2007 Oregon Code - Chapter 814 :: Chapter 814 - Pedestrians - Passengers - Livestock - Motorized Wheelchairs - Vehicles With Fewer Than Four Wheels
Chapter 814 —
Pedestrians; Passengers; Livestock; Motorized Wheelchairs;
Vehicles With
Fewer Than Four Wheels
2007 EDITION
PEDESTRIANS; MOTORCYCLES; BICYCLES; SCOOTERS
PEDESTRIANS
(Traffic Control Devices)
814.010Â Â Â Â Appropriate
responses to traffic control devices
814.020Â Â Â Â Failure
to obey traffic control device; penalty
814.030Â Â Â Â Failure
to obey bridge or railroad signal; penalty
(Pedestrian Yield)
814.040Â Â Â Â Failure
to yield to vehicle; penalty
814.050Â Â Â Â Failure
to yield to ambulance or emergency vehicle; penalty
(Roadway Use)
814.060Â Â Â Â Failure
to use pedestrian tunnel or overhead crossing; penalty
814.070Â Â Â Â Improper
position upon or improperly proceeding along highway; penalty
814.080Â Â Â Â Unlawful
hitchhiking; penalty
(Miscellaneous Rights)
814.100Â Â Â Â Rights
of driver and passengers of disabled vehicle on freeway
814.110Â Â Â Â Rights
for persons who are blind or who are blind and deaf
814.120Â Â Â Â Unlawful
use of white cane; penalty
PASSENGERS
814.130Â Â Â Â Passenger
obstruction of driver; penalty
LIVESTOCK
814.140Â Â Â Â Application
of vehicle laws to animal on roadway
814.150Â Â Â Â Failure
to perform duties of person in charge of livestock on highway; penalty
MOPEDS AND MOTORCYCLES
814.200Â Â Â Â Unlawful
operation of motorcycle or moped; penalty
814.210Â Â Â Â Operation
of moped on sidewalk or bicycle trail; penalty
814.220Â Â Â Â Motorcyclist
clinging to another vehicle; penalty
814.230Â Â Â Â Moped
operator or rider clinging to other vehicle; penalty
814.240Â Â Â Â Motorcycle
or moped unlawful passing; penalty
814.250Â Â Â Â Moped
or motorcycle operating more than two abreast; penalty
814.260Â Â Â Â Failure
of moped operator to wear motorcycle helmet; penalty
814.269Â Â Â Â Failure
of motorcycle operator to wear motorcycle helmet; penalty
814.275Â Â Â Â Failure
of motorcycle passenger to wear motorcycle helmet; penalty
814.280Â Â Â Â Endangering
motorcycle passenger; penalty
814.290Â Â Â Â Exemptions
from motorcycle helmet requirements
814.310Â Â Â Â Illegal
alteration of moped; penalty
814.320Â Â Â Â Failure
to display lighted headlights; exceptions; penalty
814.325Â Â Â Â Carrying
passenger on motorcycle; penalty
814.330Â Â Â Â Carrying
passenger on moped; penalty
814.340
Riding
as passenger on moped; penalty
BICYCLES
814.400Â Â Â Â Application
of vehicle laws to bicycles
814.405Â Â Â Â Status
of electric assisted bicycle
814.410Â Â Â Â Unsafe
operation of bicycle on sidewalk; penalty
814.420Â Â Â Â Failure
to use bicycle lane or path; exceptions; penalty
814.430Â Â Â Â Improper
use of lanes; exceptions; penalty
814.440Â Â Â Â Failure
to signal turn; exceptions; penalty
814.450Â Â Â Â Unlawful
load on bicycle; penalty
814.460Â Â Â Â Unlawful
passengers on bicycle; penalty
814.470Â Â Â Â Failure
to use bicycle seat; penalty
814.480Â Â Â Â Nonmotorized
vehicle clinging to another vehicle; penalty
814.484Â Â Â Â Meaning
of “bicycle” and “operating or riding on a highway”
814.485Â Â Â Â Failure
to wear protective headgear; penalty
814.486Â Â Â Â Endangering
bicycle operator or passenger; penalty
814.487Â Â Â Â Exemptions
from protective headgear requirements
814.488Â Â Â Â Citations;
exemption from requirement to pay fine
814.489Â Â Â Â Use
of evidence of lack of protective headgear on bicyclist
MOTORIZED WHEELCHAIRS
814.500Â Â Â Â Rights
and duties of person riding motorized wheelchair on bicycle lane or path
MOTOR ASSISTED SCOOTERS
