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Representing Bicyclists CLE Materials

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Charley Gee Attorney at Law Email: [email protected] Phone: (503) 228-5222 Websites: www.stc-law.com www.oregonbikelaw.com Representi ng Bicyclists
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Charley GeeAttorney at Law

Email: [email protected]: (503) 228-5222Websites: www.stc-law.com

www.oregonbikelaw.com

Representing Bicyclists

Types of RepresentationCivil – Personal Injury and Property Damage

Civil – Anti-Harassment

Criminal – Traffic Violations

Criminal – Component of Criminal Case

Rules of the RoadIn Oregon, bicycle operators are subject to all the rules that apply to motor vehicles. ORS 814.400.

“Motor vehicle” vs. “Vehicle”. State v. Potter, 185 Or. App 81 (2002)

Bicycles subject to both ORS Chp. 811 Rules of the Road and ORS Chp. 814 rules for bicyclists.

First things first: What is a bicycle?

It’s a vehicle! ORS 801.150

No more than three wheels, has a seat or saddle and is propelled exclusively by human power (or e-assist).

It’s a bike!

It’s a bike!

Not a bike!

What gives Oregon bicyclists the right to use the road?

Bicycles have the “same rights and duties as the driver of any other vehicle…”. ORS 814.400

Bicyclists’ “Bill of Rights” - ORS 814.430 Improper use of lanes

You can legally ride “two up” so long as traffic isn’t impededState v. Tiffin, 202 Or App 199 (2005)

Ride as far right as “practicable” unless:

•Going speed of traffic•Lane is narrow•Passing •Turning•One way street (but pick one)•Hazardous conditions

PassingPassing on the left: A bicyclist may pass another vehicle on the left, even if it means “taking the lane” or leaving the bicycle lane. ORS 811.410(1)(a), ORS 814.420(2)(a) and ORS 814.430(2)(a)

Passing on the right: A bicyclist may pass another vehicle on the right if the bicyclist can “safely make the passage under the existing conditions.” ORS 811.415(2)(c)

Lanes can be shared by vehicles passing one another.

Being Passed

A motor vehicle driver must always pass a bicyclist (or any other vehicle) on the left, at a safe distance, and in a reasonable manner at any speed. ORS 811.410

What is a “safe distance”? If the motor vehicle is going over 35MPH it is “the distance sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver’s lane of traffic.” ORS 811.065(1)(a)

Motor vehicles CAN cross a double yellow line to pass you. ORS 811.420(3)(b) and 811.065 (1)(b).

Bike LanesOregon is a mandatory bike lane state, meaning bicyclists have to use them if they are there. ORS 814.420(1)

Exceptions:1.Passing2.Turning3.Debris or hazards4.Turn lanes adjacent to bicycle lane

Motor vehicle drivers must yield to bicycles in the bike lane. ORS 811.050(1)

Motor vehicles are not allowed on the bicycle lane except forturning or crossing over. ORS 811.440(2)

Motor vehicles are not allowed to park on the bicycle laneexcept when actually engaged in loading or unloading goodsor passengers. ORS 811.550(23) and ORS 811.560(2)&(3)*not in book.

CrosswalksBicyclists must stop for pedestrians in a crosswalk. ORS 811.028

What’s a crosswalk? “Every corner is a crosswalk”.

Who is crossing? See ORS 811.028(4)

Crosswalks – No Crossing SignalYou must stop and wait until the pedestrian has cleared your lane and the adjacent lane. ORS 811.028(1)(d)

Crosswalks – With Crossing SignalYou must stop and wait until the pedestrian has

cleared your lane and six feet of the adjacent lane. ORS 811.028(1)(e)

SidewalksBicyclists are allowed on the sidewalk except for where they are specifically prohibited.

A bicyclist must give an audible warning when passing a pedestrian. ORS 814.410(1)(b)

A bicyclist approaching or entering a crosswalk, or crossing a driveway or curbcut when a motor vehicle is approaching cannot go any faster than an ordinary walk. ORS 814.410(1)(d)

A bicyclist must yield the right of way to pedestrians on a sidewalk. ORS 811.025

There is no statutory requirement to ride the same direction as street traffic on a sidewalk.

The sidewalk to the street and back again

Bicycles can go from the street to the sidewalk and then back to the street (so long as they’re allowed on the sidewalk).

A bicycle cannot leave the sidewalk and enter the street in a manner that “constitutes an immediate hazard.” ORS 814.410 (1)(a)

SignalingSignals must be made 100 feet before making a turn or stop UNLESS it is not safe to do so. ORS 814.440(1)(a), (b) & (c)

If you stop, you must signal before proceeding if turning. ORS 814.440(2)

Lights and EquipmentWhen do you have to use lights?: In limited visibility conditions ORS 815.280(2)(C)(a) and ORS 801.325

Front: A white light visible from 500 feet from the front

ORS 815.280(2)(C)(b)

Rear: A red light OR reflector visible from 600 feet ORS 815.280(2)(C)(c)

Brakes: You must have “a brake”, even on fixed gear bikes. ORS 815.280(2)(a).

Careless Driving and the Vulnerable Roadway User Law

Not a separate violation – an enhanced penalty

Dangerous Street Drains

ORS 810.150 requires all sewer drains and storm drains to be designed and installed so that bicycle traffic can pass over the drain safely.

Applies to all drains on public ways, highways, roads, streets, footpaths, or bicycle trails.

See the definition of Highway in ORS 801.305, which includes every place used or intended for the use of the general public for vehicular traffic as a matter of right.

InsuranceA bicyclist’s Oregon automobile insurance policy will cover them while riding for PIP and UIM, but not for liability.

A bicyclist’s homeowner’s or renter’s insurance will cover them while riding for liability and theft.

A bicyclist in Oregon can access adverse PIP as a tertiary no-fault insurance source. ORS 742.520(2)(b). See ORS 742.518(6) for definition of pedestrian: “a person…not occupying a self-propelled vehicle…”.


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