Failure to yield right of way to transit bus; rules; penalty

(1) A person commits the offense of failure to yield the right of way to a transit bus entering traffic if the person does not yield the right of way to a transit bus when: (a) A yield sign as described in subsection (2) of this section is displayed on the back of the transit bus; (b) The person is operating a vehicle that is overtaking the transit bus from the rear of the transit bus; and (c) The transit bus, after stopping to receive or discharge passengers, is signaling an intention to enter the traffic lane occupied by the person. (2) The yield sign referred to in subsection (1)(a) of this section shall warn a person operating a motor vehicle approaching the rear of a transit bus that the person must yield when the transit bus is entering traffic. The yield sign shall be illuminated by a flashing light when the bus is signaling an intention to enter a traffic lane after stopping to receive or discharge passengers. The Oregon Transportation Commission shall adopt by rule the message on the yield sign, specifications for the size, shape, color, lettering and illumination of the sign and specifications for the placement of the sign on a transit bus. (3) This section does not relieve a driver of a transit bus from the duty to drive with due regard for the safety of all persons using the roadway. (4) As used in this section, “transit bus” means a commercial bus operated by a city or a county, a mass transit district established under ORS 267.010 to 267.394 or a transportation district established under ORS 267.510 to 267.650. (5) The offense described in this section, failure to yield the right of way to a transit bus entering traffic, is a Class D traffic violation.