Category Archives: Bicycle Law

Do Portland’s new Waterfront Park signs have any legal authority?

Governor Tom McCall Waterfront Park was named one of the best public spaces in the country in 2012.

With a mix of walkers, joggers, cyclists, tourists on Segways, and animals on (and off) leashes the paths can be a jumble of transportation modes and uses.

The City of Portland has recently installed signs to encourage “faster” riders to use Naito Parkway and also to ride slowly when the path is crowded.

Credit: Amanda Ulrich, IG @amandarunpdxforcongo

Credit: Amanda Ulrich, Instagram: @amandarunpdxforcongo

Credit:

Credit: Amanda Ulrich, Instagram: @amandarunpdxforcongo

If a cyclist chose to ignore these signs and ride faster than conditions warrant could that person by cited?  Yes, but not for breaking the laws that you may think.

The cyclist could not be (successfully) cited under state law.  The Waterfront Path is a multi-use path.  It is not a sidewalk under the law, because it is not on the side of a highway.  It is, however, a bicycle path.  What this means is that, under state law, a bicyclist is under no traffic law obligation to yield the right of way to pedestrians or provide an audible signal, nor maintain a speed reasonable under the basic rule.  They are, however, under the same due care requirements that all people owe one another under civil negligence law.

The City of Portland, however, has the right to control traffic within parks.  Bicycles are “traffic” when on the roadway and the city code extends the control of that traffic when bicycles are being operated within a park.  The Portland Police Bureau is directly authorized to enforce the traffic control within parks and can therefore issue a citation for violating the city code.  The fine can be up to $500.

Since the signs give clear directives, not suggestions, a bicycle rider who fails to operate slowly in crowded conditions, or who operates at a speed considered “fast” without using Naito Parkway, could be issued a citation.  The signs, however, leave a lot to the subjective experience of the cyclist and a law enforcement officer over what is “fast”, “slowly”, and “crowded”.

When can a motor vehicle stop or park in the bicycle lane?

Following last week’s post about motor vehicles operating in the bicycle lane, I was asked several questions about motor vehicles stopping or parking in bicycle lanes.

It is not rare to see a car or delivery truck parked in the bicycle lane.  If a motor vehicle is parked in the bicycle lane, is it breaking the law?  It depends.  Under Oregon state law, it is not illegal for a motor vehicle to stop or park in a bicycle lane under certain circumstances.  However, many municipal ordinance and city codes, including Portland’s, make stopping on a bicycle lane illegal in most scenarios.

ORS 811.550(23) makes stopping, standing or parking (I’m going to use “stopping” as shorthand) a motor vehicle on a bicycle lane illegal.  However, like the law that makes operating a car on the bike lane illegal, this law has many exemptions.   10 of them.    Most of the exemptions are obvious:

  • Government vehicles performing maintenance or repair work;
  • School buses or worker transport buses loading or unloading passengers (provided their yellow flashing lights are engaged);
  • Vehicles complying with the direction of a police officer or traffic control device;
  • Vehicles operated by the Oregon Department of Fish and Wildlife stopped in order to release fish; or
  • Vehicles stopped to collect solid waste. recycling, or yard debris.

However, there are some circumstances where you would expect that a vehicle stopped in the bicycle lane is violating the law where, in fact, it is not:

  • If a vehicle becomes “disabled in such a manner and such an extent that the driver cannot avoid stopping or temporarily leaving the disabled vehicle” in the bicycle lane, no violation of the prohibition has occurred; or
  • When a vehicle momentarily stops to allow oncoming traffic to pass before making a turn or momentarily stops in preparation for or while negotiating an exit from the road.

The biggest bike lane blocking culprits, however, are parked delivery trucks and cars double parked temporarily.  Despite the hazard they create and the inefficiencies they cause, they may not be breaking Oregon state law.

A vehicle is allowed to stop, stand, or park in the bicycle lane if:

  • If the vehicle is momentarily stopped to pick up or discharge a passenger; or
  • If the vehicle is momentarily stopped for the purpose of, and while actually engaged in, the loading or unloading of property;

So, the trucks stopped on the bicycle lane to deliver kegs of beer or UPS trucks stopped outside office buildings are not violating state law, so long as they are engaged in the loading or unloading of goods.  Same with the taxi cabs outside of the hotels, so long as they are actively picking up or discharging a passenger.

