Who may present evidence

(1) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the peace officer who issued the citation for the offense may present evidence, examine and cross-examine witnesses and make arguments relating to: (a) The application of statutes and rules to the facts in the case; (b) The literal meaning of the statutes or rules at issue in the case; (c) The admissibility of evidence; and (d) Proper procedures to be used in the trial. (2) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the duly authorized traffic enforcement agent who issued the citation for the offense may present the evidence reviewed by the agent as the basis for issuing a citation under ORS 810.436, 810.437 or 810.444. (3) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the weighmaster or motor carrier enforcement officer who issued the citation for the offense may present the evidence reviewed by the weighmaster or motor carrier enforcement officer as the basis for issuing a citation listed under ORS 810.530. (4)(a) As used in this section, “duly authorized traffic enforcement agent” means an individual who: (A) Is employed, appointed and duly sworn in by the governing body of the incorporated city in which the agent performs the agent’s duties; and (B) Has completed all necessary technical, administrative and other training to review photographs and issue citations under ORS 810.436, 810.437 or 810.444. (b) Duly authorized traffic enforcement agents are not police officers as defined in ORS 801.395 or reserve officers as defined in ORS 133.005.