Portland’s New Fixed Photo Radar is Set Up Wrong

The New System Is Out Of Compliance

I recently wrote about Portland’s new fixed photo radar program that is being setup on SW Beaverton-Hillsdale Highway. When I first checked out the setup, the City hadn’t finalized the setup. Now, it looks like they have and it’s wrong. It’s hard to understand why the City is setting this up wrong from the very beginning — especially when getting it right is very easy.

The Signs are Wrong

The City is using text-only signs that say “Traffic Law Photos Enforced.” As discussed in my previous post, the City is required to use the officially approved signs –R10-18 signs – that include the image of a flashing camera. The City has elected to use signs that don’t comply with the law.

The Warning Sign and Speed Display Are Separate – That’s Wrong

The authorizing statute requires “a sign [to be] posted announcing ‘Traffic Laws Photo Enforced.'” The sign must “provide information about drivers about the driver’s current rate of speed.”

Here’s the warning sign:

20160804_163319

Note: it does not display driver speed.

20160804_164206Here is a display for driver speed which is further down the road. As noted, the statute requires the warning sign be with the speed display. The City chose not to follow the statute.

Here’s another view from farther back showing how the newly installed sign and display is already blocked by trees.20160804_164148

Here’s the new east-bound camera setup:

20160804_164233

The Warning Sign is Too Far from the Camera

Finally, here’s a measurement on google maps of the distance from the statutorily-incorrect sign to the new fixed photo radar cameras.

Southwest Portland - Google Maps - Google Chrome 842016 110510 PM.bmp

Note the distance is about 1,459 feet from warning sign to camera. 1,459 feet is 486 yards. By statute, the warning sign must be located with the speed display 100 to 400 yards before the camera. for whatever reason, the City has decided to make the initial setup in a way that violates 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!

By Blake Doré

I'm dedicated to your defense and I'm here to help. I've been a defense attorney for going on 4 years and have more than 80 jury trials under my belt. That's a wealth of experience that I can bring to your case and use to help you achieve the best possible outcome.