One last exemption stands out for both its vagueness of language and possible reach.  (5) of the exemption law reads:

  •  “When applicable, this subsection exempts vehicles from the prohibitions and penalties when the driver’s disregard of the prohibitions is necessary to avoid conflict with other traffic.”  (Emphasis added).

“Conflict with other traffic” is not defined in the statute and has not been defined by the Oregon courts.

Portland’s City Code specifically prohibits stopping on a bicycle lane PCC 16.20.130(u) without the numerous exclusions of the state law, but it does include one exclusion (to all of their parking prohibitions) that exempts vehicles stopped on a bicycle lane to avoid conflict with other traffic.

Can a motor vehicle operate in a bicycle lane?

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At our bicycle legal clinics, we are often asked about motor vehicles operating in the bicycle lane. While a bicycle lane has one of the purest rights-of-way in the Oregon Vehicle Code, the law does allow motor vehicles to operate upon the bicycle lane in certain circumstances.

Oregon law contains a blanket prohibition of the operation of a motor vehicle upon a bicycle lane. ORS 811.435(1), so in most situations a motor vehicle operating in a bicycle lane is operating illegally.

However, like a lot of prohibitions in the Oregon Vehicle Code, there is a statute that allows exceptions.  ORS 811.440 enumerates the circumstances in which a motor vehicle is allowed to operate on a bicycle lane.

Most of the exceptions require no further explanation:

  • entering or leaving an alley, private road or driveway;
  • required in the course of official duty (think police and fire vehicles); and
  • implement of husbandry (farm vehicle) that crosses into the bicycle lane to permit other vehicles to pass.

However, ORS 811.440(2)(a) contains a big exception in three words that causes a lot of traffic conflicts:

  • making a turn

Allowing motor vehicles to operate upon the bicycle lane while making a turn may seem obvious. Otherwise, how would they be able to make the turn? But the exception “making a turn” could potentially cover a lot of scenarios and can lead to some confusion and ambiguity:

Scenario 1: The Simple Right Turn

Right hook turn

Here, a motor vehicle makes a simple right turn at a green light, yielding to bicycles in the bicycle lane, from the right hand “B” lane. Did the motor vehicle driver violate Oregon law? No. They are permitted to cross over the bicycle lane to make the turn.  However, despite motor vehicle operators being allowed to operate on bicycle lanes while turning like this, there is no exception to the duty to yield the right of way to bicycle riders operating on a bicycle lane, found in ORS 811.050.

Scenario 2: The Sneak Around

Sneak Around

In this scenario, an inpatient motor vehicle operator comes up with a plan to pass the cars waiting to proceed straight or turn left by driving to the right of the cars in the bike lane. Did the driver violate Oregon law? Yes.  There is no exception for approaching a turn on the bicycle lane, only for making a turn. The driver also violated ORS 811.415 Unsafe passing on the right, which prohibits motor vehicles (but not bicyclists) from overtaking and passing other vehicles on the right.

Scenario 3: The Mid-Block Cruiser

Midblock

I have occasionally seen a motor vehicle operator who, knowing they need to make a right turn ahead, and seeing a gap in bicycle traffic in the bicycle lane, moves their car over mid-block and occupies the bicycle lane while moving forward to make their turn. Is this legal? No. Like the example above, ORS 811.440(2)(a) only allows a car to operate on a bicycle lane while making a turn, not while preparing to make a turn.

 

Are Electric Assisted Bicycles Legal to Ride in Oregon?

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Electric Assisted Bikes, also known as e-bikes or e-assist bikes, are a growing trend, not just in Oregon but worldwide. The New York Times recently ran an article profiling the growth of sales that e-bikes are experiencing in Europe, and their growing popularity with “older people, delivery businesses and commuters who don’t want to sweat.” E-Bike Sales are Surging in Europe, August 25, 2014.  There has been recent local focus as well.  Jennifer Dill, Director of the Oregon Transportation Research and Education Consortium (OTREC) recently appeared on OPB’s Think Out Loud to discuss their growing use and yesterday the National Institute for Transportation and Communities released an in depth and well researched survey of the regulations surrounding e-bikes in the United States.