814.510Â Â Â Â Application
of vehicle laws to motor assisted scooters
814.512Â Â Â Â Unlawful
operation of motor assisted scooter; penalty
814.514Â Â Â Â Failure
of operator of motor assisted scooter to use bicycle lane or path; exception;
penalty
814.516Â Â Â Â Prohibition
on operation of motor assisted scooters in state parks
814.518Â Â Â Â Improper
operation of motor assisted scooter on highway; exceptions; penalty
814.520Â Â Â Â Improper
operation of motor assisted scooter in lane; exceptions; penalty
814.522Â Â Â Â Failure
to signal; exception; penalty
814.524Â Â Â Â Unsafe
operation of motor assisted scooter on sidewalk; penalty
814.526Â Â Â Â Unsafe
operation of motor assisted scooter on bicycle path or lane; penalty
814.528Â Â Â Â Operation
of motor assisted scooter in crosswalk; exception; penalty
814.530Â Â Â Â Carrying
passenger on motor assisted scooter; penalty
814.532Â Â Â Â Operating
motor assisted scooter with unlawful load; penalty
814.534Â Â Â Â Failure
of motor assisted scooter operator to wear protective headgear; exception;
penalty
814.536Â Â Â Â Endangering
motor assisted scooter operator; penalty
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
814.550Â Â Â Â Application
of vehicle laws to electric personal assistive mobility device
814.552Â Â Â Â Unsafe
operation of electric personal assistive mobility device; penalty
814.554Â Â Â Â Local
government and state agency regulation of operation of electric personal
assistive mobility devices
NONMOTORIZED VEHICLES OTHER THAN BICYCLES
814.600Â Â Â Â Failure
of skateboarder, scooter rider or in-line skater to wear protective headgear;
penalty
PEDESTRIANS
(Traffic Control Devices)
     814.010
Appropriate responses to traffic control devices. This section establishes appropriate pedestrian
responses to specific traffic control devices for purposes of ORS 814.020.
Authority to place traffic control devices is established under ORS 810.210.
Except when acting under the direction of a police officer, a pedestrian is in
violation of ORS 814.020 if the pedestrian makes a response to a traffic
control device that is not permitted under the following:
     (1) A pedestrian facing a traffic control
device with a green light may proceed across the roadway within any marked or
unmarked crosswalk unless prohibited from doing so by other traffic control
devices.
     (2) A pedestrian facing a traffic control
device with a green arrow signal light may proceed across the roadway within
any marked or unmarked crosswalk unless prohibited from doing so by other
traffic control devices.
     (3) A pedestrian facing a traffic control
device with a steady yellow light shall not enter the roadway unless otherwise
directed by a pedestrian control signal.
     (4) A pedestrian facing a traffic control
device with a steady red light shall not enter the roadway unless otherwise
directed by a pedestrian control signal.
     (5) If a traffic control device is erected
and maintained at a place other than an intersection, the provisions of this
section are applicable.
     (6) When a pedestrian control signal
showing the words “Walk” and “Wait” or “Don’t Walk” or any other pedestrian
symbol approved by the Oregon Transportation Commission under ORS 810.200 and
810.210 for the purpose of controlling pedestrian crossing is in place, the signal
indicates and applies as follows:
     (a) If a pedestrian is facing a “Walk”
signal or other symbol approved under ORS 810.200 and 810.210 indicating that
the pedestrian may proceed, the pedestrian may proceed across the roadway in
the direction of the signal.
