Category Archives: Bicycle Law

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).

Is it legal to pass on the right on a bicycle in Oregon? by Ray Thomas

Oregon law did not specifically authorize passing on the right until 2006, when the law was clarified to follow the great majority of other states and the Uniform Vehicle Code in specifically allowing bicycles to pass other vehicles on the right when it can be performed safely.

Passing 1

In Oregon bicycles and motor vehicles share the same traffic lane and the fluid movement of traffic is in everyone’s best interest when performed in a safe manner. The Bicycle Transportation Alliance (BTA) Legislative Committee persuaded the 2005 Oregon Legislature to change the law so that passing on the right would be allowed “if the overtaking vehicle is a bicycle that may safely make the passage under the existing conditions” ORS 811.415(2)(c).

Of course, bicycles are entitled to pass cars just like any other vehicle on streets without a bicycle lane.

The 2006 law allows safe passing on the right which helps to make the flow of traffic more smooth, and keeps riders from being stuck while stopped in a line of exhaust spewing motor vehicles.

Oregon law allowing bicycles to pass on the right is not unusual. The Uniform Vehicle Code Section 11-304(b) is a typical treatment of the issue: “The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.” (National Committee on Uniform Traffic Laws and Ordinances 2000). Oregon merely joined the great majority of other states that allowed the maneuver with the law change of 2006.

The bicycle is a legal hybrid in Oregon traffic law. It is a vehicle but also is allowed to share the same lane with motor vehicles. A bicycle’s narrow width of track allows the rider to fully utilize the standard width traffic lane and improve the roadway’s capacity to move traffic. The Oregon law supports common sense and smooth traffic flow in allowing safe passing on the right.

Ray Thomas is an Oregon bicycle lawyer with Swanson, Thomas, Coon & Newton.

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.