A CLE about Oregon bicycle law taught by Oregon bicycle lawyer and Portland personal injury attorney Charley Gee.

1. Charley Gee
Attorney at Law
Email: cgee@stc-law.com
Phone: (503) 228-5222
Websites: www.stc-law.com
www.oregonbikelaw.com
Representing
Bicyclists

2. Types of Representation
Civil – Personal Injury and Property Damage
Civil – Anti-Harassment
Criminal – Traffic Violations
Criminal – Component of Criminal Case

3. Rules of the Road
In Oregon, bicycle operators are subject to all the rules that
apply to motor vehicles. ORS 814.400.
“Motor vehicle” vs. “Vehicle”. State v. Potter, 185 Or. App 81
(2002)
Bicycles subject to both ORS Chp. 811 Rules of the Road and
ORS Chp. 814 rules for bicyclists.

4. First things first: What is a bicycle?
It’s a vehicle! ORS 801.150
No more than three wheels, has a seat or
saddle and is propelled exclusively by human
power (or e-assist).
It’s a bike! It’s a bike!
Not a bike!

5. What gives Oregon bicyclists the right to
use the road?
Bicycles have the “same rights and duties as the driver of
any other vehicle…”. ORS 814.400
Bicyclists’ “Bill of Rights” - ORS 814.430 Improper use of
lanes
You can legally ride “two up” so long as traffic isn’t impeded
State v. Tiffin, 202 Or App 199 (2005)
Ride as far right as “practicable” unless:
•Going speed of traffic
•Lane is narrow
•Passing
•Turning
•One way street (but pick one)
•Hazardous conditions

6. Passing
Passing on the left: A bicyclist may pass another vehicle on the
left, even if it means “taking the lane” or leaving the bicycle
lane. ORS 811.410(1)(a), ORS 814.420(2)(a) and ORS
814.430(2)(a)
Passing on the right: A bicyclist may pass another vehicle on
the right if the bicyclist can “safely make the passage under
the existing conditions.” ORS 811.415(2)(c)
Lanes can be shared by vehicles passing one another.

7. Being Passed
A motor vehicle driver must always pass a bicyclist (or any
other vehicle) on the left, at a safe distance, and in a
reasonable manner at any speed. ORS 811.410
What is a “safe distance”? If the motor vehicle is going over
35MPH it is “the distance sufficient to prevent contact with
the person operating the bicycle if the person were to fall into
the driver’s lane of traffic.” ORS 811.065(1)(a)
Motor vehicles CAN cross a double yellow line to pass you.
ORS 811.420(3)(b) and 811.065 (1)(b).

8. Bike Lanes
Oregon is a mandatory bike lane state, meaning bicyclists
have to use them if they are there. ORS 814.420(1)
Exceptions:
1.Passing
2.Turning
3.Debris or hazards
4.Turn lanes adjacent to bicycle lane
Motor vehicle drivers must yield to bicycles in the bike lane.
ORS 811.050(1)
Motor vehicles are not allowed on the bicycle lane except for
turning or crossing over. ORS 811.440(2)
Motor vehicles are not allowed to park on the bicycle lane
except when actually engaged in loading or unloading goods
or passengers. ORS 811.550(23) and ORS 811.560(2)&(3)
*not in book.

9. Crosswalks
Bicyclists must stop for pedestrians in a crosswalk. ORS
811.028
What’s a crosswalk? “Every corner is a crosswalk”.
Who is crossing? See ORS 811.028(4)

10. Crosswalks – No Crossing Signal
You must stop and wait until the pedestrian has
cleared your lane and the adjacent lane. ORS
811.028(1)(d)

11. Crosswalks – With Crossing
SignalYou must stop and wait until the pedestrian has
cleared your lane and six feet of the adjacent lane.
ORS 811.028(1)(e)

12. Sidewalks
Bicyclists are allowed on the sidewalk except for where they
are specifically prohibited.
A bicyclist must give an audible warning when passing a
pedestrian. ORS 814.410(1)(b)
A bicyclist approaching or entering a crosswalk, or crossing
a driveway or curbcut when a motor vehicle is approaching
cannot go any faster than an ordinary walk. ORS 814.410(1)
(d)
A bicyclist must yield the right of way to pedestrians on a
sidewalk. ORS 811.025
There is no statutory requirement to ride the same direction
as street traffic on a sidewalk.

13. The sidewalk to the street and
back again
Bicycles can go from the street to the sidewalk and then back
to the street (so long as they’re allowed on the sidewalk).
A bicycle cannot leave the sidewalk and enter the street in a
manner that “constitutes an immediate hazard.” ORS
814.410 (1)(a)

14. Signaling
Signals must be made 100 feet before making a turn or stop
UNLESS it is not safe to do so. ORS 814.440(1)(a), (b) & (c)
If you stop, you must signal before proceeding if turning. ORS
814.440(2)

15. Lights and Equipment
When do you have to use lights?:
In limited visibility conditions
ORS 815.280(2)(C)(a) and
ORS 801.325
Front: A white light visible from
500 feet from the front
ORS 815.280(2)(C)(b)
Rear: A red light OR reflector
visible from 600 feet
ORS 815.280(2)(C)(c)
Brakes: You must have “a brake”, even on fixed gear bikes. ORS
815.280(2)(a).

16. Careless Driving and the
Vulnerable Roadway User Law
Not a separate violation
– an enhanced penalty

17. Dangerous Street Drains
ORS 810.150 requires all sewer
drains and storm drains to be
designed and installed so that
bicycle traffic can pass over the
drain safely.
Applies to all drains on public ways,
highways, roads, streets, footpaths,
or bicycle trails.
See the definition of Highway in
ORS 801.305, which includes every
place used or intended for the use
of the general public for vehicular
traffic as a matter of right.

18. Insurance
A bicyclist’s Oregon automobile insurance policy will cover them while riding for
PIP and UIM, but not for liability.
A bicyclist’s homeowner’s or renter’s insurance will cover them while riding for
liability and theft.
A bicyclist in Oregon can access adverse PIP as a tertiary no-fault insurance
source. ORS 742.520(2)(b). See ORS 742.518(6) for definition of pedestrian: “a
person…not occupying a self-propelled vehicle…”.