Traffic Offenses

C, DUTIES TO PEDESTRIANS AND BICYCLES

811.005 Duty to exercise due care. None of the provisions of the vehicle code relieve a pedestrian from the duty to exercise due care or relieve a driver from the duty to due care concerning pedestrians.

811.010 Failure to yield to pedestrian in crosswalk; penalty.

(1) The driver of a vehicle commits the offense of failure to yield to a pedestrian in a crosswalk if: (a) A pedestrian is crossing a road way within a marked or unmarked crosswalk where there are no traffic control devices, in place or in operation; and (b) The driver does not stop before entering the crosswalk and yield the right way to the pedestrian when the pedestrian is: (A) Approaching so closely to the 'half of the roadway along which the driver is. Proceeding so as to be in a position of danger by closely approaching or reaching the center of the roadway; or (B) On the half of the roadway on and along which the driver is proceeding.

(2) This section does not require a driver to stop and yield the right of. way to a pedestrian under any of the following circumstances: (a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or (b) where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.

(3) The offense described in this section, failure to yield to a pedestrian in a crosswalk is a Class B infraction. [1983,c.338 ß544; 1985 c.16 ß279]

811.025 Failure to yield to pedestrian on sidewalk; penalty.

(1) The driver of a vehicle. Commits the offense of failure to yield to a pedestrian on a sidewalk if the driver does not yield the right of way to any pedestrian on a sidewalk.

(2) The offense described in this section, failure to yield to a pedestrian on a sidewalk, is a Class B traffic infraction. [1983 c.338 ß547; 1995 c.383 ß42]

811.050 Failure to yield to rider on bicycle lane.

(1) A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating bicycle, moped or motorized wheelchair upon a bicycle lane.'

(2) This section does not require persons operating mopeds to yield the right way to bicycles if the mopeds are operated on bicycle lanes in the manner permitted under ORS 811.440.

(3) The offense described in this section, failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a Class B traffic infraction... (1983 c.338 ß698; 1985 c.16 ß336;1991 c.417 ß4]

811.055 Failure to yield to bicyclist on sidewalk

(1) The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any bicyclist on a sidewalk.

(2) The driver of a motor vehicle is not in violation of this section, when. a bicyclist is ,operating in violation of ORS 814.410. Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care.

(3) The offense described in this section, failure to yield the right of way to a bicyclist on a sidewalk is a Class B traffic infraction..
[1983 c338 ß702; 1985 c.16 ß340; 1995 c383 ß44]

811.415 Unsafe, passing on right; penalty.

(1). A person commits the offense of unsafe passing on the right if the person: (a) Drives a vehicle to overtake and pass upon the right of another vehicle at any time not permitted under this section. (b) Drives a vehicle to overtake and pass upon the right of another vehicle at any time by driving off the paved portion of the highway.

(2) For purposes of this section, person may drive a vehicle to overtake and pass upon the right of another vehicle under any of the following circumstances: (a) Overtaking and passing upon the right is permitted if: (A) The overtaken vehicle is making or the driver has signaled an intention to make a left turn; (B) The paved portion of the highway is of sufficient width to allow two or more lanes of vehicles to proceed lawfully in the same direction as the overtaking vehicle; and (C) The roadway ahead of the overtaking vehicle is unobstructed for a sufficient distance to permit passage by the overtaking vehicle to be made in safety. (b) Overtaking and passing upon the right is permitted if the overtaken vehicle is proceeding along a roadway in the left lane of two or more clearly marked lanes allocated exclusively to vehicular traffic moving in the same direction as the overtaking driver.

(3) The offense described in this section, unsafe passing on the right, is a Class B traffic infraction. [1983 c.338 ß638; 1987 c.158 ß169]

811.490 Improper opening or leaving open of vehicle door; penalty.

(1) A person commits the offense of improper Opening or leaving open a vehicle door if the person does any of the following: (a) Opens any, door of a vehicle unless and until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on Sidewalks or shoulders; (b) Leaves a door open on the side of a vehicle available to traffic, or to pedestrians or bicycles on sidewalks or shoulders for a period of time longer than necessary to load or unload passengers.

(2) The offense described in this section improper opening or leaving open a vehicle door, is a Class D traffic infraction. [1983 c.338 ß655; 1985 c.16 ß320]

306.112 Bicycle lane and path advisory committee; members, terms, duties and powers; meetings.

(1) There is created in the Department of Transportation an advisory committee to be appointed by the Governor to advise the department regarding the regulation of bicycle traffic and the establishment of bicycle lanes and paths. The committee shall consist of eight members including an employee of a unit of local government employed in land use planning, a representative of a recognized environmental group, a person engaged in the business of selling or repairing bicycles, a member designated by the Oregon Recreation Trails Advisory Council, and at least one member under the age of 21 at the time of appointment. Members of the advisory committee shall be entitled to compensation and expenses as provided by ORS 292.495,

(2) The members shall be appointed to serve for terms of four years each. A vacancy on the committee shall be filled by appointment by the Governor for the unexpired term.

