74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to A-Eng. SB 108
 
LC 371/SB 108-A6
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 108
 
                 By COMMITTEE ON TRANSPORTATION
 
                             June 7
 
  In line 2 of the printed A-engrossed bill, after 'offenses '
insert '; creating new provisions; and amending ORS 811.485'.
  Delete lines 6 through 19 and insert:
  '  { +  SECTION 2. + }  { + (1) A driver of a motor vehicle
commits the offense of unsafe passing of a person operating a
bicycle if the driver violates any of the following requirements:
  ' (a) The driver of a motor vehicle may only pass a person
operating a bicycle by driving to the left of the bicycle at a
safe distance and returning to the lane of travel once the motor
vehicle is safely clear of the overtaken bicycle. For the
purposes of this paragraph, a 'safe distance' means a distance
that is sufficient to prevent contact with the person operating
the bicycle if the person were to fall off the bicycle into the
driver's lane of traffic. This paragraph does not apply to a
driver operating a motor vehicle:
  ' (A) In a lane that is separate from and adjacent to a
designated bicycle lane;
  ' (B) At a speed not greater than 35 miles per hour; or
  ' (C) When the driver is passing a person operating a bicycle
on the person's right side and the person operating the bicycle
is turning left.
  ' (b) The driver of a motor vehicle may drive to the left of
the center of a roadway to pass a person operating a bicycle
proceeding in the same direction only if the roadway to the left
of the center is unobstructed for a sufficient distance to permit
the driver to pass the person operating the bicycle safely and
avoid interference with oncoming traffic. This paragraph does not
authorize driving on the left side of the center of a roadway
when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325.
  ' (c) The driver of a motor vehicle that passes a person
operating a bicycle shall return to an authorized lane of traffic
as soon as practicable.
  ' (2) Passing a person operating a bicycle in a no passing zone
in violation of ORS 811.420 constitutes prima facie evidence of
commission of the offense described in this section, unsafe
passing of a person operating a bicycle, if the passing results
in injury to or the death of the person operating the bicycle.
  ' (3) The offense described in this section, unsafe passing of
a person operating a bicycle, is a Class B traffic violation. + }
  '  { +  SECTION 3. + } ORS 811.485 is amended to read:
  ' 811.485. (1) A person commits the offense of following too
closely if the person does any of the following:
  ' (a) Drives a  { + motor + } vehicle so as to follow another
vehicle more closely than is reasonable and prudent, having due
regard for the speed of the vehicles and the traffic upon, and
condition of, the highway.
  ' (b) Drives a truck, commercial bus or motor vehicle drawing
another vehicle when traveling upon a roadway outside of a
business or residence district or upon a freeway within the
corporate limits of a city and follows another truck, commercial
bus or motor vehicle drawing another vehicle without, when
conditions permit, leaving sufficient space so that an overtaking
vehicle may enter and occupy the space without danger. This
paragraph does not prevent a truck, commercial bus or motor
vehicle drawing another vehicle from overtaking and passing a
vehicle or combination of vehicles.
  ' (c) Drives a  { + motor + } vehicle when traveling upon a
roadway outside of a business or residence district or upon a
freeway within the corporate limits of a city in a caravan or
motorcade whether or not towing another vehicle without operating
the vehicle so as to leave sufficient space between vehicles to
enable a vehicle to enter and occupy the space without danger.
  ' (2) This section does not apply in the case of a funeral
procession. Except for the funeral lead vehicle, vehicles
participating in a funeral procession shall follow the preceding
vehicle as closely as is reasonable and safe.
  ' (3) The offense described in this section, following too
closely, is a Class B traffic violation.'.
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