Monthly Archives: April 2015

Do bicyclists have to yield to buses in Oregon?

In some circumstances bicyclists, and all other vehicle operators, are required to yield the right of way to transit buses in Oregon.

ORS 811.167 Failure to yield right of way to transit bus requires that vehicle operators approaching a transit bus from the rear are required to yield the right of way to the bus if the bus is trying to re-enter traffic after stopping to drop off or pick up passengers AND the bus has a illuminated, flashing yield sign displayed.

Here, a Trimet bus has its yield sign illuminated but motor vehicle traffic is failing to yield, causing the bus to block the bicycle lane.

In the picture above you can see that that Trimet bus’s yield sign (circled in red) is illuminated but the motor vehicle traffic has failed to yield, causing the bus to block the bicycle lane and prevent the bus behind it from getting to its stop.

ORS 811.167 Failure to yield right of way to transit bus

(1)A person commits the offense of failure to yield the right of way to a transit bus entering traffic if the person does not yield the right of way to a transit bus when:

     (a) A yield sign as described in subsection (2) of this section is displayed on the back of the transit bus;

     (b)The person is operating a vehicle that is overtaking the transit bus from the rear of the transit bus; and

     (c)The transit bus, after stopping to receive or discharge passengers, is signaling an intention to enter the traffic lane occupied by the person.

(2)The yield sign referred to in subsection (1)(a) of this section shall warn a person operating a motor vehicle approaching the rear of a transit bus that the person must yield when the transit bus is entering traffic. The yield sign shall be illuminated by a flashing light when the bus is signaling an intention to enter a traffic lane after stopping to receive or discharge passengers. The Oregon Transportation Commission shall adopt by rule the message on the yield sign, specifications for the size, shape, color, lettering and illumination of the sign and specifications for the placement of the sign on a transit bus.

(3)This section does not relieve a driver of a transit bus from the duty to drive with due regard for the safety of all persons using the roadway.

(4)As used in this section, transit bus means a commercial bus operated by a city or a county, a mass transit district established under ORS 267.010 to ORS 267.390 or a transportation district established under ORS 267.510 to 267.650.

(5)The offense described in this section, failure to yield the right of way to a transit bus entering traffic, is a Class D traffic violation. [1997 c.509 §2; 2013 c.202 §1]

Charley Gee is an attorney at Swanson, Thomas, Coon & Newton.

Who has the right-of-way at a four-way stop in Oregon?

Everyone has seen the infamous Portlandia skit.

Despite what you may have learned in driver’s education about four way stops in Oregon, the person who stopped first or the person to your right does not have the legal right-of-way. Neither does the person going straight have right-of-way over the person turning left if they are not already in the intersection. The only person who has the right-of-way at a four way stop in Oregon is the vehicle operator who is already in the intersection.

ORS 811.260(15) Appropriate driver responses to traffic control devices contains the controlling law for a vehicle operator facing a stop sign.

(15) Stop signs. A driver approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection or, if there is no marked crosswalk, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching so closely as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

There is no right-of-way for the vehicle approaching from a vehicle operator’s right at a controlled intersection like that found in ORS 811.275 Failure to yield the right of way at uncontrolled intersection for uncontrolled intersections (a topic for another day).

The Oregon Driver Manual says

At any intersection with stop signs in all four directions, it is common courtesy to allow the driver who stops first to go first. If in doubt yield to the driver on your right. To avoid the risk of a crash, never insist on the right of way.

2014-2015 Oregon Driver Manual, page 44.  Emphasis added.

So the next time someone waves you through you can proceed knowing you are not snatching the right-of-way from them. Once you cross your vehicle over that stop line and into the intersection that right-of-way is legally yours.

Charley Gee is an Oregon bicycle law attorney.  He practices at Swanson, Thomas, Coon & Newton in Portland, Oregon.