     (b) A pedestrian shall not start to cross
the roadway in the direction of a signal showing a “Wait” or “Don’t Walk” or
any other symbol approved under ORS 810.200 and 810.210 indicating that the
pedestrian may not proceed. A pedestrian who has started crossing a roadway on
a signal showing “Walk” or any other approved symbol to proceed shall proceed
with dispatch to a sidewalk or safety island while a signal is showing “Wait”
or “Don’t Walk” or any other approved symbol indicating not to proceed. [1983
c.338 §553; 1985 c.16 §282]
     814.020
Failure to obey traffic control device; penalty. (1) A pedestrian commits the offense of
pedestrian failure to obey traffic control devices if the pedestrian does any
of the following:
     (a) Fails to obey any traffic control
device specifically applicable to the pedestrian.
     (b) Fails to obey any specific traffic
control device described in ORS 814.010 in the manner required by that section.
     (2) A pedestrian is not subject to the
requirements of this section if the pedestrian complies with directions of a
police officer.
     (3) The offense described in this section,
pedestrian failure to obey traffic control devices, is a Class D traffic
violation. [1983 c.338 §552; 1995 c.383 §82]
     814.030
Failure to obey bridge or railroad signal; penalty. (1) A pedestrian commits the offense of
pedestrian failure to obey bridge or railroad signal if the pedestrian does any
of the following:
     (a) Enters or remains upon a bridge or
approach to a bridge beyond the bridge signal, gate or barricade after a bridge
operation signal has been given.
     (b) Passes through, around, over or under
any crossing gate or barrier at a bridge or railroad grade crossing while the
gate or barrier is closed or being opened or closed.
     (2) The offense described in this section,
pedestrian failure to obey bridge or railroad signal, is a Class D traffic
violation. [1983 c.338 §554; 1995 c.383 §83]
(Pedestrian
Yield)
     814.040
Failure to yield to vehicle; penalty. (1) A pedestrian commits the offense of pedestrian failure to yield to
a vehicle if the pedestrian does any of the following:
     (a) Suddenly leaves a curb or other place
of safety and moves into the path of a vehicle that is so close as to
constitute an immediate hazard.
     (b) Fails to yield the right of way to a
vehicle upon a roadway when the pedestrian is crossing the roadway at any point
other than within a marked crosswalk or an unmarked crosswalk at an
intersection.
     (c) Except as otherwise provided under the
vehicle code, fails to yield the right of way to all vehicles upon the roadway.
     (2) The offense described in this section,
pedestrian failure to yield to a vehicle, is a Class D traffic violation. [1983
c.338 §555; 1995 c.383 §84]
     814.050
Failure to yield to ambulance or emergency vehicle; penalty. (1) A pedestrian commits the offense of
pedestrian failure to yield to an ambulance or emergency vehicle if the
pedestrian does not yield the right of way to:
     (a) An ambulance used in an emergency
situation; or
     (b) An emergency vehicle or an ambulance
upon the approach of the vehicle using a visual signal or audible signal or
both according to requirements under ORS 820.300 or 820.320.
     (2) This section does not relieve the
driver of an ambulance or emergency vehicle from the duty to:
     (a) Drive with due regard for the safety
of all persons using the highway; and
     (b) Exercise due care to avoid colliding
with any pedestrian.
     (3) The offense described in this section,
pedestrian failure to yield to an ambulance or emergency vehicle, is a Class D
traffic violation. [1983 c.338 §556; 1995 c.209 §4; 1995 c.383 §85]
(Roadway Use)
     814.060
Failure to use pedestrian tunnel or overhead crossing; penalty. (1) A pedestrian commits the offense of
failure to use pedestrian tunnel or overhead crossing if the pedestrian crosses
a roadway other than by means of a pedestrian tunnel or overhead pedestrian
crossing when a tunnel or overhead crossing serves the place where the
pedestrian is crossing the roadway.
     (2) The offense described in this section,
failure to use pedestrian tunnel or overhead crossing, is a Class D traffic
violation. [1983 c.338 §557]
     814.070
Improper position upon or improperly proceeding along highway; penalty. (1) A pedestrian commits the offense of
pedestrian with improper position upon or improperly proceeding along a highway
if the pedestrian does any of the following:
     (a) Takes a position upon or proceeds
along and upon the roadway where there is an adjacent usable sidewalk or
shoulder.
