I-84 East Bound on-ramp at 60th AVe

Portland, OregonMay 29, 20031 Comments

This is a prime example of a speed trap. This is a poorly designed freeway onramp being exploited by the police department. The onramp is partially in a residential neighborhood(the poor design part), which you have to speed in towards the far end of the onramp, otherwise you will cause an accident merging into 55MPH freeway traffic, or be forced off the road. Police photo radar Van sits approx. 50~75yrds down the freeway onramp on the right hand side. They place a litte tiny sign on the ground saying photo radar is in use on the right hand curb as you round the corner onto the onramp. The problem is that you are looking left to the traffic on the freeway to merge, not to far ahead of you, and the photo radar is parked along the right side of the freeway onramp set to issue a citation if you are going, I think 11MPH over the speed limit. The posted speed is 25MPH . Several people at my work have been caught in this trap, as has others not from my work.

Comments:
This is not a speed trap IT IS AN ILLEGALLY POSTED SPEED LIMT!!! The 25 mph speed limit is illegally posted but I do not know if the City of Portland is aware of this. Here are the facts: The average daily traffic volume on Willow just east of 60th is appx. 6000 vehicles. About 5750 of these vehicles enter the on-ramp. The definition of an arterial according to the Oregon Vehicle Code is "a highway that is used primarily by through traffic" The definition of a highway is "every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right" THEREFORE, Willow between 60th and the on-ramp is an "arterial" (95% of the traffic on Willow is through traffic) regardless of what the City wants to call it. It functions as an arterial and should be classified as an arterial. Having said that, the vehicle code also says that the statutory speed limit in a residential district is 25 mph if the highway is not an arterial highway. And, since this road is an arterial based on the vehicle code's own definition of an arterial, then the City may not legally enforce the posted 25 mph speed limit without an engineering investigation which they do not have because they quote the statutory speed limit law of a residence district when justifying the posted 25 mph limit. By the way the Oregon Transportation Map that shows functional classification of the roads does not even show the on ramp at Willow. Bottom line, this road quacks like an arterial, walks like an arterial, and functions like an arterial, therefore it must be an arterial. Shame on Portland for not following the Laws printed in the Oregon Vehicle Code. The argument of the on-ramp alone is not enough in this case. I hope that everyone will use this argument when they challenge these tickets in court. Just plead not guilty and quote ORS 801.127 for the definition of an arterial and explain the road functions as an arterial regardless of what the city calls it (more than likely they will say it is a local road but that will not hold water becasue again 95% of the traffic is NOT local..it is thru traffic) Then quote ORS 811.111(1)(d)(D) for the "25 mph violation in a residence district except on an arterial" and in my opinion as a registered traffic engineer they have no leg to stand on, case closed. Its hard to jocky around truths in life.
#1Oct 29, 2011Report Abuse

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