Oregon legal advice

Oregon residents who happen to be lawyers (ahem):

Here's the Oregon state law requiring mandatory bike facility use:

--------------------------------------------------------------------

814.420: Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a
person commits the offense of failure to use a bicycle lane or path if
the person operates a bicycle on any portion of a roadway that is not a
bicycle lane or bicycle path when a bicycle lane or bicycle path is
adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the
state or local authority with jurisdiction over the roadway finds, after
public hearing, that the bicycle lane or bicycle path is suitable for
safe bicycle use at reasonable rates of speed. (3) A person is not in
violation of the offense under this section if the person is able to
safely move out of the bicycle lane or path for the purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a pedestrian
that is in the bicycle lane or path and passage cannot safely be made in
the lane or path.

(b) Preparing to execute a left turn at an intersection or into a
private road or driveway.

(c) Avoiding debris or other hazardous conditions.

(d) Preparing to execute a right turn where a right turn is authorized.

-------------------------------------------------------------

Any idea about the risk of tickets if one leaves a bike lane? I've heard
that the hearings called for in section 2 almost never happen, but
relying on that might still require a trip to court, and judges are
sometimes ill informed at best.

Is this similar to rolling a stop sign at 2 mph? That is, something
that's technically illegal but enforced only during "blitzes"? Or does a
cyclist need a really good reason to skip a weird bike facility?

--
- Frank Krygowski

On Sunday, March 25, 2018 at 7:38:44 AM UTC-7, Frank Krygowski wrote:
Oregon residents who happen to be lawyers (ahem):

Here's the Oregon state law requiring mandatory bike facility use:

--------------------------------------------------------------------

814.420: Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a
person commits the offense of failure to use a bicycle lane or path if
the person operates a bicycle on any portion of a roadway that is not a
bicycle lane or bicycle path when a bicycle lane or bicycle path is
adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the
state or local authority with jurisdiction over the roadway finds, after
public hearing, that the bicycle lane or bicycle path is suitable for
safe bicycle use at reasonable rates of speed. (3) A person is not in
violation of the offense under this section if the person is able to
safely move out of the bicycle lane or path for the purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a pedestrian
that is in the bicycle lane or path and passage cannot safely be made in
the lane or path.

(b) Preparing to execute a left turn at an intersection or into a
private road or driveway.

(c) Avoiding debris or other hazardous conditions.

(d) Preparing to execute a right turn where a right turn is authorized.

-------------------------------------------------------------

Any idea about the risk of tickets if one leaves a bike lane? I've heard
that the hearings called for in section 2 almost never happen, but
relying on that might still require a trip to court, and judges are
sometimes ill informed at best.

Is this similar to rolling a stop sign at 2 mph? That is, something
that's technically illegal but enforced only during "blitzes"? Or does a
cyclist need a really good reason to skip a weird bike facility?

https://bikeportland.org/2014/04/15/...ke-lane-104622

Plead guilty and throw yourself on the mercy of the court! Here is the case on the "suitable" part of the statute. http://caselaw.findlaw.com/or-court-...s/1321559.html

Note that the defendant was riding in a Critical Mass ride and tying up one of the main bridges across the Willamette by not taking the bike facility, which is a heavily used, double wide sidewalk. He was probably on a tall bike. I think that says it all for downtown -- but in the 'burbs and Mudford, smokey is diff'nt. Most of the bike laws are enforced when people are being idiots, drunks, etc. The reported cases on the impeding statute all involve Critical Mass, IIRC.

-- Jay Beattie.

On 3/25/2018 7:38 AM, Frank Krygowski wrote:
Oregon residents who happen to be lawyers (ahem):

Here's the Oregon state law requiring mandatory bike facility use:

--------------------------------------------------------------------

814.420: Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a
person commits the offense of failure to use a bicycle lane or path if
the person operates a bicycle on any portion of a roadway that is not a
bicycle lane or bicycle path when a bicycle lane or bicycle path is
adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the
state or local authority with jurisdiction over the roadway finds, after
public hearing, that the bicycle lane or bicycle path is suitable for
safe bicycle use at reasonable rates of speed. (3) A person is not in
violation of the offense under this section if the person is able to
safely move out of the bicycle lane or path for the purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a pedestrian
that is in the bicycle lane or path and passage cannot safely be made in
the lane or path.

(b) Preparing to execute a left turn at an intersection or into a
private road or driveway.

(c) Avoiding debris or other hazardous conditions.

(d) Preparing to execute a right turn where a right turn is authorized.

-------------------------------------------------------------

Any idea about the risk of tickets if one leaves a bike lane? I've heard
that the hearings called for in section 2 almost never happen, but
relying on that might still require a trip to court, and judges are
sometimes ill informed at best.

