Tuesday, November 10, 2009

Bike Law in Oregon

Portland has become one of the best places to bike in the world.  That's not just this rider's opinion, it's also the finding of Virgin Vacations which placed Portland second -- behind only Amsterdam -- on its list of bike friendly cities.  (http://www.virgin-vacations.com/site_vv/11-most-bike-friendly-cities.asp)  Portland's climate can be a challenge for biking, but the rides in Forest Park, on Mt. Hood, along the Deschutes, and many others make it worth braving the cold and rain.

Generally, cyclists have the same rights and obligations as other users of the road.  Thus, for instance, a bike has the right to use a full lane of traffic, and usually has the right to cross intersections under the same rules as a car does.

Cyclists are treated differently that motor vehicles, however, when bike paths or sidewalks are involved.  When there is a marked bike path, cyclists are required to use the path rather than the road.  On sidewalks, the following applies:

(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, 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. [1983 c.338 Sec.699; 1985 c.16 Sec.337; 1997 c.400 Sec.7; 2005 c.316 Sec.2]


Unless one of the situations described in the statutes is involved, resolution of bike vs. car accidents comes down to negligence -- who was being reasonably careful under the circumstances.

We hope this helps.  Ride carefully.

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