Oregon's safe passing law I think is actually better than a "3 foot
rule". A driver traveling at high speed may or may not be able to
discern what three feet is as they pass a cyclist, whereas our law
allows the driver to use the height of the rider as a visual gauge
for safe distance. I believe that's what the language of the law
intends, rather than implying cyclists just tip over for no reason
(usually).
Eric in Bend
Oregon never passed the 3 foot rule but we got something better in
some ways in ORS 811.065 (passed in 2007)which provides (when speed
limit above 35 mph) cyclists minimum distance such that if cyclist
fell toward passing motorist they would not get hit. Below 35 mph the
law only says a "safe distance", which is a political concession to
Trimet in light of low speed congestion on city streets.
It wouldn't hurt to write a letter to the manager of the truck
driver's company even if you decide not to cite the driver yourself,
which you can do even if the police won't or can't within 6 mo. of the
incident. The Pedal Power book is a pdf on our website and there's a
Passing article on p.7 and a how to guide on prosecuting the driver on
p.103.
On Oct 26, 2009, at 5:56 PM, kellie wrote:
> I had a "near miss" this morning, and was "buzzed" on my way to work
> in NW Beaverton off of Springville Rd. I posted it on bikeportland.
>
> I reported it to the Wash. Co Sheriff's office. The officer said
> that I had the right of way, and the way the truck was driving was
> inappropriate. I won't get into the details of the actual incident,
> but the officer stated that there is no such law on the books in
> Oregon that states that cars must give cyclists a 3 foot barrier
> between the bike and the car.
>
> I thought this had been passed? Am I wrong? The officer was very
> polite ( and I do have his name), and he stated that he has heard
> this from other cyclists before about the 3 foot rule, but said that
> there is no such law.
>
> He did say that he always advises motorists to give the cyclist a
> full lane until there is enough room to pass. I got the lic plate
> #, business name, and reported the driver.
>
> Help me out. Is there a law, or is it still tied up with our folks
> in Salem?
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
When I was going to grad school in Wisconsin, the cyclists would brag about
having a "5 foot rule" between cars and bikes. I never looked it up, so it
could be urban legend. But it seems very logical to me since a cyclist
could easily spread 5 feet if they fell over. Something we can hope for
someday.
Russell Cree, DPT
Coaching I Bike Fitting I Phys Testing I Physical Therapy
Upper Echelon Fitness, LLC
www.upperechelonfitness.com
Phone: 503.501.8121
Fax: 503.345.0999
On Mon, Oct 26, 2009 at 4:12 PM, Robert Anderson wrote:
> You are welcome to share the license plate# and business name if you wish.
> -Rob A
>
> On Mon, Oct 26, 2009 at 2:56 PM, kellie wrote:
>
>> I had a "near miss" this morning, and was "buzzed" on my way to work in NW
>> Beaverton off of Springville Rd. I posted it on bikeportland.
>>
>> I reported it to the Wash. Co Sheriff's office. The officer said that I
>> had the right of way, and the way the truck was driving was inappropriate. I
>> won't get into the details of the actual incident, but the officer stated
>> that there is no such law on the books in Oregon that states that cars must
>> give cyclists a 3 foot barrier between the bike and the car.
>>
>> I thought this had been passed? Am I wrong? The officer was very polite (
>> and I do have his name), and he stated that he has heard this from other
>> cyclists before about the 3 foot rule, but said that there is no such law.
>>
>> He did say that he always advises motorists to give the cyclist a full
>> lane until there is enough room to pass. I got the lic plate #, business
>> name, and reported the driver.
>>
>> Help me out. Is there a law, or is it still tied up with our folks in
>> Salem?
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>
>
>
> --
> Rob Anderson
> riznob@gmail.com
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
Thanks for your help everyone, and the ORS info. I'm going to follow up with the officer I spoke with this morning. I got an apology note from Arbor Homes, and said that they would follow up with the subcontractor.
Parker Concrete is the company and plate # is 565085
What just baffles me the most is that this guy was driving like this as kids were walking to school or waiting for their school bus.
You are welcome to share the license plate# and business name if you wish.
-Rob A
On Mon, Oct 26, 2009 at 2:56 PM, kellie wrote:
> I had a "near miss" this morning, and was "buzzed" on my way to work in NW
> Beaverton off of Springville Rd. I posted it on bikeportland.
>
> I reported it to the Wash. Co Sheriff's office. The officer said that I had
> the right of way, and the way the truck was driving was inappropriate. I
> won't get into the details of the actual incident, but the officer stated
> that there is no such law on the books in Oregon that states that cars must
> give cyclists a 3 foot barrier between the bike and the car.