Is this similar to rolling a stop sign at 2 mph? That is, something
that's technically illegal but enforced only during "blitzes"? Or does a
cyclist need a really good reason to skip a weird bike facility?

Disclaimer: I'm not an Oregon lawyer, nor do I play one on TV. I have
cycled in Oregon for 30+ years.

I've found that using my best judgement about safety (whether that means
using the lane/path or not) generally works well out here. For example,
I routinely ignore a two-way "sidewalk" bike path near here. Only once
have I been called on it:

In my first year in Oregon, I had to cite 814.420(2) to a sheriff's
deputy when I was avoiding a two-way sidewalk path, and riding left of a
shoulder pretty deep with leftover gravel remaining after a snowfall.
They spread a pumice-like fine gravel over ice out here, though they've
started using salt this year in spots.

The conversation went something like this:

Me-I'm not required to used a bike lane until a hearing is held to find
the lane is safe. When was the hearing held?

Deputy [clearly ignorant of the law]-Who's telling you this?

Me-I read it in the vehicle code.

Deputy- I'm telling you you're safer on the bike path.

Me-It would be a pain in the ass to go to court and have the judge read
you the law, but if that's what we have to do, I'll do it.

Deputy - Wait here.
[Goes and speaks on car radio for an extended period]
Vague words of concession, then: but I still think you're safer on
the bike path.

Afterward I wrote a long complaining letter to the sheriff that: his
deputy was plainly ignorant of the specific vehicle code passage he was
trying to enforce, and that two-way sidewalk paths are dangerous,
particularly when traveling against the nearby traffic. I think I cited
a Florida study in the letter. The sheriff called back and said "I
would like to deal with this through education [of deputies, I presume].
Never heard another word about it.

Postscript: ISTR that about 15-20 years later, the Oregon Court of
Appeals found that constructing a path in the first place constituted
sufficient hearing - or something like that. The whole notion depressed
me too much to look into it further [Calling Jay Beattie - can you
better summarize the finding?] It didn't change the way I ride, haven't
had problems in the intervening time.

Mark J.

On 3/25/2018 6:29 PM, jbeattie wrote:


https://bikeportland.org/2014/04/15/...ke-lane-104622

That's one of the things I don't like about bike lanes. Most I've
encountered have more debris than the normal travel lane. I've seen some
with so much debris that the bike lane icon was unreadable.

But overall, it sounds like Oregon police are reasonable about leaving
the bike lane; or, perhaps, can't be bothered to ticket that offense.

I've mentioned watching a wrong-way rider zoom downhill, through a red
light, cut diagonally across the center of an intersection of two
four-lane streets and continue on the proper side of the street. In
doing so, he crossed directly in front of a police car waiting to turn
left. The cops did nothing.

So ignoring the mandatory bike lane law (except for protest events like
Critical Mass) is pretty much what I expected. Thanks.

--
- Frank Krygowski

On 2018-03-25 07:38, Frank Krygowski wrote:
Oregon residents who happen to be lawyers (ahem):

Here's the Oregon state law requiring mandatory bike facility use:

--------------------------------------------------------------------

814.420: Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a
person commits the offense of failure to use a bicycle lane or path if
the person operates a bicycle on any portion of a roadway that is not a
bicycle lane or bicycle path when a bicycle lane or bicycle path is
adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the
state or local authority with jurisdiction over the roadway finds, after
public hearing, that the bicycle lane or bicycle path is suitable for
safe bicycle use at reasonable rates of speed. (3) A person is not in
violation of the offense under this section if the person is able to
safely move out of the bicycle lane or path for the purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a pedestrian
that is in the bicycle lane or path and passage cannot safely be made in
the lane or path.

(b) Preparing to execute a left turn at an intersection or into a
private road or driveway.

(c) Avoiding debris or other hazardous conditions.

(d) Preparing to execute a right turn where a right turn is authorized.

-------------------------------------------------------------

Any idea about the risk of tickets if one leaves a bike lane?


Even in Oregon it seems quite real:

https://www.youtube.com/watch?v=dwzVR48nay4

It's just like in California, all it takes is getting a cop p....d at
you or a cop not liking cyclists in general. In California they can
supposedly even book you into jail if you don't have ID, which I find
strange. Not sure what will happen to the bike then.

Now close your eyes again and pretend it ain't happening.

[...]

--
Regards, Joerg

http://www.analogconsultants.com/

On 3/26/2018 6:24 PM, Joerg wrote:
On 2018-03-25 07:38, Frank Krygowski wrote:
Oregon residents who happen to be lawyers (ahem):

Here's the Oregon state law requiring mandatory bike
facility use:

--------------------------------------------------------------------


814.420: Failure to use bicycle lane or path; exceptions;
penalty.

