The City of Portland is Setting up Fixed Photo Radar
Fixed photo radar is almost ready in Portland. The City is in the process of putting up fixed photo radar on SW Beaverton-Hillsdale Hwy near SW 39th.
I drove by there today and took a video of the locations where the cameras are begin installed. The work is being done in the areas with the cones on the side of the road.
[quote align=”justify” color=”#999999″]
As used in this section, “urban high crash corridor” means a segment of highway that has an incidence rate of reported traffic crashes resulting in fatalities or serious injuries that is at least 25 percent higher than the rate for highways with the same speed limit or designated speed within the jurisdiction on average between January 1, 2006, and January 1, 2016, and for which the governing body of the city makes a finding that speeding has had a negative impact on traffic safety.
(2) Notwithstanding ORS 810.438, the City of Portland may, at its own cost, operate a fixed photo radar system on urban high crash corridors.
(3) A fixed photo radar unit operated under this section:
(a) May not be used on controlled access highways.
(b) May not be used unless a sign is posted announcing “Traffic Laws Photo Enforced.” The sign posted under this paragraph must:
(A) Be on the street on which the fixed photo radar unit is being operated;
(B) Be between 100 and 400 yards before the location of the fixed photo radar unit;
(C) Be at least two feet above ground level;
(D) Provide drivers with information about the driver’s current rate of speed; and
(E) Conform with specifications for traffic control devices approved by the Oregon Transportation Commission under ORS 810.200.
(c) Must remain in the same location for at least 180 days[/quote]
What’re The Problems?
I see a couple of problems with this new fixed photo radar setup.
First, the City Council of Portland has, to my knowledge, never made any findings that any specific road is a place where speed has had a negative impact on traffic safety. That’s a failure under section 1 of the statute.
Other cities know how to do this. Milwaukie has a periodically changing list of places they have authorized photo radar. Beaverton has a long laundry list of places. In both cities, the City Council has approved resolutions identifying these streets as “places where speed has had a negative impact on traffic safety.” To my knowledge, the Portland City Council has never specifically identified any street, instead punting to other departments or bureaus to make the determination.
Second, the current sign setup is missing the speed display. The warning sign reading “traffic laws photo enforced” must be combined with a display that shows the vehicle’s current speed. Neither setup had a speed display installed but it looked like installation work hadn’t been completed yet. However, one of the warnings signs Portland has installed is part of a street name sign — it would be difficult or impossible to incorporate a speed display with that sign.
By the terms of the statute, the sign that reads “traffic laws photo enforced” must display the speed. It can’t simply be nearby or on a separate pole, etc. etc. They must be one unit.
Finally, the current signs are already out of compliance. The current signs are white rectangles with the words “Traffic Laws Photo Enforced.” However, under subsection (E), the signs must comply with Oregon specifications under ORS 810.200.
Oregon has adopted the Oregon Manual on Uniform Traffic Control Devices and the 2009 Manual on Uniform Traffic Control Devices. These two documents must be read together. The State rule is that an R10-18 sign must be installed 100-400 yards before the photo radar unit and at the city limits on all major routes entering the jurisdiction. The R10-18 sign is a picture of a flashing camera and the words “Traffic Laws Photo Enforced.” The City, by choosing to install a text-only version of the sign is already out of compliance with the statute.
Why Does It Matter?
Compliance with the statute is binary: Either the City is in compliance or it is not. If it is not, then it is not legally authorized to issue photos through the fixed photo radar system.
What to do if you get a Fixed Photo Radar Ticket?
Get an attorney. An attorney is going to give you the best chance to keep the ticket off your record. We’d love to help you out with your case; give us a call to see what we can do!