>
> I thought this had been passed? Am I wrong? The officer was very polite (
> and I do have his name), and he stated that he has heard this from other
> cyclists before about the 3 foot rule, but said that there is no such law.
>
> He did say that he always advises motorists to give the cyclist a full lane
> until there is enough room to pass. I got the lic plate #, business name,
> and reported the driver.
>
> Help me out. Is there a law, or is it still tied up with our folks in
> Salem?
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
--
Rob Anderson
riznob@gmail.com
There is no 3 foot rule in Oregon. Utah has it amongst other states. It has been proposed in the past however has not passed through the statehouse to become a law. The ORS previously listed unsafe passing would apply however if the truck did in fact pass in an unsafe manner as described in the law. That being said it comes down to a he said she said as to whether the violation did in fact occur, then the deputy would have to decide whether to cite the offending operator. You as a citizen have the right to have a citation issued to the offending driver for a violation, but there is a process that many law enforcement folks don't advertise and/or don't really know how it works. I know Ray Thomas is very knowledable about this process and can advise best on this, I have a minor understanding of it as well if someone were interested.
Gregg
> Date: Mon, 26 Oct 2009 15:34:51 -0700
> From: jconnors@mpdlaw.com
> To: joec@aracnet.com; scottkivitz@gmail.com
> CC: obra@list.obra.org; kellie.e.rice@gmail.com
> Subject: Re: [OBRA Chat] 3 foot rule between bikes and cars
>
> My quick research of the vehicle code seems to indicate that this
> proposed section didn't get passed ... The 2007- 2008 vehicle code
> section 811.435 talks about exemptions to the prohibition against
> operating a motor vehicle on a bicycle trail and 811.440 talks about
> when motor vehicles may operate on a bicycle lane ... Ray would know the
> details ...
>
> -----Original Message-----
> From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
> Behalf Of Joe Cipale
> Sent: Monday, October 26, 2009 3:22 PM
> To: Scott Kivitz
> Cc: obra@list.obra.org; kellie
> Subject: Re: [OBRA Chat] 3 foot rule between bikes and cars
>
> Ray Thomas would be a good help here.
>
> Scott Kivitz wrote:
>
> > I also saw the bill you were referring to - maybe an attorney could
> > jump in here.. Engineers who fight traffic tickets aren't exactly good
>
> > sources for legal information..
> >
> > 74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session Senate Bill
> > 299
> >
> > A BILL FOR AN ACT
> > Relating to bicycles; creating new provisions; and amending ORS
> > 811.420, 811.440 and 814.410.
> > [...]
> > SECTION 3. { + (1) The driver of a motor vehicle commits the offense
> > of unsafe passing of a person operating a bicycle if, when passing or
> > overtaking a person operating a bicycle proceeding in the same
> > direction, the driver fails to leave at least three feet between the
> > motor vehicle and the person operating the bicycle.
> > (2) The offense described in this section, unsafe passing of a
> > person operating a bicycle, is a Class B traffic violation. + }
> >
> > Ok, clearly over my head - did this make it to law?
> > Hello Bicycle Attorney?
> > _______________________________________________
> > OBRA mailing list
> > obra@list.obra.org
> > http://list.obra.org/mailman/listinfo/obra
> > Unsubscribe: obra-unsubscribe@list.obra.org
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
_________________________________________________________________
Windows 7: It helps you do more. Explore Windows 7.
http://www.microsoft.com/Windows/windows-7/default.aspx?ocid=PID24727::T:WLMTAGL:ON:WL:en-US:WWL_WIN_evergreen3:102009
I can't say I know the legal ins and outs, but I can speak as someone
who just read the DMV handbook within the past week. In there it says
this:
"When you are traveling at a speed of 35 mph or greater, you may only
pass a bicyclist when the passing distance is sufficient to prevent
contact with the person operating the bicycle if the person were to
fall into the driver’s lane."
Which is obviously more than 3', unless your bike is REALLY short.
Max Kirchoff
http://www.maxmeansmore.com
http://www.maxisnow.com
On Mon, Oct 26, 2009 at 3:34 PM, John Connors wrote:
> My quick research of the vehicle code seems to indicate that this
> proposed section didn't get passed ... The 2007- 2008 vehicle code
> section 811.435 talks about exemptions to the prohibition against
> operating a motor vehicle on a bicycle trail and 811.440 talks about
> when motor vehicles may operate on a bicycle lane ... Ray would know the
> details ...
>
> -----Original Message-----
> From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
> Behalf Of Joe Cipale
> Sent: Monday, October 26, 2009 3:22 PM
> To: Scott Kivitz
> Cc: obra@list.obra.org; kellie
> Subject: Re: [OBRA Chat] 3 foot rule between bikes and cars
>
> Ray Thomas would be a good help here.
