Matt
I would encourage you to report the event ASAP to police or sheriff. Police if within the city limits, sheriff if within the county, but outside of city.
You will need (ideally) plate, make/model and driver discription as well as what happened.
Also please remember that on 11/9/11 there is a meeting about these issues at the Grange out there, and I'd encourage interested people to go. event info here:
http://bikeportland.org/2011/10/05/community-forum-will-discuss-skyline-blvd-traffic-safety-issues-59972
As for the facts and law, this is what you are looking for:
the statute addressing the ability of motorists to cross a
double yellow line when something is obstructing their lane. The statute you
want is 811.420:
811.420 Passing in no passing zone; exceptions;
penalty. (1) A person commits the offense of passing in a no passing
zone if the person drives a vehicle on the left side of a roadway in a no
passing zone that has been established and designated to prohibit such
movements by appropriate signs or markings posted on the roadway.
(2) The authority to establish and
post no passing zones for purposes of this section is established under ORS
810.120.
(3) The provisions of this section
do not apply under any of the following circumstances:
(a) When a driver turns left into
or from an alley, intersection, private road or driveway.
(b) When an obstruction or
condition exists making it necessary to drive to the left of the center of the
roadway provided that a driver doing so shall yield the right of way to all
vehicles traveling in the proper direction upon the unobstructed portion of the
roadway within a distance that would constitute an immediate hazard.
(4) The offense described in this
section, passing in a no passing zone, is a Class B traffic violation. [1983
c.338 §639; 1985 c.16 §316]
However, there are other statutes and facts to be argued
here. Rock Creek Rd. is a curvy, 2-lane road divided by a double yellow line.
The speed limit is probably 45-55, and there are very few places for vehicles
(of any size) to pull over to allow a faster vehicle to pass. It’s likely that
a motor vehicle will travel faster on that road than a bicycle. Therefore:
· The bicyclist, if s/he is traveling
significantly under the speed limit, is required by law to pull over to let the
other traffic pass when it is safe to do so. ORS 811.425
· 811.425 Failure of slower driver
to yield to overtaking vehicle; penalty. (1) A person commits
the offense of failure of a slower driver to yield to overtaking vehicle if the
person is driving a vehicle and the person fails to move the person’s vehicle
off the main traveled portion of the highway into an area sufficient for safe
turnout when:
· (a) The driver of the overtaken
vehicle is proceeding at a speed less than a speed established in ORS 811.105
as prima facie evidence of violation of the basic speed rule;
· (b) The driver of the overtaking
vehicle is proceeding at a speed in conformity with ORS 811.105;
· (c) The highway is a two
directional, two-lane highway; and
· (d) There is no clear lane for
passing available to the driver of the overtaking vehicle.
· (2) This section does not apply to
the driver of a vehicle in a funeral procession.
· (3) The offense described in this
section, failure of a slower driver to yield to overtaking vehicle, is a Class
B traffic violation.
This is the part where the curves and narrow or non-existent
shoulders of the road, the relative speeds of vehicles involved (also weather
conditions, road conditions, and capacity of vehicles) come into play. Each
driver is required to exercise due care. ORS 811.005 – which is not exactly
on-point b/c it doesn’t address bicyclists.
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 exercise
due care concerning pedestrians.
All this is to say that 811.065 still appears to govern,
especially when read with 811.005, which is within the peds/bikes section, even
if it doesn’t say bicyclists specifically.
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]
Note: 811.065
was added to and made a part of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any series therein. See Preface to
Oregon Revised Statutes for further explanation.
Mark J. Ginsberg
Berkshire Ginsberg, LLC
Attorneys At Law
1216 SE Belmont St.
Portland, OR 97214
(503) 542-3000
Fax (503) 233-6874
markjginsberg@yahoo.com
www.bikesafetylaw.com
________________________________
From: Mathew Braun
To: "obra@list.obra.org"
Sent: Wednesday, October 12, 2011 3:15 PM
Subject: [OBRA Chat] rock creek
good day all,
i had my first run in with the rock creek feller today. well actually not THE rock creek feller but his cohort who shared the same knowledge of the law. it was a bit unsettling to say the least. our interaction occurred just below rock creek on old cornelius.
does anyone have that thread still of the links to the laws about bicycles not being defined as vehicles. i knew i should have saved that one.
thanks very much and heads up when you're over in that area.
-mat
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