So, are e-bikes legal to ride like an unassisted bicycle?  Yes, but with some very important differences (explained below).

An Electric Assisted Bicycle is a very specific creature in Oregon law under ORS 801.258.  It must:

  1. Be designed to be operated on the ground with wheels;
  2. Have a seat or saddle;
  3. Have no more than three wheels;
  4. Have BOTH fully operative pedals for human propulsion AND an ELECTRIC motor; AND
  5. That electric motor cannot have an output above 1,000 watts AND it cannot be capable of propelling the vehicle at a speed greater than 20 MPH on level ground.

There are a lot of specific requirements for a bike to be an e-bike under the law.  I have spoken to some owners of e-bikes who have motors above 1,000 watts that cannot get over 20 MPH and some who have motors at 1,000 watts who can get a speed higher than 20MPH.  These are not Electric Assisted Bicycles under the law and are not granted the same rights as Electric Assisted Bicycle users.

Electric Assisted Bicycles are given the same status of bicycles under Oregon law.  ORS 814.405.  That means that, when reading other statutes, any rights or responsibilities given to a rider of a bicycle under the law is also given to the rider of an Electric Assisted Bicycle (unless specifically stated otherwise).

The key law in which Electric Assisted Bicycles are not given the same rights and responsibilities as unassisted bicycle operators is operation upon a sidewalk.  Unassisted bicycle riders can, as a general rule, operate upon a sidewalk unless specifically prohibited from doing so by municipal ordinance (like downtown Portland and the Eugene transit mall area).  However, Electric Assisted Bicycle operators are specifically excluded from riding on sidewalks statewide.  ORS 814.410(1)(e).

This law creates an unnecessary inefficiency for an Electric Assisted Bicycle operator riding on the street or confined to the bicycle lane via ORS 814.420, but cannot legally escape to the sidewalk in the case of traffic or another blockage.  This is an interesting restriction given the inability, by the very nature of its definition, for an e-bike to exceed 20 MPH, but an unassisted bike with the right rider could easily exceed 20 MPH on a sidewalk.

Another key difference between Electric Assisted Bicycles and unassisted bicycles is that operators under 16 are not allowed to ride Electric Assisted Bicycles per ORS 807.020(15).

 

What should I do when facing a red light in a bicycle lane at a T-intersection?

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One of the benefits of being a bicycle rider in Oregon is that we are granted the same rights as motor vehicle operators under the law. That granting of privilege, however, is a two-edged sword because we are also limited to the same restrictions and responsibilities of motor vehicle operators under the law (except for those laws that have no application to bicycles).

This restriction can sometimes result in inefficiencies. For example, when a rider is in a bicycle lane and they face a red light they are required to stop behind the stop line even though, if there are no pedestrians crossing, they face no conflicting traffic. For example, here is the intersection of SW Salmon Street and Naito Parkway in downtown Portland, facing north.

Naito and Salmon

Here, a bicyclist faces no possibility of conflicting traffic if they proceeded through the intersection against a red light.

So, can a bicyclist legally proceed through the intersection while facing a red light? No. A driver, no matter their mode of travel, must stop at the clearly marked stop line when faced with a red light. ORS 811.260(7).

Sometimes, though, a bicycle rider will move from the bike lane to the sidewalk and back to the bike lane again after riding on the sidewalk through the T-intersection, as illustrated here:

Bicyclists will sometimes go from the bike lane to the sidewalk to get around red lights.

Bicyclists will sometimes go from the bike lane to the sidewalk to get around red lights.

This maneuver is legal, so far as 1.) the bicyclist is allowed to ride on the sidewalk in the area; 2.) the bicyclist does not operate in a careless manner and slows to the speed of an ordinary walk when entering the curbcut (ORS 814.410) AND 3.) the bicyclist first stops behind the stop line as required by ORS 811.260(7).