(3) The committee shall meet regularly four times a year, at times and places fixed by the chairman of the committee. The committee may meet at other times upon notice by the chairman or three members of the committee. The department shall provide office space and personnel to assist the committee as requested by the chairman, within the limits of available funds. The committee shall adopt rules to govern its proceedings and may select officers it considers necessary. [1973 c.716 ß1; 1993 c.741 ß35]

Note: 366.112 was enacted into law by the Legislative Assembly but was not added to or made a part 6f ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

366.112 Use of highway fund for footpaths and bicycle trails.

(1) Out of the funds received by the department or by any county or city from the State Highway Fund reasonable amounts shall be expended as necessary to provide footpaths and bicycle trails, including curb cuts or ramps as part of the project. Footpaths and bicycle trails, including curb cuts or ramps as part of the project, shall be provided wherever a highway, road or street is being constructed, reconstructed or relocated. Funds received from the State Highway Fund may also be expended to maintain footpaths and trails and to provide footpaths and trails along other highways, roads and streets and in parks and recreation areas.

(2) Footpaths and trails are not required to be established under subsection (1) of this section: (a) where the establishment of such paths, and trails would be contrary to public safety; (b) If the cost of establishing such paths and trails. would be excessively disproportionate to the need or probable use; or (c) where scarcity of population, other available ways, or other factors indicate an absence of any need for such paths and trails. (8) The amount expended by the department or by a city or county as required or permitted by this section shall never in any one fiscal year be less than one percent of the total amount of the funds received from the highway fund, However: (a) This subsection does not apply to a city in any year in which the one percent equals $250 or less, or to a county in any year in. which the one percent equals $1,500 or less. (b) A city or county in lieu of expending the funds each year, may credit the funds to a financial reserve or special fund in accordance with ORS 280.100, to be held for not more than 10 years, and to be expended for the purposes required or permitted by this section. (c) For purposes of computing amounts expended during a fiscal year under this subsection, the department, a city or county may record the money as expended: (A) On the date actual construction of the facility is commenced if the facility is constructed by the city, county or department itself or (B) On the date a contract for the construction of the facilities is entered with a private contractor or 'with any other governmental body.

(4) For the purposes of this chapter, the establishment of paths, trails and curb cuts or ramps and the expenditure of funds as authorized by this section are for highway, road and street purposes. The department shall, when requested, provide technical assistance and advice to cities arid counties in carrying out the purpose of this section. The department shall recommend construction standards for footpaths and bicycle trails. curb cuts or ramps shall comply with the requirements of ORS 447.310 and rules adopted under ORS 447.231. The department shall, in the manner prescribed for marking highways under ORS 810.200, provide a uniform system of signing footpaths and bicycle trails which shall apply to paths and trails under the jurisdiction of the department and cities and counties. The department and cities and counties may restrict the use of footpaths and bicycle trails under their respective jurisdictions to pedestrians and non-motorized vehicles, except that motorized wheelchairs shall be allowed to use footpaths and bicycle trails.

(5) As. used in this section, "bicycle trail" means a publicly owned and maintained lane or way designated and signed for use as a bicycle route. [1971 c,376 ß2; .1979 c.825 ß1; 1983 c.19 ß1; 1983 c,338 ß919; 1991 c.417 ß7; 1993 c.503 ß12] 366.515 Amended by 1971 c.376 ß3; c.1973 c.249 ß39; repealed by 1975 c.436 ß7]

802.325 Bicycle safety program; contents; fees.

(1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a bicycle safety program that complies with this section to the extent moneys are available for such program. The program established may include the following: (a) Bicycle safety promotion and public education.

(b) Advice and assistance for bicycle safety programs operated by government or non-government organizations.

(d) Bicycle education and information that assist police agencies in the enforcement of bicycle laws.

(e) Other education or safety programs the department determines. will help promote the safe operation of bicycles, promote safe
and. lawful riding habits and assist in accident prevention.

(f) The department may charge a fee for services provided under the program . Any fee charged by the department. under this paragraph shall be established by rule and shall not be in an amount that will discourage persons from participating in safety programs offered by the department under this section.

(2) The department shall act as a liaison between government agencies and advisory committees and interested bicyclist groups.

(3) The department may accept donations and solicit grants to enable the department to carry out the functions of this section.. [1987 c.683 ß2; 1991 c.453 ß9] 807.020 Exemptions from recruitment to have Oregon license or permit.

(13) A person may operate a bicycle without any grant of driving privileges.

810.150 Drain construction; compliance with bicycle safety requirements; guidelines.

(1) Street drains, sewer drains; storm drains and other similar openings in a roadbed over which traffic must pass that are in any portion of a public way, highway, road, street, footpath or bicycle trail that is available for use by bicycle traffic shall be designed and installed, including. any modification of existing drains, with grates or covers so that bicycle traffic may pass over the drains safely and without obstruction or interference.

(2) The department shall adopt construction guidelines for the design of public ways in accordance with this section. Limitations on the applicability of the guidelines are established under ORS 801.030. [1983 c.338 ß159]

Bicycle Laws

TRAFFIC OFFENSES