CONTENTS
(1) The most relevant laws
(2) Other laws that have some relevance
(3) Text of laws
(4) Summary of state laws about how bicyclists may use travel lanes
(2) Other laws that have some relevance
814.410 Unsafe operation of bicycle on sidewalk
811.050 Failure to yield to rider on bicycle lane
811.055 Failure to yield to bicyclist on sidewalk
(3) Text of laws
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 (Passing in a no passing zone) 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.
(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.
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.
814.420 Failure to use bicycle lane or path
811.425 - Failure of slower driver to yield to overtaking vehicle
[Note: This law pertains to the situation on a two lane road in which there is no clear passing lane. It requires the driver going slower than the speeds specified in ORS 811.105 to move “off the main traveled portion of the highway into an area sufficient for safe turnout.”]
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.
ORS 811.295 (Failure to drive on the right)
A person commits the offense of failure to drive on the right if the person is operating a vehicle on a roadway of sufficient width and the person does not drive on the right half of the roadway.
(2)A person is not required to drive on the right side of the roadway by this section under any of the following circumstances:
(a)When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement in ORS 811.410 (Unsafe passing on left) to 811.425 (Failure of slower driver to yield to overtaking vehicle) or 811.808 (Exemption from speed limits for funeral escort vehicle).
(b)When preparing to turn left in an intersection, alley or private road or driveway.
(c)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 as to constitute an immediate hazard.
(d)Upon a roadway divided into three marked lanes for traffic under the rules applicable on the roadway under ORS 811.380 (Improper use of center lane on three-lane road).
(e)Upon a roadway restricted to one-way traffic.
(3)The offense described in this section, failure to drive on the right, is a Class B traffic violation.
811.300 (Failure to drive on right of approaching vehicle)
(1)A person commits the offense of failure to drive on the right of an approaching vehicle if the person is operating a vehicle upon a roadway having width for not more than one lane of traffic in each direction and the person does not:
(a)Pass to the right of any other vehicle proceeding on the roadway in the opposite direction; and
(b)Give to the other at least one-half of the main traveled portion of the roadway as nearly as possible.
(2)This section does not apply to a person operating a vehicle as otherwise directed by a traffic control device.
(3)The offense described in this section, failure to drive on the right of an approaching vehicle, is a Class B traffic violation.
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).
ORS 811.420 (Passing in a no passing zone)
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 (Designation of no passing zones).
(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.
(4) The offense described in this section, passing in a no passing zone, is a Class B traffic violation.
Question: May a motorist cross a double yellow line to pass a bicyclist who is in a lane too narrow for both the vehicle and the bicyclist to safely operate?
Yes. According to ORS 811.420 (Passing in a no passing zone) a motorist may cross a double yellow line "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."