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Kevin,
Andrew is correct, ORS 814.430 is the law, begin further upstream, ORS 814.400 says all rules of the road that apply to automobiles apply to bicycles, except those which by their nature can not.
Also note the recent case of State V. Potter, (117 Or App 333, 844 P2d. 234) which held that "vehicle" and "motor vehicle" are the same thing. The case isn't a great case b/c it increases confusion, but does make it clear that a bike= a car in terms of rights to the road. The case creates confusion now about those "no non-motorized vehicles" signs you see as you drive onto I-5, as crazy as it sounds (and I won't be doing it) it now seems legal to bike on all the roads in Oregon under this case!
The "right" answer is that you are entitled to a full lane, and at the same time, must ride as far to the right as safely practicable.
You are a slow moving vehicle. Like a scooter or a tractor. Other faster vehicle drivers must share the road with you.
Did the officer give you a ticket, or was he just giving you a hard time?
I am happy to give you specific advice off list if you wish. I do bike law for a living.
Mark Ginsberg
(503) 542-3000
Andrew Beehler <andyc-@hotmail.com> wrote:
Kevin,
I would believe that you were in the right. As seen in section c, you
were staying as close to the shoulder of the road while avoiding " surface
hazards or other conditions that make continued operation along the right
curb or edge unsafe or to avoid unsafe operation in a lane on the roadway
that is too narrow for a bicycle and vehicle to travel safely side by side.
"
I found this Information on the BTA web site.
Andrew
814.430 Improper use of lanes; exceptions; penalty.
1.. A person commits the offense of improper use of lanes by a bicycle if
the person is operating a bicycle on a roadway at less than the normal speed
of traffic using the roadway at that time and place under the existing
conditions and the person does not ride as close as practicable to the right
curb or edge of the roadway.
2.. A person is not in violation of the offense under this section if the
person is not operating a bicycle as close as practicable to the right curb
or edge of the roadway under any of the following circumstances:
1.. When overtaking and passing another bicycle or vehicle that is
proceeding in the same direction.
2.. When preparing to execute a left turn.
3.. When reasonably necessary to avoid hazardous conditions including,
but not limited to, fixed or moving objects, parked or moving vehicles,
bicycles, pedestrians, animals, surface hazards or other conditions that
make continued operation along the right curb or edge unsafe or to avoid
unsafe operation in a lane on the roadway that is too narrow for a bicycle
and vehicle to travel safely side by side. Nothing in this paragraph excuses
the operator of a bicycle from the requirements under ORS 811.425 or from
the penalties for failure to comply with those requirements.
4.. When operating within a city as near as practicable to the left curb
or edge of a roadway that is designated to allow traffic to move in only one
direction along the roadway. A bicycle that is operated under this paragraph
is subject to the same requirements and exceptions when operating along the
left curb or edge as are applicable when a bicycle is operating along the
right curb or edge of the roadway.
5.. When operating a bicycle alongside not more than one other bicycle
as long as the bicycles are both being operated within a single lane and in
a manner that does not impede the normal and reasonable movement of traffic.
6.. When operating on a bicycle lane or bicycle path.
3.. The offense described in this section, improper use of lanes by a
bicycle, is a Class D traffic infraction. [1983 c.338 s.701; 1985 c.16
s.339]
----- Original Message -----
From: "kevin thompson"
To:
Sent: Monday, April 26, 2004 7:58 AM
Subject: [OBRA Chat] police question
I got pulled over this weekend riding my bike. I was on the road that
climbs up from the junction just west of Estacada heading to Sandy
(224?). The police man claimed that I was impeading the flow of
traffic. What are the laws regarding bikes on roads that don't have a
designated bike lane? There was a white line and dirt and I am sure
that I was about a foot (give or take 1 foot) to the left of the white
line.