     (b) Does not take a position upon or
proceed along and upon the shoulder, as far as practicable from the roadway
edge, on a highway that has an adjacent shoulder area on one or both sides.
     (c) Except in the case of the divided
highway, does not take a position upon or proceed along and upon the left shoulder
and as far as practicable from the roadway edge on a two-way highway that has
no sidewalk and that does have an adjacent shoulder area. This paragraph does
not apply to:
     (A) A hitchhiker who takes a position upon
or proceeds along and upon the right shoulder so long as the hitchhiker does so
facing the vehicles using the adjacent lane of the roadway; or
     (B) A member of a group that has adopted
that section of highway under the provisions of ORS 366.158 and who is obeying
the rules of the Department of Transportation for picking up litter on either
side of the roadway.
     (d) Does not take a position upon or
proceed along and upon the right highway shoulder, as far as practicable from
the roadway edge, on a divided highway that has no sidewalk and does have a
shoulder area. This paragraph does not apply to a member of a group that has
adopted that section of highway under the provisions of ORS 366.158 and who is
obeying the rules of the Department of Transportation for picking up litter on
either side of the roadway.
     (e) Fails to take a position upon or
proceed along and upon a highway that has neither sidewalk nor shoulder
available, as near as practicable to an outside edge of the roadway, and, if
the roadway is a two-way roadway, only on the left side of it.
     (2) This section is subject to the
provisions of ORS 814.100.
     (3) The offense described in this section,
pedestrian with improper position upon or improperly proceeding along a
highway, is a Class D traffic violation. [1983 c.338 §558; 1991 c.486 §4; 1995
c.383 §86]
     814.080
Unlawful hitchhiking; penalty.
(1) A person commits the offense of unlawful hitchhiking if the person is on a
roadway for the purpose of soliciting a ride.
     (2) The offense described in this section,
unlawful hitchhiking, is a Class D traffic violation. [1983 c.338 §559; 1995
c.383 §87]
     814.090 [1983 c.338 §560; 1995 c.383 §88; 1999 c.932
§1; repealed by 2005 c.63 §1]
     814.092 [1999 c.932 §2; repealed by 2005 c.63 §1]
(Miscellaneous
Rights)
     814.100
Rights of driver and passengers of disabled vehicle on freeway. On a freeway on which pedestrian traffic is
prohibited, the driver and passengers of a disabled vehicle stopped on the
freeway may walk to the nearest exit, in either direction, on that side of the
freeway upon which the vehicle is disabled, from which telephone or motor
vehicle repair services are available. [1983 c.338 §561]
     814.110
Rights for persons who are blind or who are blind and deaf. (1) This section establishes rights for
pedestrians who are blind or blind and deaf. The rights established by this
section are enforced by ORS 811.035 and 814.120. The following definitions
apply to this section and to ORS 811.035 and 814.120:
     (a) “Dog guide” means a dog that is
wearing a dog guide harness and is trained to lead or guide a person who is
blind.
     (b) “Person who is blind” means a person
who has 20/200 vision or less, or a visual field of 20 degrees or less.
     (c) “White cane” means a cane or walking
stick that is white in color or white with a red tip.
     (2) This section and ORS 811.035 and
814.120 grant and enforce the following rights for pedestrians who are blind or
blind and deaf:
     (a) A person who is blind or blind and
deaf may carry and use a white cane on the highways and other public places of
this state for the purposes of identification and mobility.
     (b) Any person who is blind and deaf may
use a white cane marked by a six-inch wide chartreuse colored strip at the tip
end.
     (3) A pedestrian who is blind or blind and
deaf and who is not carrying a white cane or not accompanied by a dog guide has
all the rights and privileges granted by law to all pedestrians. [1985 c.16 §284;
2007 c.70 §344]
     814.120
Unlawful use of white cane; penalty. (1) A person commits the offense of unlawful use of a white cane if
the person uses or carries a white cane on the highways or any other public
place of this state and the person is not blind or blind and deaf.
     (2) This section is subject to the
provisions and definitions relating to the rights of pedestrians who are blind
or blind and deaf under ORS 814.110.