>
> Scott Kivitz wrote:
>
>> I also saw the bill you were referring to - maybe an attorney could
>> jump in here.. Engineers who fight traffic tickets aren't exactly good
>
>> sources for legal information..
>>
>> 74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session Senate Bill
>> 299
>>
>> A BILL FOR AN ACT
>> Relating to bicycles; creating new provisions; and amending ORS
>> 811.420, 811.440 and 814.410.
>> [...]
>> SECTION 3. { + (1) The driver of a motor vehicle commits the offense
>> of unsafe passing of a person operating a bicycle if, when passing or
>> overtaking a person operating a bicycle proceeding in the same
>> direction, the driver fails to leave at least three feet between the
>> motor vehicle and the person operating the bicycle.
>> (2) The offense described in this section, unsafe passing of a
>> person operating a bicycle, is a Class B traffic violation. + }
>>
>> Ok, clearly over my head - did this make it to law?
>> Hello Bicycle Attorney?
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
My quick research of the vehicle code seems to indicate that this
proposed section didn't get passed ... The 2007- 2008 vehicle code
section 811.435 talks about exemptions to the prohibition against
operating a motor vehicle on a bicycle trail and 811.440 talks about
when motor vehicles may operate on a bicycle lane ... Ray would know the
details ...
-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Joe Cipale
Sent: Monday, October 26, 2009 3:22 PM
To: Scott Kivitz
Cc: obra@list.obra.org; kellie
Subject: Re: [OBRA Chat] 3 foot rule between bikes and cars
Ray Thomas would be a good help here.
Scott Kivitz wrote:
> I also saw the bill you were referring to - maybe an attorney could
> jump in here.. Engineers who fight traffic tickets aren't exactly good
> sources for legal information..
>
> 74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session Senate Bill
> 299
>
> A BILL FOR AN ACT
> Relating to bicycles; creating new provisions; and amending ORS
> 811.420, 811.440 and 814.410.
> [...]
> SECTION 3. { + (1) The driver of a motor vehicle commits the offense
> of unsafe passing of a person operating a bicycle if, when passing or
> overtaking a person operating a bicycle proceeding in the same
> direction, the driver fails to leave at least three feet between the
> motor vehicle and the person operating the bicycle.
> (2) The offense described in this section, unsafe passing of a
> person operating a bicycle, is a Class B traffic violation. + }
>
> Ok, clearly over my head - did this make it to law?
> Hello Bicycle Attorney?
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org
Ray Thomas would be a good help here.
Scott Kivitz wrote:
> I also saw the bill you were referring to - maybe an attorney could
> jump in here.. Engineers who fight traffic tickets aren't exactly good
> sources for legal information..
>
> 74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
> Senate Bill 299
>
> A BILL FOR AN ACT
> Relating to bicycles; creating new provisions; and amending ORS
> 811.420, 811.440 and 814.410.
> [...]
> SECTION 3. { + (1) The driver of a motor vehicle commits the
> offense of unsafe passing of a person operating a bicycle if,
> when passing or overtaking a person operating a bicycle
> proceeding in the same direction, the driver fails to leave at
> least three feet between the motor vehicle and the person
> operating the bicycle.
> (2) The offense described in this section, unsafe passing of a
> person operating a bicycle, is a Class B traffic violation. + }
>
> Ok, clearly over my head - did this make it to law?
> Hello Bicycle Attorney?
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
I also saw the bill you were referring to - maybe an attorney could
jump in here.. Engineers who fight traffic tickets aren't exactly good
sources for legal information..
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 299
A BILL FOR AN ACT
Relating to bicycles; creating new provisions; and amending ORS
811.420, 811.440 and 814.410.
[...]
SECTION 3. { + (1) The driver of a motor vehicle commits the
offense of unsafe passing of a person operating a bicycle if,
when passing or overtaking a person operating a bicycle
proceeding in the same direction, the driver fails to leave at
least three feet between the motor vehicle and the person
operating the bicycle.
(2) The offense described in this section, unsafe passing of a
person operating a bicycle, is a Class B traffic violation. + }
Ok, clearly over my head - did this make it to law?
Hello Bicycle Attorney?