Police Bait
Mark J. GinsbergAttorney At Law1001 SW 5th Ave., Ste. 1900Portland, OR 97204(503) 542-3000Fax (503) 295-3720 markjgi-@yahoo.com
---------------------------------
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<DIV>Kevin, </DIV>
<DIV> </DIV>
<DIV>Andrew is correct, ORS 814.430 is the law, begin further upstream, ORS 814.400 says all rules of the road that apply to automobiles apply to bicycles, except those which by their nature can not.</DIV>
<DIV> </DIV>
<DIV>Also note the recent case of State V. Potter, (117 Or App 333, 844 P2d. 234) which held that "vehicle" and "motor vehicle" are the same thing. The case isn't a great case b/c it increases confusion, but does make it clear that a bike= a car in terms of rights to the road. The case creates confusion now about those "no non-motorized vehicles" signs you see as you drive onto I-5, as crazy as it sounds (and I won't be doing it) it now seems legal to bike on all the roads in Oregon under this case!</DIV>
<DIV> </DIV>
<DIV>The "right" answer is that you are entitled to a full lane, and at the same time, must ride as far to the right as safely practicable.</DIV>
<DIV><BR>You are a slow moving vehicle. Like a scooter or a tractor. Other faster vehicle drivers must share the road with you.</DIV>
<DIV> </DIV>
<DIV>Did the officer give you a ticket, or was he just giving you a hard time?</DIV>
<DIV>I am happy to give you specific advice off list if you wish. I do bike law for a living.</DIV>
<DIV> </DIV>
<DIV>Mark Ginsberg</DIV>
<DIV>(503) 542-3000</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV><B><I>Andrew Beehler <andyc-@hotmail.com></I></B> wrote:</DIV>
<BLOCKQUOTE class=replbq style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #1010ff 2px solid"><BR><BR><BR>Kevin,<BR><BR>I would believe that you were in the right. As seen in section c, you<BR>were staying as close to the shoulder of the road while avoiding " surface<BR>hazards or other conditions that make continued operation along the right<BR>curb or edge unsafe or to avoid unsafe operation in a lane on the roadway<BR>that is too narrow for a bicycle and vehicle to travel safely side by side.<BR>"<BR><BR>I found this Information on the BTA web site.<BR>Andrew<BR>814.430 Improper use of lanes; exceptions; penalty.<BR><BR><BR>1.. A person commits the offense of improper use of lanes by a bicycle if<BR>the person is operating a bicycle on a roadway at less than the normal speed<BR>of traffic using the roadway at that time and place under the existing<BR>conditions and the person does not ride as close as practicable to the right<BR>curb or edge of the roadway.<BR>2.. A person
is not in violation of the offense under this section if the<BR>person is not operating a bicycle as close as practicable to the right curb<BR>or edge of the roadway under any of the following circumstances:<BR>1.. When overtaking and passing another bicycle or vehicle that is<BR>proceeding in the same direction.<BR>2.. When preparing to execute a left turn.<BR>3.. When reasonably necessary to avoid hazardous conditions including,<BR>but not limited to, fixed or moving objects, parked or moving vehicles,<BR>bicycles, pedestrians, animals, surface hazards or other conditions that<BR>make continued operation along the right curb or edge unsafe or to avoid<BR>unsafe operation in a lane on the roadway that is too narrow for a bicycle<BR>and vehicle to travel safely side by side. Nothing in this paragraph excuses<BR>the operator of a bicycle from the requirements under ORS 811.425 or from<BR>the penalties for failure to comply with those requirements.<BR>4.. When operating within a city
as near as practicable to the left curb<BR>or edge of a roadway that is designated to allow traffic to move in only one<BR>direction along the roadway. A bicycle that is operated under this paragraph<BR>is subject to the same requirements and exceptions when operating along the<BR>left curb or edge as are applicable when a bicycle is operating along the<BR>right curb or edge of the roadway.<BR>5.. When operating a bicycle alongside not more than one other bicycle<BR>as long as the bicycles are both being operated within a single lane and in<BR>a manner that does not impede the normal and reasonable movement of traffic.<BR>6.. When operating on a bicycle lane or bicycle path.<BR>3.. The offense described in this section, improper use of lanes by a<BR>bicycle, is a Class D traffic infraction. [1983 c.338 s.701; 1985 c.16<BR>s.339]<BR>----- Original Message ----- <BR>From: "kevin thompson" <THOM-@LOSWEGO.K12.OR.US><BR>To: <OB-@TOPICA.COM><BR>Sent: Monday, April 26, 2004 7:58
AM<BR>Subject: [OBRA Chat] police question<BR><BR>I got pulled over this weekend riding my bike. I was on the road that<BR>climbs up from the junction just west of Estacada heading to Sandy<BR>(224?). The police man claimed that I was impeading the flow of<BR>traffic. What are the laws regarding bikes on roads that don't have a<BR>designated bike lane? There was a white line and dirt and I am sure<BR>that I was about a foot (give or take 1 foot) to the left of the white<BR>line.<BR><BR>Police Bait<BR></BLOCKQUOTE><BR><BR><DIV>
<DIV>
<DIV>
<ADDRESS>Mark J. Ginsberg</ADDRESS>
<ADDRESS>Attorney At Law</ADDRESS>
<ADDRESS>1001 SW 5th Ave., Ste. 1900</ADDRESS>
<ADDRESS>Portland, OR 97204</ADDRESS>
<ADDRESS>(503) 542-3000</ADDRESS>
<ADDRESS>Fax (503) 295-3720 </ADDRESS>
<ADDRESS><A href="mailto:markjgi-@yahoo.com">markjgi-@yahoo.com</A></ADDRESS>
<ADDRESS> </ADDRESS></DIV></DIV></DIV><p>
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