Author Archives: TCNF Bike Lawyers

Does a bicyclist have to stop for railroad crossing signals in Oregon?

Yes, all vehicles have to stop and remain stopped when a railroad signal is displayed or a train is approaching and is close enough to be an immediate hazard.

In Oregon a vehicle (which includes a bicycle whether operated on the street or the sidewalk) must stop for a railroad signal or when a train is approaching and is close enough to be an immediate hazard, even if there are no railroad crossing signals.

Railroad crossing along Portland's new Orange Line

Railroad crossing along Portland’s new Orange Line

ORS 811.455 requires vehicle operators to stop at a stop line or, if there is no stop line, not less than 15 feet from a rail line when:

  • A clearly visible electric or mechanical signal is warning of the approach of a train.
  • When a crossing gate is lowered.
  • When a signal is given by a flagger or police officer that a train is approaching.
  • When an approaching train is clearly visible and is so close as to be an immediate hazard.
  • When an audible signal is given by a train because its speed or nearness to the crossing is an immediate hazard.

A vehicle operator must stop and remain stopped for a train until it is safe to proceed across the tracks.  This means that a vehicle operator is not required to wait until the signal ends, only until the train has passed and it is safe to proceed: “A driver who has stopped for the passing of a train at a railroad grade crossing in accordance with the provisions of this section shall not proceed across the railroad tracks until the driver can do so safely.”  ORS 811.455(1)(b).

Railroad crossing gate lowered.

Railroad crossing gate lowered.

When the crossing has crossing gates, though, a vehicle operator must wait until the crossing gate is fully opened before proceeding though, even is there is no train approaching or the train has already cleared the crossing: “A person shall not drive any vehicle through, around or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.” ORS 811.455(1)(b).

Does Oregon have a Dead Red Law?

No.  Oregon does not have a “dead red” law.

A dead red law is a law that provides an exception to the violation of Failure to Obey a Traffic Control Device when the light does not detect a vehicle (like a bicycle) and the light fails to cycle through to allow a roadway user to proceed.  This can result in a person being stuck at a light without any option for lawfully passing through the intersection.

IMG_0670

ORS 811.260 Appropriate driver responses to traffic control devices is the Oregon statute that governs how roadway users are to treat traffic signals.

ORS 811.260(7) Steady circular red signal.

A driver facing a steady circular red signal light alone 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 is no marked crosswalk, then before entering the intersection.  The driver shall remain stopped until a green light is shown except when the driver is permitted to make a turn under ORS 811.360 (When vehicle turn permitted at stop light).  Emphasis added.

Oregon law does not allow any exception to the red light law for traffic signals that fail to turn green.

This can create a problem for cyclists whose bicycles are not big enough to activate the in-ground hoops that detect vehicles at intersections.

Recent legislation introduced in the Oregon House of Representatives (HB 2820) and Senate (SB 533) would create an exception, but only for motorcyclists.

The bills would allow a motorcyclist who has stopped and waited through one full light cycle without being detected to proceed though the intersection against the red light.

But for now the law remains clear: no vehicle operator can lawfully pass through a red light, even if the light fails to detect the vehicle.

Do bicyclists have to walk their bikes in crosswalks?

I encounter this question a lot in the bicycle law clinics I teach.

The short answer is: No.  There is no statewide legal requirement to walk a bicycle in a crosswalk.

There are, however, a couple of laws to keep in mind when riding up to or in a crosswalk.

First, when a bicyclist in Oregon is riding on a sidewalk and is approaching or entering a crosswalk (and also a driveway, a curb cut, or a pedestrian ramp) and a motor vehicle is approaching, the bicyclist must slow to the speed of an “ordinary walk” while approaching and entering. ORS 814.410(1)(d) Unsafe operation of bicycle on sidewalk.

Second, a bicyclist is entitled to the same rights and responsibilities as a pedestrian while in a crosswalk.  ORS 814.410(2).  What this means is that the requirement that a motor vehicle stop at a crosswalk when a pedestrian is crossing the roadway also applies to bicyclists.  ORS 811.028 Failure to stop and remain stopped for pedestrian.  Oregon law even requires cars to stop when any part of a person’s bicycle moves onto the roadway in a crosswalk with the intent to proceed across.  ORS 811.028(4).  A bicyclist can’t leave the sidewalk into the path of a car, though, if the car is so close it constitutes an immediate hazard (like it wouldn’t be able to stop safely), even if the bicyclist is entering a crosswalk.  ORS 814.410(1)(a).

Third, a bicyclist must always keep in mind that while riding on the sidewalk and in crosswalks is legal under state law, cities have the right to make it illegal under their city ordinances, so it is important to know the laws of the cities you ride in.

Does Oregon have a Bicycle Helmet Law?

Like a lot of legal questions, the question of whether Oregon has a mandatory bicycle helmet law is answered with “it depends”.

For bicycle operators under he age of 16 a helmet is required if they are operating a bicycle on a public street or on premises open to the public (like parking lots) per ORS 814.485 Failure to wear protective headgear. For a premises to be considered open to the public it must be made open to the general public for the use of motor vehicles. ORS 801.400 Premises open to the public.

ORS 814.486 Endangering bicycle operator or passenger extends the helmet requirement to bicycle passengers, so if the operator of the bicycle allows a passenger (like cargo bikes, bikes with kid carriers, or pedicabs) under the age of 16 to ride without a helmet the operator can be cited.

Summed up, if a person is 16 or over, or if they are under 16 and not operating their bicycle on a public street or anywhere that motor vehicles are allowed to operate, there is no legal requirement to wear a helmet.

However, even in those situations where a bicycle operator under the age of 16 is operating in an area where a helmet is required, there are some exemptions from the helmet requirement:

1.) If the wearing of a helmet would violate a religious belief or practice;
2.) If the person operating the bicycle is operating a tricycle designed to be ridden by children; and
3.) If the person operating the bicycle is operating a three wheeled non-motorized vehicle on a beach while it is closed to motor vehicle traffic.

But what happens if a person required to wear a helmet fails to do so?

ORS 814.485 sets the fine at $25 for the bicycle operator. However that statutes companion statutes allows the fine to shift to a child’s parents or guardians, or can levy a separate fine on an adult.

If a child is 11 years of age or younger, the violation for failing to wear a helmet MUST be charged against their parent, guardian or any other person with legal responsibility for the safety and welfare of the child.

If a child is between 12 and 16 years of age the violation may be issued to an adult, as above, but also may be issued to the child him- or herself.

An adult could also be charged with violating ORS 814.486 Endangering bicycle operator or passenger if a child under 16 that they have legal responsibility for operates a bicycle without a helmet. It is important to note that there is no knowledge or intent element to this violation, so even if the adult did not know the child was riding without a helmet they could still be charged with the violation.

Even though the penalty for violating ORS 814.485 or ORS 814.486 is a modest $25, a person who violates the law for the first time is not required to pay the fine if they prove to the satisfaction of the court that the underage bicycle operator has protective headgear.

Oregon’s Vehicle Code on bicycle helmets also contains a statute that prohibits evidence of failure to wear a helmet from being used in a civil trial where a bicycle operator is injured or killed and where damages are being sought. ORS 814.489 says such evidence “shall not be admissible, applicable, or effective to reduce the amount of damages or to constitute a defense to an action for damages[.]”