has no sidewalk and does have a shoulder area. This paragraph does not apply to a member of a group that has adopted that section of highway under the provisions of ORS 366.158 who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.
          (e) Fails to take a position upon or proceed along and upon a highway that has neither sidewalk nor shoulder available, as near as practicable to an outside edge of the roadway, and, if the roadway is a two-way roadway, only on the left side of it.
          (2) This section is subject to the provisions of ORS 814.100.
          (3) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway if the pedestrian:
          (a) Does not impede traffic or create a traffic hazard;
          (b) Posts advance warning signs in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200;
          (c) Wears high-visibility safety apparel in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200; and
          (d) Has a permit or belongs to a group that has a permit issued under ORS 814.072.
          (4) The offense described in this section, pedestrian with improper position upon or improperly proceeding along a highway, is a Class D traffic violation. [
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