You can also read more about the law here, along with some explanation.
http://www.stc-law.com/pdf/PP6thEdition.pdf
On Mon, Oct 26, 2009 at 3:07 PM, Scott Kivitz wrote:
> Best I could find was the following from Oregon Revised Statues
> http://www.leg.state.or.us/ors/811.html
>
> *811.065 Unsafe passing of person operating bicycle; penalty.* (1) A
> driver of a motor vehicle commits the offense of unsafe passing of a person
> operating a bicycle if the driver violates any of the following
> requirements:**
>
> (a) The driver of a motor vehicle may only pass a person operating a
> bicycle by driving to the left of the bicycle at a safe distance and
> returning to the lane of travel once the motor vehicle is safely clear of
> the overtaken bicycle. For the purposes of this paragraph, a “safe distance”
> means a distance that is sufficient to prevent contact with the person
> operating the bicycle if the person were to fall into the driver’s lane of
> traffic. This paragraph does not apply to a driver operating a motor
> vehicle:
>
> (A) In a lane that is separate from and adjacent to a designated
> bicycle lane;
>
> (B) At a speed not greater than 35 miles per hour; or
>
> (C) When the driver is passing a person operating a bicycle on the
> person’s right side and the person operating the bicycle is turning left.
>
> (b) The driver of a motor vehicle may drive to the left of the
> center of a roadway to pass a person operating a bicycle proceeding in the
> same direction only if the roadway to the left of the center is unobstructed
> for a sufficient distance to permit the driver to pass the person operating
> the bicycle safely and avoid interference with oncoming traffic. This
> paragraph does not authorize driving on the left side of the center of a
> roadway when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325.
>
> (c) The driver of a motor vehicle that passes a person operating a
> bicycle shall return to an authorized lane of traffic as soon as
> practicable.
>
> (2) Passing a person operating a bicycle in a no passing zone in
> violation of ORS 811.420 constitutes prima facie evidence of commission of
> the offense described in this section, unsafe passing of a person operating
> a bicycle, if the passing results in injury to or the death of the person
> operating the bicycle.
>
> (3) The offense described in this section, unsafe passing of a
> person operating a bicycle, is a Class B traffic violation. [2007 c.794 §2]
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
Best I could find was the following from Oregon Revised Statues
http://www.leg.state.or.us/ors/811.html
*811.065 Unsafe passing of person operating bicycle; penalty.* (1) A driver
of a motor vehicle commits the offense of unsafe passing of a person
operating a bicycle if the driver violates any of the following
requirements:**
(a) The driver of a motor vehicle may only pass a person operating a
bicycle by driving to the left of the bicycle at a safe distance and
returning to the lane of travel once the motor vehicle is safely clear of
the overtaken bicycle. For the purposes of this paragraph, a “safe distance”
means a distance that is sufficient to prevent contact with the person
operating the bicycle if the person were to fall into the driver’s lane of
traffic. This paragraph does not apply to a driver operating a motor
vehicle:
(A) In a lane that is separate from and adjacent to a designated
bicycle lane;
(B) At a speed not greater than 35 miles per hour; or
(C) When the driver is passing a person operating a bicycle on the
person’s right side and the person operating the bicycle is turning left.
(b) The driver of a motor vehicle may drive to the left of the center
of a roadway to pass a person operating a bicycle proceeding in the same
direction only if the roadway to the left of the center is unobstructed for
a sufficient distance to permit the driver to pass the person operating the
bicycle safely and avoid interference with oncoming traffic. This paragraph
does not authorize driving on the left side of the center of a roadway when
prohibited under ORS 811.295, 811.300 or 811.310 to 811.325.
(c) The driver of a motor vehicle that passes a person operating a
bicycle shall return to an authorized lane of traffic as soon as
practicable.
(2) Passing a person operating a bicycle in a no passing zone in
violation of ORS 811.420 constitutes prima facie evidence of commission of
the offense described in this section, unsafe passing of a person operating
a bicycle, if the passing results in injury to or the death of the person
operating the bicycle.
(3) The offense described in this section, unsafe passing of a person
operating a bicycle, is a Class B traffic violation. [2007 c.794 §2]
I had a "near miss" this morning, and was "buzzed" on my way to work in NW Beaverton off of Springville Rd. I posted it on bikeportland.
I reported it to the Wash. Co Sheriff's office. The officer said that I had the right of way, and the way the truck was driving was inappropriate. I won't get into the details of the actual incident, but the officer stated that there is no such law on the books in Oregon that states that cars must give cyclists a 3 foot barrier between the bike and the car.
I thought this had been passed? Am I wrong? The officer was very polite ( and I do have his name), and he stated that he has heard this from other cyclists before about the 3 foot rule, but said that there is no such law.
He did say that he always advises motorists to give the cyclist a full lane until there is enough room to pass. I got the lic plate #, business name, and reported the driver.
Help me out. Is there a law, or is it still tied up with our folks in Salem?
© 2026 Oregon Bicycle Racing Association