(1) Except as provided in subsections (2) and (3) of this
section, a
person commits the offense of failure to use a bicycle
lane or path if
the person operates a bicycle on any portion of a roadway
that is not a
bicycle lane or bicycle path when a bicycle lane or
bicycle path is
adjacent to or near the roadway.

(2) A person is not required to comply with this section
unless the
state or local authority with jurisdiction over the
roadway finds, after
public hearing, that the bicycle lane or bicycle path is
suitable for
safe bicycle use at reasonable rates of speed. (3) A
person is not in
violation of the offense under this section if the person
is able to
safely move out of the bicycle lane or path for the
purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a
pedestrian
that is in the bicycle lane or path and passage cannot
safely be made in
the lane or path.

(b) Preparing to execute a left turn at an intersection or
into a
private road or driveway.

(c) Avoiding debris or other hazardous conditions.

(d) Preparing to execute a right turn where a right turn
is authorized.

-------------------------------------------------------------

Any idea about the risk of tickets if one leaves a bike lane?


Even in Oregon it seems quite real:

https://www.youtube.com/watch?v=dwzVR48nay4

It's just like in California, all it takes is getting a cop
p....d at you or a cop not liking cyclists in general. In
California they can supposedly even book you into jail if
you don't have ID, which I find strange. Not sure what will
happen to the bike then.

Now close your eyes again and pretend it ain't happening.

[...]


From my perusal of LA news, one need only claim to be an
illegal alien (aka 'undocumented') and that running that
stop sign was a "crime of poverty" and that the officer is a
racist which all together should get you county rent and
food stamps instead of a citation.

--
Andrew Muzi
www.yellowjersey.org/
Open every day since 1 April, 1971

On 3/26/2018 7:24 PM, Joerg wrote:
On 2018-03-25 07:38, Frank Krygowski wrote:
Oregon residents who happen to be lawyers (ahem):

Here's the Oregon state law requiring mandatory bike facility use:

--------------------------------------------------------------------

814.420: Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a
person commits the offense of failure to use a bicycle lane or path if
the person operates a bicycle on any portion of a roadway that is not a
bicycle lane or bicycle path when a bicycle lane or bicycle path is
adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the
state or local authority with jurisdiction over the roadway finds, after
public hearing, that the bicycle lane or bicycle path is suitable for
safe bicycle use at reasonable rates of speed. (3) A person is not in
violation of the offense under this section if the person is able to
safely move out of the bicycle lane or path for the purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a pedestrian
that is in the bicycle lane or path and passage cannot safely be made in
the lane or path.

(b) Preparing to execute a left turn at an intersection or into a
private road or driveway.

(c) Avoiding debris or other hazardous conditions.

(d) Preparing to execute a right turn where a right turn is authorized.

-------------------------------------------------------------

Any idea about the risk of tickets if one leaves a bike lane?


Even in Oregon it seems quite real:

https://www.youtube.com/watch?v=dwzVR48nay4

It's just like in California, all it takes is getting a cop p....d at
you or a cop not liking cyclists in general. In California they can
supposedly even book you into jail if you don't have ID, which I find
strange. Not sure what will happen to the bike then.

Now close your eyes again and pretend it ain't happening.

Joerg, are you arguing against yourself? If the presence of a bike lane
means you'd get ticketed for avoiding the debris it harbors, then it
seems stupid to ask for bike lanes!

And yes, debris is a well known disadvantage of bike lanes. I've got
photos of trashy bike lanes next to perfectly clear "normal" travel
lanes. The cars naturally sweep the debris from where their tires pass
over to the bike lane. It sits in the bike lane until the next scheduled
street sweeping. On the eight mile rural lane you wish for, it would sit
there roughly forever.

--
- Frank Krygowski

On Monday, March 26, 2018 at 4:24:31 PM UTC-7, Joerg wrote:
On 2018-03-25 07:38, Frank Krygowski wrote:
Oregon residents who happen to be lawyers (ahem):

Here's the Oregon state law requiring mandatory bike facility use:

--------------------------------------------------------------------

814.420: Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a
person commits the offense of failure to use a bicycle lane or path if
the person operates a bicycle on any portion of a roadway that is not a
bicycle lane or bicycle path when a bicycle lane or bicycle path is
adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the
state or local authority with jurisdiction over the roadway finds, after
public hearing, that the bicycle lane or bicycle path is suitable for
safe bicycle use at reasonable rates of speed. (3) A person is not in
violation of the offense under this section if the person is able to
safely move out of the bicycle lane or path for the purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a pedestrian
that is in the bicycle lane or path and passage cannot safely be made in
the lane or path.

