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 1945
Senate Bill 299
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 Senate Interim Committee on
Judiciary for Bicycle Transportation Alliance)
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 as
introduced.
Creates offense of unsafe operation of bicycle on crosswalk.
Punishes by fine of $90.
Allows operation of bicycle on sidewalk at reasonable speed
rather than at ordinary walk.
Creates additional exceptions allowing motor vehicles to
operate on bicycle lane.
Creates offense of unsafe passing of person operating bicycle.
Punishes by fine of $360.
Specifies that drivers may cross into no passing zone to avoid
bicyclists.
A BILL FOR AN ACT
Relating to bicycles; creating new provisions; and amending ORS
811.420, 811.440 and 814.410.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) A person commits the offense of unsafe
operation of a bicycle on a crosswalk if the person operates the
bicycle at a speed greater than an ordinary walk when approaching
or entering a crosswalk and a motor vehicle is approaching. This
section does not require reduced speeds when a bicycle has
completely entered the crosswalk.
(2) Except as otherwise specifically provided by law, a
bicyclist on a crosswalk has the same rights and duties as a
pedestrian on a crosswalk.
(3) The offense described in this section, unsafe operation of
a bicycle on a crosswalk, is a Class D traffic violation. + }
SECTION 3. { + (1) The driver of a motor vehicle commits the
offense of unsafe passing of a person operating a bicycle if,
when passing or overtaking a person operating a bicycle
proceeding in the same direction, the driver fails to leave at
least three feet between the motor vehicle and the person
operating the bicycle.
(2) The offense described in this section, unsafe passing of a
person operating a bicycle, is a Class B traffic violation. + }
SECTION 4. ORS 814.410 is amended to read:
814.410. (1) A person commits the offense of unsafe operation
of a bicycle on a sidewalk if the person does any of the
following:
(a) Operates the bicycle so as to suddenly leave a curb or
other place of safety and move into the path of a vehicle that is
so close as to constitute an immediate hazard.
(b) Operates a bicycle upon a sidewalk and does not give an
audible warning before overtaking and passing a pedestrian and
does not yield the right of way to all pedestrians on the
sidewalk.
(c) Operates a bicycle on a sidewalk in a careless manner that
endangers or would be likely to endanger any person or property.
(d) Operates the bicycle at a speed { - greater than an
ordinary walk when approaching or entering a crosswalk, - } { +
that is greater than is reasonable under the existing conditions
when + } approaching or crossing a driveway or crossing a curb
cut or pedestrian ramp and a motor vehicle is approaching the
{ - crosswalk, - } driveway, curb cut or pedestrian ramp. This
paragraph does not require reduced speeds for bicycles at places
on sidewalks or other pedestrian ways other than places where the
path for pedestrians or bicycle traffic approaches or crosses
that for motor vehicle traffic.
(e) Operates an electric assisted bicycle on a sidewalk.
(2) Except as otherwise specifically provided by law, a
bicyclist on a sidewalk { - or in a crosswalk - } has the same
rights and duties as a pedestrian on a sidewalk { - or in a
crosswalk - } .
(3) The offense described in this section, unsafe operation of
a bicycle on a sidewalk, is a Class D traffic violation.
SECTION 5. ORS 811.420 is amended to read:
811.420. (1) A person commits the offense of passing in a no
passing zone if the person drives a vehicle on the left side of a
roadway in a no passing zone that has been established and
designated to prohibit such movements by appropriate signs or
markings posted on the roadway.
(2) The authority to establish and post no passing zones for
purposes of this section is established under ORS 810.120.
(3) The provisions of this section do not apply under any of
the following circumstances:
(a) When a driver turns left into or from an alley,
intersection, private road or driveway.
(b) When an obstruction or condition exists making it necessary
to drive to the left of the center of the roadway provided that a
driver doing so shall yield the right of way to all vehicles
traveling in the proper direction upon the unobstructed portion
of the roadway within a distance that would constitute an
immediate hazard.
{ + (c) When a roadway is too narrow for a driver of a motor
vehicle and a bicyclist to travel safely side by side, making it
necessary to drive the motor vehicle to the left of the center of
the roadway to avoid the bicyclist, provided that the driver of
the motor vehicle yields the right of way to all vehicles
traveling in the proper direction upon the left side of the
roadway. + }
(4) The offense described in this section, passing in a no
passing zone, is a Class B traffic violation.
SECTION 6. ORS 811.440 is amended to read:
811.440. This section provides exemptions from the prohibitions
under ORS 811.435 and 814.210 against operating motor vehicles on
bicycle lanes and paths. The following vehicles are not subject
to ORS 811.435 and 814.210 under the circumstances described:
(1) A person may operate a moped on a bicycle lane that is
immediately adjacent to the roadway only while the moped is being
exclusively powered by human power.
(2) A person may operate a motor vehicle upon a bicycle lane
when:
(a) Making a turn;
(b) Entering or leaving an alley, private road or driveway;
{ - or - }
(c) Required in the course of official duty { - . - } { + ;
(d) Avoiding an obstacle or other hazardous condition; or
(e) Subject to ORS 811.415, overtaking and passing on the right
a vehicle signaling an intention to make a left turn. + }
(3) An implement of husbandry may momentarily cross into a
bicycle lane to permit other vehicles to overtake and pass the
implement of husbandry.
(4) A person may operate a motorized wheelchair on a bicycle
lane or path.
(5) A person may operate a motor assisted scooter on a bicycle
lane or path.
(6) A person may operate an electric personal assistive
mobility device on a bicycle lane or path.
----------