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VIOLATON OF BASIC RULE
811.109 Penalties for speed violations. (1) Violation of a specific speed limit imposed under law or of a posted speed limit is punishable as follows:
(a) One to 10 miles per hour in excess of the speed limit is a Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the speed limit is a Class C traffic violation.
(c) 21 to 30 miles per hour in excess of the speed limit is a Class B traffic violation.
(d) Over 30 miles per hour in excess of the speed limit is a Class A traffic violation.
(2) Notwithstanding subsection (1) of this section, if the speed limit is 65 miles per hour or greater and:
(a) The person is exceeding the speed limit by 10 miles per hour or less, the offense is a Class C traffic violation.
(b) The person is exceeding the speed limit by more than 10 miles per hour but not more than 20 miles per hour, the offense is a Class B traffic violation.
(c) The person is exceeding the speed limit by more than 20 miles per hour, the offense is a Class A traffic violation.
(3) Violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 is punishable as follows:
(a) One to 10 miles per hour in excess of the designated speed is a Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the designated speed is a Class C traffic violation.
(c) 21 to 30 miles per hour in excess of the designated speed is a Class B traffic violation.
(d) Over 30 miles per hour in excess of the designated speed is a Class A traffic violation.
(4) In addition to a fine imposed under subsection (1), (2) or (3) of this section, a court may order a suspension of driving privileges for up to 30 days if a person exceeds a speed limit or designated speed by more than 30 miles per hour and the person has received at least one prior conviction under ORS 811.100 or 811.111 within 12 months of the date of the current offense.
(5) Notwithstanding subsections (1) to (3) of this section, if a person drives 100 miles per hour or greater when the person commits a violation described in this section, the person commits a specific fine traffic violation. The presumptive fine for a violation under this subsection is $1,150, and upon conviction the court shall order a suspension of driving privileges for not less than 30 days nor more than 90 days.
(6) When a court orders a suspension under subsection (4) or (5) of this section, the court shall prepare and send to the Department of Transportation an order of suspension of driving privileges of the person. Upon receipt of an order under this subsection, the department shall take action as directed under ORS 809.280.
811.100 Violation of basic speed rule; penalty. (1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following:
(a) The traffic.
(b) The surface and width of the highway.
(c) The hazard at intersections.
(d) Weather.
(e) Visibility.
(f) Any other conditions then existing.
(2) The following apply to the offense described in this section:
(a) The offense is as applicable on an alley as on any other highway.
(b) Speeds that are prima facie evidence of violation of this section are established by ORS 811.105.
(c) This section and ORS 811.105 establish limitation on speeds that are in addition to speed limits established in ORS 811.111.
(3) Except as provided in subsection (4) of this section, violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 is punishable as provided in ORS 811.109.
(4) The offense described in this section, violating the basic speed rule, is a Class B traffic violation if the person drives a vehicle upon a highway at a speed that is not reasonable and prudent under the circumstances described in subsection (1) of this section even though the speed is lower than the appropriate speed specified in ORS 811.105 as prima facie evidence of violation of the basic speed rule. [1983 c.338 §563; 1987 c.887 §9; 1989 c.592 §4; 1991 c.728 §5; 1999 c.1051 §229; 2003 c.819 §5]
811.105 Speeds that are evidence of basic rule violation. (1) Any speed in excess of a designated speed posted by authority granted under ORS 810.180 is prima facie evidence of violation of the basic speed rule under ORS 811.100.
(2) If no designated speed is posted by authority granted under ORS 810.180, any speed in excess of one of the following speeds is prima facie evidence of violation of the basic speed rule:
(a) Fifteen miles per hour when driving on an alley or a narrow residential roadway.
(b) Twenty miles per hour in a business district.
(c) Twenty-five miles per hour in any public park.
(d) Twenty-five miles per hour on a highway in a residence district if:
(A) The residence district is not located within a city; and
(B) The highway is neither an arterial nor a collector highway.
(e) Fifty-five miles per hour in locations not otherwise described in this section. [1983 c.338 §564; 1985 c.16 §286; 1987 c.887 §10; 1989 c.592 §5; 1995 c.558 §3; 1997 c.404 §5; 1997 c.438 §3; 2003 c.397 §6; 2003 c.819 §6; 2007 c.367 §3]
811.106 [1995 c.558 §2; 1997 c.682 §4; 2003 c.397 §7; 2003 c.819 §§7,7a,7b; renumbered 810.243 in 2011]
811.108 Relationship between speed limits and basic rule. (1) The speed limits established by ORS 811.111 do not authorize speeds higher than those required for compliance with the basic speed rule.
(2) The basic speed rule does not authorize speeds higher than those established as speed limits by