Oregon Cyclists and the Law

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Oregon Cyclistsand the Law
Oregon Revised Statutes (ORS) - 2007
EditionTitle 59 - Oregon Vehicle
Codewww.leg.state.or.us/ors
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State bicycle safety program
802.325 Bicycle safety program contents fees.
(1) The DOT shall establish a bicycle safety
program to the extent moneys are available...
It may include the following (a) Bicycle
safety promotion and public education. (b) Advice
and assistance for programs operated by
government or nongovernment organizations. (c)
Classroom instruction and actual riding
instruction (d) Bicycle education and
information that assist police agencies in the
enforcement of bicycle laws. (e) Other education
or safety programs the department determines
will help promote safe and legal
bicycle operation and assist in accident
prevention. (f) The department may charge a fee
for services provided under the program... (2)
The department shall act as a liaison between
agencies and advisory committees and
bicyclist groups. (3) The department may accept
donations and solicit grantsneeded to carry
out the functions of this section.
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How does Oregon lawdefine bicycles and
bicyclists?
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Key definitions in theOregon Vehicle Code
Oregon Revised Statutes (ORS)

• 801.150 Bicycle
• 801.155 Bicycle lane
• 801.160 Bicycle path
• 801.220 Crosswalk
• 801.258 Electric assisted bicycle
• 801.345 Moped
• 801.348 Motor assisted scooter
• 801.360 Motor vehicle
• 801.385 Pedestrian
• 801.480 Shoulder
• 801.485 Sidewalk
• 801.524 Throughway
• 801.590 Vehicle
• 801.608 Vulnerable user of a public way

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Bicycle
802.325 Bicycle
Bicycle means a vehicle that (1) Is
designed to be operated on the ground on
wheels (2) Has a seat or saddle for use
of the rider (3) Is designed to travel
with not more than three wheels in contact with
the ground (4) Is propelled exclusively
by human power and (5) Has every wheel
more than 14 inches in diameter or two tandem
wheels either of which is more than 14 inches in
diameter.
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Legal bicycles
Workbike
Touring bike
Family transport
Adulttrike
Sidecar
Cargo trailer
Tandem
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Electric assisted bicycle
801.258 Electric assisted bicycle
Electric assisted bicycle means a vehicle
that (1) Is designed to be operated on the
ground on wheels (2) Has a seat or saddle
for use of the rider (3) Is designed to
travel with not more than three wheels in
contact with the ground (4) Has fully
operative pedals and an electric motor
(5) Is equipped with an electric motor of up
to 1,000 watts that is incapable
of propelling the vehicle greater than 20 mph
on level ground.
814.405 Status of electric assisted bicycle
An electric assisted bicycle shall be considered
a bicycle by the Oregon Vehicle Code, except
when otherwise specifically provided by statute.
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Electric-Assisted Bicycles
Giant Suede-E(step-through frame model)
EZee Torq II(diamond frame model)
Images from www.electricvehiclesnw.com
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Moped
ORS 801.345 Moped
Moped means a vehicle, including any bicycle
equippedwith a power source, other than an
electric assisted bicycle or a motor assisted
scooter that (1) is designed to be
operated on the ground on wheels (2) Has a
seat or saddle for use of the rider (3) Is
designed to travel with not more than three
wheels in contact with the ground (4) Has
an independent power source that (a) can
propel the vehicle, unassisted, at up to 30
mph on the level and (b) if combustion
type, displaces 35.01 to 50 cc.. (5) the
drive functions directly or automatically and
does not require clutching or shifting by the
operator after engaging
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Moped
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Bicyclists are drivers
814.400 Application of vehicle laws to bicycles
Every person riding a bicycle has the same
rights and duties as the driver of any other
vehicle except those provisions which by their
nature can have no application and when
otherwise specifically provided.A bicycle is
a vehicle for purposes of thevehicle code and
the term vehicleshall be deemed applicable
to bicycles.
Same Rights, Same Roads, Same Rules
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Where may bicyclists legally ride?
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Leaving the right edge
Bicyclists may leave the right edge

• When moving as fast as normal traffic
• When a lane is too narrow to share
• To avoid an area where right turns are permitted
• To pass a bicycle or vehicle
• To prepare to turn left like a vehicle
• To avoid hazards

