Oregon Law is Clear About Warning Drivers of Photo Radar
Oregon Law sets out the requirement for warnings signs at the borders of cities using photo radar:
[quote align=”center” color=”#999999″]ORS 810.439(1) sets out the pertinent prerequisites to the issuance of a violation on the basis of photo radar camera: “Notwithstanding any other provision of law, in the jurisdictions using photo radar: a citation for speeding may be issued on the basis of photo radar if the following conditions are met: … (D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction.”[/quote]
For years I’d been making the argument that, because Milwaukie didn’t have signs posted on 17th or on Johnson Creek, they couldn’t use photo radar:
[quote align=”center” color=”#999999″]
Here, the City is in violation of ORS 810.439 because no R10-18 signs are posted on Johnson Creek at the jurisdictional boundary where that route enters the city. Johnson Creek is a major route entering the jurisdiction of Milwaukie. There are no R10-18 signs posted on Johnson Creek at the jurisdictional boundaries. This is a clear violation of ORS 810.436.
The City may argue that placement of a signs elsewhere in the area is sufficient to meet the requirements of ORS 810.439. The City would be incorrect. ORS 810.439 requires warning signs at all points where a major route enters a jurisdiction using photo radar. The City’s compliance with ORS 810.439 is binary: it either is or is not in full compliance. Here, it is not in compliance.
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The City Is Installing Proper Signs
Milwaukie is now going through the process of installing proper signs. There are warning signs on Se McLoughin, SE 17th and, finally, on Johnson Creek. That’s a lot of the “major routes” entering town. Is it all of them? If not, this argument may still be alive and well. Contact me if you know of a “major route” entering Milwaukie that doesn’t have the proper signs.
It’s Still Worth Fighting Milwaukie Photo Radar Tickets
Just because milwaukie is finally getting in compliance with the Oregon legislature’s rules about photo radar doesn’t mean the tickets aren’t worth fighting. There are still plenty of issues to be raised: jurisdiction, if the speed limit being enforced is the actual speed limit and, like in recent case, the City may not prove all the elements of the violation.
Contact me today to discuss your case. I offer a phone or in-office consultation. Let’s see what we can do to keep your ticket off your record.