Mark J. Ginsberg
Friends,
Several fellow orba-ites have written to me privately to ask, in essence, "so do I have to actually USE a bike lane if it is there?"
I will answer that questions here rather than individually.
Please forgive me if you find this spam-esque, I'd suggest you delete this now.
Still here?
Okay.
For some online reporting: http://www.bikeportland.org/
There have the general stories right, but some minor facts wrong. I will work with them to clear some of that stuff up.
bike lane law: http://www.leg.state.or.us/ors/814.html
ORS 814.420:
section 1 says gotta use a bike lane
section 2 says, only where "hearings" have been held to find the lane safe for use at reasonable speed
section 3 list the exceptions, i.e. when you can leave the bike lane.
I will say this, no hearings have been held. period. okay?
yesterday the State put on a big dog and pony show about the bicycle master plan (hereinafter "BMP') (this is a city of Portland document- that you dear reader can get online or they will even mail you a copy if you ask).
Portland Bike Master plan is a nice document, I currently chair the City of Portland Bicycle Advisory Committee and we are just beginning the process of updating it.
the BMP has lots of stuff about all the process, workshops, etc that were held.
Yesterday the prosecution put on lots of evidence about the BMP.
I asked the very pointed question "can you show us anywhere in the BMP where it says that hearings were held that found the lanes safe for use at reasonable speed?" the answer was all about how much input there was from citizens etc. I asked again and the prosecutors witness (who I know and work with) said "NO".
That is to say he stated that nowhere in the BMP does it say they had the hearings to fine Portland bike lanes safe for use at reasonable speed.
so you think we'd be done right??
wrong!!
The judge still found that the hearings were held.
however, the judge also found that based on the facts, my client was within the exceptions which allow a cyclist to leave the bike lane, and found him not guilty.
So the questions remains, do you gentle reader need to ride in the bike lane?
Well my answer is a very clear, strong definitive MAYBE.
I don't think hearing have been held, but I also think the courts and various municipalties are willing to fight to have us think that they did happen to avoid cyclists NOT using the bike lanes.
So while I think the legal requirement to use them is weak, the effect if you receive a citation for not using them, is that you may well be found guilty and be made to pay a fine. OR you may be found not guilty and not have to pay a fine.
Dear reader, the choice is yours. The law is not as clear as those who enforce it would have you think, in this writters humble opinion.
As for places that are not Portland, I doubt hearings have been held, but I also doubt I'd be willing to travel somewhere else to try a case for you, unless you, dear, dear, reader are willing to pay my hourly rate inclusive of my travel time.
Thank you for reading this far. That is all. (For now!)
Mark Ginsberg
Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com
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