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You may leave the right edge
1) When moving as fast as normal traffic
2) When a lane is too narrow to share
(share travel side by side with enough
width for safe passing)
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You may leave the right edge
3) To avoid an area where right turns are
permitted
4) To pass slower traffic
Always check behind before moving laterally
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You may leave the right edge
5) To prepare to turn left like a vehicle
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You may leave the right edge
6) To avoid hazards
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Mandatory use of bike lanes and paths
ORS 814.420 Failure to use bicycle lane or path

• Bicyclists are required to use a bikelane, or a
  path adjacent to or near aroadway, if state or
  local authorities,after a public hearing, find
  it suitablefor safe travel.
• This does not apply where thebicyclist may
  safely move out to
• Overtake (pass)
• Turn left or right
• Avoid road hazards
• Continue straight where the lane or path is
  to the right of where a motor vehicle must
  turn right

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Special passing rule for bicyclists
ORS 811.415 Unsafe passing on right (2,c)
Overtaking and passing upon the right is
permitted if the overtaking vehicle is a bicycle
that may safely make the passage under the
existing conditions.
Dont pass on the right of vehicles that may turn
right, including large trucks and buses!
!
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Riding side by side
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Sidewalk cycling
Ride on the street wherever possible.Pedestrians
have priority on sidewalks.
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Bike lanes and paths

• Multi-use path laws are similar to sidewalk laws
• Yield to pedestrians
• Warn audibly when passing
• Slow to walking pace when crossing in front
  of cars.

• Motorists may operate on a bike lane when
• Turning
• Entering or leaving an alley,
• private road or driveway
• Required in the course of official duty
• Operating farm equipment (passing)
• Using motor assisted scooters or
• Electric Personal Assistive Mobility Device
  (Segway).

(Image courtesy John Allen)
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Signaling
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Bicycles and throughways
801.524 Throughway
every highway, street or roadway where owners
or occupants of abutting lands and other persons
have no legal right of access except as
determined by the road authority having
jurisdiction...
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Local agency regulationof bicycle operation
801.040 Authority to adopt special provisions

• No local authority may enact or enforce a
  traffic rule or regulation in conflict with state
  law except as specifically authorized
• Local authorities may adopt additional traffic
  regulations not in conflict with state law
• This section explicitly allows localauthorities
  to regulate
• Towing businesses

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What equipment and licensing doesthe law require?
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Night riding equipment
Red rear reflectorvisible 600
behindRECOMMENDEDRed rear light
White headlampvisible 500 ahead
815.280 Violation of bicycle equipment
requirements
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Helmets
Required for bicyclists younger than 16 when
operating on a highway or premises open to the
public (814.485)
Wear a helmet on every ride, even around the
block. Its like wearing a seat belt in a car.
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Licensing and Registration
Drivers licenses are not required for
bicyclists However, carrying I.D. is a good idea
and can save you a trip to the police station if
stopped for cause
Bicycles are not required to be licensed
(registered) or insured
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Motorists passing bicyclists
811.065 Unsafe passing of person operating
bicycle
Where there is no bike lane and the speed limit
is at least 35 mph, motorists passing bicyclist
on the left

• must pass with sufficient clearance that the
  bicyclist would not be struck if s/he were to
  fall
• must not finish the pass until safely past the
  bicyclist
• may cross the center of the roadway to pass the
  bicyclist,if the oncoming lane is unobstructed
  for a distance sufficient to safely complete the
  pass

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Same Roads,Same Rights,Same Rules
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All drivers follow thesame traffic rules

• Drive on the right Never on the left. Stay
  off the sidewalk.
• Take your turn Obey traffic controls. Yield
  to traffic on a higher-priority road.
• Respect other drivers space Yield and ask
  permission when moving into someones way.
• Between intersections, position by speed
  Faster traffic to the left of slower. If speeds
  are similar, get in line.
• At intersections, position by destination
  Identify the U-turn, left-turn, through, and
  right turn channels. Within your channel, use
  your lateral position to prevent cutoffs.

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Bicyclists who respect traffic law are
ambassadors for all cyclists