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.

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Charley Gee