     (3) The offense described in this section,
unlawful use of a white cane, is a Class D traffic violation. [1983 c.338 §562;
1985 c.16 §285; 1995 c.383 §89; 2007 c.70 §345]
PASSENGERS
     814.130
Passenger obstruction of driver; penalty. (1) A person commits the offense of passenger obstruction of a driver
if the person is a passenger in a vehicle and the person rides in a position
that interferes with all of the operatorÂ’s views to the rear, through one or
more mirrors and otherwise, or that interferes with the operatorÂ’s view to the
front or sides or the operatorÂ’s control of the driving mechanism.
     (2) The offense described in this section,
passenger obstruction of driver, is a Class C traffic violation. [1983 c.338 §605]
LIVESTOCK
     814.140
Application of vehicle laws to animal on roadway. Every person riding an animal upon a roadway
and every person driving or leading any animal is subject to the provisions of
the vehicle code concerning vehicle equipment and operation of vehicles except
those provisions which by their very nature can have no application. [1983
c.338 §665]
     814.150
Failure to perform duties of person in charge of livestock on highway; penalty. (1) A person commits the offense of failure
to perform the duties of a person in charge of livestock on a highway if the
person fails to do any of the following:
     (a) When riding or leading a horse or
other livestock on the highway, a person must keep a lookout for vehicles and
use caution to keep the animal under control.
     (b) A person in charge of driving a herd
of livestock on or across a highway shall position a person at the front of the
herd to warn drivers that the herd is approaching.
     (c) A person in charge of livestock being
driven on a highway shall use reasonable care and diligence to open the roadway
for vehicular traffic.
     (d) If a horse or other livestock becomes
frightened on a highway, the person riding or leading the livestock shall give
a distress signal to an approaching driver by raising the personÂ’s hand.
     (2) This section is only applicable if the
livestock is an animal of the species of horses, mules, donkeys, cattle, swine,
sheep or goats.
     (3) The offense described in this section,
failure to perform duties of a person in charge of livestock on a highway, is a
Class B traffic violation. [1983 c.338 §667]
MOPEDS AND
MOTORCYCLES
     814.200
Unlawful operation of motorcycle or moped; penalty. (1) A person operating a moped or motorcycle
commits the offense of unlawful moped or motorcycle operation if the person
does any of the following:
     (a) Fails to sit on a permanent and
regular seat attached to the moped or motorcycle.
     (b) Fails to sit astride the moped or
motorcycle seat facing forward and with one leg on each side of the moped or
motorcycle.
     (c) Carries a package, bundle or other
article which prevents the person from keeping both hands on the handlebars.
     (2) The offense described in this section,
unlawful moped or motorcycle operation, is a Class B traffic violation. [1983
c.338 §686; 1987 c.138 §6]
     814.210
Operation of moped on sidewalk or bicycle trail; penalty. (1) A person commits the offense of
operation of a moped on a sidewalk or bicycle trail if the person operates a
moped upon a sidewalk, a bicycle path or a bicycle lane.
     (2) Exemptions to this section are
provided under ORS 811.440.
     (3) The offense described in this section,
operation of a moped on a sidewalk or bicycle trail, is a Class D traffic
violation. [1983 c.338 §644]
     814.220
Motorcyclist clinging to another vehicle; penalty. (1) A person commits the offense of
motorcyclist clinging to another vehicle if the person is riding upon a
motorcycle that is not disabled and being towed and the person attaches a part
of the personÂ’s self or the motorcycle to any other vehicle on a roadway.
     (2) The offense described in this section,
motorcyclist clinging to another vehicle, is a Class B traffic violation. [1983
c.338 §687; 1985 c.16 §330; 1995 c.383 §90]
     814.230
Moped operator or rider clinging to other vehicle; penalty. (1) A person commits the offense of moped
operator or rider clinging to another vehicle if the person is riding upon or
operating a moped and the person clings to another vehicle upon a roadway or
attaches the moped to any other vehicle upon a roadway.
