Legal issues

ORS 814.430 concerns the improper use of lanes by bicyclists. It states that a bicyclist “commits the offense of improper use of lanes” “if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway” except in following circumstances: “When overtaking and passing another bicycle or vehicle that is proceeding in the same direction; When preparing to execute a left turn; When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side,” or “when operating a bicycle along side not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic.”

ORS 811.130 prohibits impeding traffic. It states that a bicyclist commits the offense of impeding traffic if the bicyclist rides “in a manner that impedes or blocks the normal and reasonable movement of traffic” except when the bicyclist is proceeding in a manner needed for safe operation.” As described above under ORS 814.430, safe operation may require not riding “as close as practicable to the right curb or edge of the roadway” “when reasonably necessary to avoid hazardous conditions” and when riding “in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side.”

ORS 811.425 defines the violation that occurs when a slower driver fails to yield to an overtaking vehicle. It states that if the road is a two directional, two-lane highway and “there is no clear lane for passing available to the driver of the overtaking vehicle” a bicyclist “commits the offense of failure of a slower driver to yield to overtaking vehicle” if the bicyclist fails to move “off the main traveled portion of the highway into an area sufficient for safe turnout.” This law would only apply when the bicyclist has access to “an area sufficient for safe turnout.”

811.065 - Unsafe passing of person operating bicycle

(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 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 (Failure to drive on the right), 811.300 (Failure to drive on right of approaching vehicle) or 811.310 to 811.325 (Crossing center line on two-way, four-lane road; Failure of slow driver to drive on right; Failure to drive to right on divided highway; Failure to keep camper, trailer or truck in right lane).
- (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.

811.130 - Impeding traffic

(1) A person commits the offense of impeding traffic if the person drives a motor vehicle or a combination of motor vehicles in a manner that impedes or blocks the normal and reasonable movement of traffic.

(2) A person is not in violation of the offense described under this section if the person is proceeding in a manner needed for safe operation.

(3) Proceeding in a manner needed for safe operation includes but is not necessarily limited to:

(a) Momentarily stopping to allow oncoming traffic to pass before making a right-hand or left-hand turn.
(b) Momentarily stopping in preparation of, or moving at an extremely slow pace while, negotiating an exit from the road.

(4) A person is not in violation of the offense described under this section if the person is proceeding as part of a funeral procession under the direction of a funeral escort vehicle or a funeral lead vehicle.

(5) The offense described in this section, impeding traffic, is a Class D traffic violation.

811.315 - Failure of slow driver to drive on right

A person commits the offense of failure of a slow driver to drive on the right if the person is operating a vehicle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing and the person fails to drive:

(a) In the right-hand lane available for traffic; or
(b) As close as practicable to the right-hand curb or edge of the roadway.

(2)This section does not apply under any of the following circumstances:

(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing passing in ORS 811.410 (Unsafe passing on left) to 811.425 (Failure of slower driver to yield to overtaking vehicle).
(b) When preparing to turn left at an intersection, alley or private road or driveway.

(3)The offense described in this section, failure of slow driver to drive on the right, is a Class B traffic violation.

811.346 – Misuse of Special Left Turn Lane.

814.400 - Application of vehicle laws to bicycles.

(1) Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except: (a) Those provisions which by their very nature can have no application. (b) When otherwise specifically provided under the vehicle code. (2) Subject to the provisions of subsection (1) of this section: (a) A bicycle is a vehicle for purposes of the vehicle code; and (b) When the term "vehicle" is used the term shall be deemed to be applicable to bicycles. (3) The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care.

811.410 - Unsafe passing on left

811.415 - Unsafe passing on right

814.420 - Failure to use bicycle lane or path

811.425 - Failure of slower driver to yield to overtaking vehicle

A person commits the offense of failure of a slower driver to yield to overtaking vehicle if the person is driving a vehicle and the person fails to move the person’s vehicle off the main traveled portion of the highway into an area sufficient for safe turnout when:

(a)The driver of the overtaken vehicle is proceeding at a speed less than a speed established in ORS 811.105 (Speeds that are evidence of basic rule violation) as prima facie evidence of violation of the basic speed rule;
(b)The driver of the overtaking vehicle is proceeding at a speed in conformity with ORS 811.105 (Speeds that are evidence of basic rule violation);
(c)The highway is a two directional, two-lane highway; and
(d)There is no clear lane for passing available to the driver of the overtaking vehicle.

(2)This section does not apply to the driver of a vehicle in a funeral procession.

(3)The offense described in this section, failure of a slower driver to yield to overtaking vehicle, is a Class B traffic violation.

814.430 - Improper use of lanes

(1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway. (2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances:

(a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction.
(b) When preparing to execute a left turn.
(c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements.
(d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway.
(e) When operating a bicycle along side not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic. (f) When operating on a bicycle lane or bicycle path.

(3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic infraction.

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