Animated Traffic Law

In Oregon, a bicyclist can be ticked for impeding traffic. 811.130 states: “A person commits the offense of impeding traffic
if the person drives a MOTOR VEHICLE or a combination of motor vehicles in a manner that impedes or blocks the normal and reasonable
movement of traffic.” Note “motor vehicle” is being applied here to bicycles. OR App 2002 State vs Potter ruled that the aforementioned statute applies to bicyclists, referring to 814.400 – “Every person riding a bicycle upon a public way is subject to
the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles…” It is often believed by the bicycling community that when a statute refers to a “motor vehicle” it cannot be referencing a bicycle. This ruling shows that belief is incorrect.

A little known law in a majority of states is the requirement of both motorists and bicyclists to stop before crossing a sidewalk
as they enter a street.
The rationale behind the law is to ensure the safety of those road users who may be using the sidewalk. Do your own 5 minute
data study. Watch 20 cars and/or bicycles enter the roadway from a private or public driveway and count (on one hand) how many
actually stop before proceeding across the sidewalk and into the street.

It’s important for cyclists and motorists to understand how the law defines a roadway. Why? Because that is where the law requires a bicyclist
to operate his or her bicycle. Is a roadway synonymous with pavement? Does it include the shoulder? Is it from curb to curb?
Does it include that space designated for parking? What is meant when the law says: “…ride as close as practicable to the right-hand
curb or edge of the roadway…”(UVC) A roadway is defined by the UVC (and most states have adopted this definition) as: “that portion
of a highway used for vehicular travel, exclusive of the sidewalk, berm or shoulder…” In other words, a roadway is simply the lanes of traffic. No more
no less. It’s that section of a road, paved or unpaved, that motor vehicles use to travel on. It is also that section of a street in which a
bicyclist is entitled to and expected to operate h/her bicycle.

If legally riding your bicycle on the sidewalk and about to enter the crosswalk,
what to do? Walk it or bike it? As a general rule, unless city ordinance dictates otherwise, if the law
allows you to ride your bicycle on the sidewalk it also allows you to ride it in the crosswalk.
Why? Because when the law allows a bicycle to travel along the sidewalk it extends to its
operator the same rights and duties as a pedestrian.

Regardless of what you may think of bicycle helmets do know that when your
head hits a solid object at the snail speed of 2.5 mph the force generated
is enough to crack your skull open.

When the law demands a bicyclist to ride to the far right side of the roadway what is meant by roadway?
Most road users assume this means to the far right side of the paved surface regardless if that space is
marked for parking. We assume that if there are no cars utilizing those parking spaces bicyclists should
travel there if safe to do so. Not so. Technically the area on a roadway that allows for parking is not
that “portion of a highway that is improved, designed or ordinarily used for vehicular travel….” In other words,
it is NOT the roadway. That said, streets of all types are under a tremendous amount of pressure to accommodate
all types of road users and modes of transportation. The very design of transportation infrastructures prohibits
proper and equitable use by those of us who use them. This is slowly changing. But it will take time. In the interim
common courtesy and safety mindedness must prevail over the letter of the law.

In Oregon a bicyclist is eligible for a DUII conviction. All that’s needed is a pint or two, maybe a toke
or pill, your bicycle and a public space. One more step and you’re in like Flynn. Fail the Field Sobriety Tests
and Bingo! – you’ve arrived. Possible trinkets to leave the party with are a criminal record, debt, community service and if
you’re lucky – jail time.
Cheers.

For many cyclists, moving into the middle of a traffic lane is uncomfortable.
Everyone has their own reasons for this discomfort. Those reasons range from
incurring the wrath of approaching drivers to appearing rude to getting a traffic ticket.

Take heart. The law is clear in almost every state and is on your side. If riding a bicycle in a traffic lane
that is without a bike lane adjacent to that lane and is too narrow for a bicycle and
motor vehicle to share safely, a bicyclist may legally “take control of the lane.”

How does a cyclist know if the lane is too narrow for a motor vehicle and bicyclist
to share safely? Always apply the following: ride as reasonably safe to
the far right side of the lane and then imagine a motor vehicle passing you at
LEAST 3 feet to your left.* (Don’t forget to ride outside of the door zone of parked cars).
Figure the minimum width of a motor vehicle is 6 ft. If you don’t believe a motor vehicle can
maintain a three foot buffer while passing you in the same lane then you need to take control of the lane.

General rule, if a lane width is 14 ft or less a bicyclist should take control of the lane until that lane widens.

*On a one-way street a bicyclist may ride on the far left side of the roadway.

You’re cruising on your bicycle along the sidewalk. Down the block
a motor vehicle is blocking the sidewalk. The motorist is attempting to merge into traffic.
Is that motorist required to back up and let you motor on by?
Depends on a couple things.
1) Did the motorist slow down and/or stop prior to the sidewalk so as to yield the right-of-way to those using the sidewalk? (In all states a motorist must STOP except in the following five states: California, Colorado, Maine, Nevada, North Carolina).
2) Is it necessary for the motorist’s field of vision to move out across the sidewalk and stop in order to safely merge into traffic?
If the answer is yes to both of these questions, then the answer to whether or not a motorist need back up when you come cruis’n along on your bicycle is – no.

One of the best ways a bicyclist can avoid being hit by a motorist is to
drive his/her bicycle as if they were the approaching motorist.
Many bicyclists tootle around town with self-absorbed blinders. They believe
motorists should respect their right to the road. Fair enough. So there they
pitch their flag and bike where they have the legal right. Problem is, it doesn’t
always make for the safest riding. Consider the context: what type of road is
it, traffic volume, visibility, what other factors does that approaching motorist have to contend with? Being a defensive driver means being much larger than just yourself. It means not only driving your vehicle, but those all around you.