     (2) The offense described in this section,
moped operator or rider clinging to another vehicle, is a Class D traffic
violation. [1983 c.338 §688]
     814.240
Motorcycle or moped unlawful passing; penalty. (1) A motorcycle operator or moped operator
commits the offense of motorcycle or moped unlawful passing in a lane with a
vehicle if the operator does any of the following:
     (a) Overtakes and passes in the same lane
occupied by the vehicle the operator is overtaking, unless the vehicle being
passed is a motorcycle or a moped.
     (b) Operates a moped or motorcycle between
lanes of traffic or between adjacent lines or rows of vehicles.
     (2) This section does not apply to a
police officer in the performance of official duties.
     (3) The offense described in this section,
motorcycle or moped unlawful passing in a lane with a vehicle, is a Class B
traffic violation. [1983 c.338 §689]
     814.250
Moped or motorcycle operating more than two abreast; penalty. (1) A person commits the offense of
operating a moped or motorcycle more than two abreast if the person is
operating a moped or motorcycle on a roadway laned for traffic and the person
is riding abreast of more than one other motorcycle or moped in the same lane
for traffic.
     (2) The offense described in this section,
moped or motorcycle operating more than two abreast, is a Class B traffic
violation. [1983 c.338 §690]
     814.260
Failure of moped operator to wear motorcycle helmet; penalty. (1) A person commits the offense of failure
of a moped rider to wear a motorcycle helmet if the person:
     (a) Operates or rides on a moped; and
     (b) Is not wearing a motorcycle helmet.
     (2) Exemptions from this section are
established under ORS 814.290.
     (3) This section does not permit
passengers on mopeds in violation of ORS 814.330 or 814.340.
     (4) The offense described in this section,
failure of a moped rider to wear a motorcycle helmet, is a Class D traffic
violation. [1983 c.338 §691; 1985 c.16 §331; 1987 c.910 §4; 1995 c.492 §3]
     814.269
Failure of motorcycle operator to wear motorcycle helmet; penalty. (1) A person commits the offense of failure
of a motorcycle operator to wear a motorcycle helmet if the person operates a
motorcycle and is not wearing a motorcycle helmet.
     (2) Exemptions from this section are
established in ORS 814.290.
     (3) The offense described in this section,
failure of a motorcycle operator to wear a motorcycle helmet, is a Class D
traffic violation. [1987 c.910 §2; 1995 c.492 §4]
     814.270 [1983 c.338 §696; 1985 c.16 §333; repealed
by 1987 c.910 §7]
     814.275
Failure of motorcycle passenger to wear motorcycle helmet; penalty. (1) A person commits the offense of failure
of a motorcycle passenger to wear a motorcycle helmet if the person rides as a
passenger on a motorcycle and is not wearing a motorcycle helmet.
     (2) Exemptions from this section are
established in ORS 814.290.
     (3) The offense described in this section,
failure of a motorcycle passenger to wear a motorcycle helmet, is a Class D
traffic violation. [1987 c.910 §3; 1989 c.283 §1; 1995 c.492 §5]
     814.280
Endangering motorcycle passenger; penalty. (1) A person commits the offense of endangering a motorcycle passenger
if the person is operating a motorcycle and the person carries another person
on the motorcycle who is not wearing a motorcycle helmet.
     (2) Exemptions from this section are
established under ORS 814.290.
     (3) The offense described in this section,
endangering a motorcycle passenger, is a Class D traffic violation. [1983 c.338
§692; 1987 c.910 §5; 1995 c.492 §6]
     814.290
Exemptions from motorcycle helmet requirements. This section establishes exemptions from the
requirements and penalties relating to the use of motorcycle helmets under ORS
814.260 to 814.280. A person is not in violation of ORS 814.260, 814.269,
814.275 or 814.280 if the person is any of the following:
     (1) Within an enclosed cab.
     (2) Operating or riding a vehicle designed
to travel with three wheels in contact with the ground at speeds of less than
15 miles per hour. [1983 c.338 §693; 1987 c.910 §6; 1995 c.492 §7]
     814.300 [1983 c.338 §694; repealed by 1999 c.179 §1]
     814.310
Illegal alteration of moped; penalty. (1) A person commits the offense of illegal alteration of a moped if
the person alters or modifies in any manner a vehicle registered in this state
so that:
     (a) The displacement of the engine is
increased beyond that allowable for a moped under ORS 801.345; or
     (b) The vehicle is capable of moving,
unassisted, at a speed of more than 30 miles per hour on a level road surface.
