(1) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from a motor vehicle if the person approaches a motor vehicle that is stopped and is displaying required warning lights or hazard lights, or a person is indicating distress by using emergency flares or posting emergency signs, and the person operating the motor vehicle:
(a) On a highway having two or more lanes for traffic in a single direction, fails to:
(A) Make a lane change to a lane not adjacent to that of the stopped motor vehicle; or
(B) Reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.
(b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.
(2) A person is not in violation of the offense described in this section if the stopped motor vehicle is in a designated parking area.
(3) The offense described in this section, failure to maintain a safe distance from a motor vehicle, is a Class B traffic violation.