74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 371
 
                           B-Engrossed
 
                         Senate Bill 108
                   Ordered by the House June 7
  Including Senate Amendments dated May 4 and House Amendments
                              dated
                             June 7
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Department of State Police)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Creates offense of operation without forward crossview
mirror. Punishes by fine not exceeding $180. - }
   { +  Creates offense of unsafe passing of person operating
bicycle. Punishes by fine not exceeding $360.
  Clarifies that offense of following too closely applies to
persons driving motor vehicles. + }
 
                        A BILL FOR AN ACT
Relating to traffic offenses; creating new provisions; and
  amending ORS 811.485.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of the Oregon Vehicle Code. + }
  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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