(b) Preparing to execute a left turn at an intersection or into a
private road or driveway.

(c) Avoiding debris or other hazardous conditions.

(d) Preparing to execute a right turn where a right turn is authorized.

-------------------------------------------------------------

Any idea about the risk of tickets if one leaves a bike lane?


Even in Oregon it seems quite real:

https://www.youtube.com/watch?v=dwzVR48nay4

It's just like in California, all it takes is getting a cop p....d at
you or a cop not liking cyclists in general. In California they can
supposedly even book you into jail if you don't have ID, which I find
strange. Not sure what will happen to the bike then.

Now close your eyes again and pretend it ain't happening.

[...]

I do. It's worked nicely for the last 34-35 years, although I did get a ticket for running a light 33 years ago. I was also one of he original board members on the BTA who actually proposed and got passed the safety exception to the statute. We should have gone for a repeal. I don't know if the new and improved Street Trust would have the guts to go for it. https://www.thestreettrust.org/ The BTA was awesomer, and the PPB was onboard with us for the most part.


I've ridden in Ashland without molestation by the police -- but that doesn't mean the police will not find some reason to f*** with you. https://bikeportland.org/2013/10/25/...egon-law-96089 Some of your lauded conservative down-home, wild-west towns in Oregon are the nastiest about enforcing the side-path laws. https://bikeportland.org/2012/08/22/...wer-grab-76324

-- Jay Beattie.

On Sun, 25 Mar 2018 15:42:24 -0700, "Mark J."
wrote:

It didn't change the way I ride, haven't
had problems in the intervening time.

My motto is "I prefer J3 to KCH".

I should update it, since we now helicopter trauma cases to Fort
Wayne.

I wonder what "J2" is or was? "J1" would have to be the museum at
Indiana and Main. What struck me as most interesting was the
half-size bunks in the women's wing -- nobody would be so cruel as to
separate a child from its mother.

--
Joy Beeson
joy beeson at comcast dot net
http://wlweather.net/PAGEJOY/

On 2018-03-26 18:38, Frank Krygowski wrote:
On 3/26/2018 7:24 PM, Joerg wrote:
On 2018-03-25 07:38, Frank Krygowski wrote:
Oregon residents who happen to be lawyers (ahem):

Here's the Oregon state law requiring mandatory bike facility use:

--------------------------------------------------------------------

814.420: Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a
person commits the offense of failure to use a bicycle lane or path if
the person operates a bicycle on any portion of a roadway that is not a
bicycle lane or bicycle path when a bicycle lane or bicycle path is
adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the
state or local authority with jurisdiction over the roadway finds, after
public hearing, that the bicycle lane or bicycle path is suitable for
safe bicycle use at reasonable rates of speed. (3) A person is not in
violation of the offense under this section if the person is able to
safely move out of the bicycle lane or path for the purpose of:

(a) Overtaking and passing another bicycle, a vehicle or a pedestrian
that is in the bicycle lane or path and passage cannot safely be made in
the lane or path.

(b) Preparing to execute a left turn at an intersection or into a
private road or driveway.

(c) Avoiding debris or other hazardous conditions.

(d) Preparing to execute a right turn where a right turn is authorized.

-------------------------------------------------------------

Any idea about the risk of tickets if one leaves a bike lane?


Even in Oregon it seems quite real:

https://www.youtube.com/watch?v=dwzVR48nay4

It's just like in California, all it takes is getting a cop p....d at
you or a cop not liking cyclists in general. In California they can
supposedly even book you into jail if you don't have ID, which I find
strange. Not sure what will happen to the bike then.

Now close your eyes again and pretend it ain't happening.

Joerg, are you arguing against yourself? If the presence of a bike lane
means you'd get ticketed for avoiding the debris it harbors, then it
seems stupid to ask for bike lanes!


There was no debris visible in the video. The officer also said he'll
make another camera pass a ways back. Probably to be able to prove in
court that the bike lane was clear. As they usually are.


And yes, debris is a well known disadvantage of bike lanes.


Out here they are quite clean except for the occasional items fallen
from trucks. Which you also have in the road. You seem to be living in a
filthy neighborhood.


... I've got
photos of trashy bike lanes next to perfectly clear "normal" travel
lanes. The cars naturally sweep the debris from where their tires pass
over to the bike lane. It sits in the bike lane until the next scheduled
street sweeping. On the eight mile rural lane you wish for, it would sit
there roughly forever.


So now you need cars to make your travel routes passable? Why don't you
switch from bikes to a car then?

--
Regards, Joerg

http://www.analogconsultants.com/