The southbound traffic camera system on North Albany Road in a file shot from June 22, 2025.
A new question has come up about the traffic cameras in the school zone on North Albany Road, which generated hundreds of speeding tickets in the last few weeks of the school year that ended on June 13.
Does the signage surrounding the cameras at Thornton Lake Drive meet the requirements of state law? The question came up during a discussion among city council members Wednesday night.
In 2024 the legislature passed House Bill 4109. Among other unrelated things concerning transportation, the bill says that “in a city operating a a photo radar system under ORS 810.438, a citation for speeding may be issued on the basis of photo radar if a sign that provides drivers with information about the driver’s current rate of speed is posted between 100 and 400 yards before the location of each photo radar unit.”
There are signs on North Albany Road. Two, one in each direction, warn that “photo enforcement” is in place. Two others designate the school zone speed limit of 20 mph. But none “provides drivers with information” about their “current rate of speed.”
Newton had borrowed a neighbor’s 100-yard tape and found that the southbound school zone sign was 65 feet from the camera, not at least 100 feet. But it’s not the school zone sign where distance matters. What seems to matter is that there’s no sign giving drivers information about their current speed.
ORS 810.438 also has another requirement. Of the sign warning about photo enforcement, the law says it must, “if posted in a school zone not otherwise marked by a flashing light used as a traffic control device, indicate that school is in session.”
There are no flashing lights on North Albany Road, and the city’s signage says nothing about whether school is in session. Newton and other council members have been asking that flashing lights be installed, but city officials have cited high costs and other complications.
If this statute, 810.438, applies to the camera system on North Albany Road, the signage requirements of the law have not been met.
But here’s the problem. The section on “photo radar,” which contains the current-speed sign distance and flashing light requirements, also refers to police officers operating radar guns out of marked police vehicles, which is not the case on North Albany Road.
There’s another section, ORS 810:437, that covers speed enforcement by red-light cameras. This law says only that photo enforcement signs have to be posted at major entrances to town and also “near” the cameras. It says nothing about flashing lights.
Why did Oregon lawmakers want to warn drivers that school is in session with flashing lights and current-speed signs only when an officer is present, but not when it’s just cameras looking to issue tickets? Well, who says laws have to be consistent or make sense? (hh)
In my humble non lawyer opinion, I think 810:438 applies. One problem is that we’ve already paid the fines. I’m doubting the beneficiary of those funds is easily going to part ways with the cash. The city may be exposing itself to a class action civil suit in which damages of much more than the tickets themselves would be sought. People may already be paying higher insurance premiums. There is also the cost of litigation etc etc. Got to hand it to Newton. Did she voteto take this action? Now running around with a tape measure, and she has a point, just does not know what it is, other than she’s up for election in the ward that includes North Albany, and people are not happy.
Same engineers as Talking Water garden also install camera? Nothing works it seems. We have to pay for so many mistakes one way or the other. This is unfair to residents. We should expect higher standard from city and tax dollars spent.
“There are no flashing lights on North Albany Road, and the city’s signage says nothing about whether school is in session. Newton and other council members have been asking that flashing lights be installed, but city officials have cited high costs and other complications.”
The above statement calls for total BS!
After reading several articles how much the city has accumulated in fines over the last few months of installing said cameras… putting flashing signs up saying school session times seems totally doable… and electronic speed notification signs for unknowing drivers of the area is well within their new piggy bank funds!
They are reaping money and don’t seem to be able to comply with their own ordinances… typical Albany logic!
Does the city not have attorneys to review council actions to ensure they are consistent with applicable codes and regulations???
In my opinion drivers are responsible for knowing their rate of speed, period.
The issue I have is how’s one supposed to know if school is in? NAES and NAMS have different schedules. It’s pretty easy to see a parent and their kids driving by and thinking school is out, to get nailed at 40-45 mph. I don’t live in the area but feel the city has a responsibility here. The city wants the cameras (I’m in favor as well) the public wants the school is in lights.
The responsibility SHOULD fall on the driver … signs are posted that it’s a school zone and speed limit is 20 mph. So many signs, so many distractions, so many other vehicles to watch out for … now you want to add more signage and more distraction!! Flashing light ok but still not necessary. To pass your drivers test, you study the book … 20 mph in posted school zones … in Albany, all school zones are posted! Why can’t people just take responsibility for their own actions!? Obey the law, bottom line!
Your comment is off the wall as drivers don’t want to drive 20 mph when school is not in session. If it costs $65,000 to install lights on North Albany road, I suggest they ask Jefferson High School what their lights cost and find the same contractor. With solar panels, the cost should be much less than they are telling the public.
Whose idea was to install the cameras
In the first place? The Mayor? One of the councilmen? A member of the city staff? Stand up and claim responsibility for what you’ve done.
Check out ORS 810.439. It talks about when citations are able to be issued based on photo radar. It reads like the photo radar must be operated by a uniformed police officer, among other requirements, in order for a citation to be issued. 810.438 says they can USE the photo radar system. 810.439 says what requirements have to be met in order to issue a citation based on said photo radar system
I don’t like the cameras but I do think we should follow the speed limit in school zones during school hours. However who is too know when school is in session besides a parent whose child is attending school at said location? They are holidays, furlough days, parent teacher conference days etc… I think the least they can do with all the funds they are receiving from tickets is put in the flashing light to indicate school is in session. I don’t need them to tell me how fast I am going I have an odometer for that.