     (2) The offense described in this section,
illegal alteration of a moped, is a Class C traffic violation. [1983 c.338 §285;
1985 c.16 §117; 1985 c.401 §13]
     814.320
Failure to display lighted headlights; exceptions; penalty. (1) A person commits the offense of failure
to display lighted headlights on a moped or motorcycle at all times, if the
person operates a moped or motorcycle and does not display lights and
illuminated devices specified under ORS 816.320 and 816.330 at all times the
motorcycle or moped is upon a highway.
     (2) A person may use modulating headlights
described under ORS 816.050 during daylight without violating this section, but
a person who uses such modulating headlights during limited visibility
conditions is in violation of this section.
     (3) This section does not apply when
specific exceptions with respect to parked vehicles are made under ORS 811.525.
     (4) A court may dismiss, without penalty,
any charge for violation of this section if the court determines that:
     (a) The violation was caused by a
malfunction of equipment; and
     (b) The equipment that malfunctioned and
caused the violation has been repaired or replaced.
     (5) The offense described in this section,
failure to display lighted headlights on a moped or motorcycle at all times, is
a Class B traffic violation. [1983 c.338 §695; 1985 c.16 §332]
     814.325
Carrying passenger on motorcycle; penalty. (1) A person commits the offense of unlawfully carrying a passenger on
a motorcycle if the person does any of the following:
     (a) Carries on a motorcycle a person who
is not seated on a permanent and regular seat, if the motorcycle is designed to
carry more than one person, or upon another seat attached to the motorcycle at
the rear or side of the operatorÂ’s seat.
     (b) Carries a person in a position that
interferes with the operation or control of the motorcycle or the operatorÂ’s
view.
     (c) Carries a person, other than in a
sidecar or enclosed cab, on a motorcycle with no footrests for that person.
     (2) The offense described in this section,
unlawfully carrying a passenger on a motorcycle, is a Class B traffic
violation. [1987 c.138 §8]
     814.330
Carrying passenger on moped; penalty. (1) A person commits the offense of unlawfully carrying a passenger on
a moped if the person operates a moped on any highway of this state with a
passenger on the moped.
     (2) The offense described in this section,
unlawfully carrying a passenger on a moped, is a Class D traffic violation. [Formerly
487.743]
     814.340
Riding as passenger on moped; penalty. (1) A person commits the offense of unlawfully riding as a passenger
on a moped if the person rides any moped as a passenger on a highway of this
state.
     (2) The offense described in this section,
unlawfully riding as a passenger on a moped, is a Class D traffic violation. [Formerly
487.746]
BICYCLES
     814.400
Application of vehicle laws to bicycles. (1) 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, except:
     (a) Those provisions which by their very
nature can have no application.
     (b) When otherwise specifically provided
under the vehicle code.
     (2) Subject to the provisions of
subsection (1) of this section:
     (a) A bicycle is a vehicle for purposes of
the vehicle code; and
     (b) When the term “vehicle” is used the
term shall be deemed to be applicable to bicycles.
     (3) The provisions of the vehicle code
relating to the operation of bicycles do not relieve a bicyclist or motorist
from the duty to exercise due care. [1983 c.338 §697; 1985 c.16 §335]
     814.405
Status of electric assisted bicycle. An electric assisted bicycle shall be considered a bicycle, rather
than a motor vehicle, for purposes of the Oregon Vehicle Code, except when
otherwise specifically provided by statute. [1997 c.400 §4]
     814.410
Unsafe operation of bicycle on sidewalk; penalty. (1) A person commits the offense of unsafe
operation of a bicycle on a sidewalk if the person does any of the following:
     (a) Operates the bicycle so as to suddenly
leave a curb or other place of safety and move into the path of a vehicle that
is so close as to constitute an immediate hazard.
     (b) Operates a bicycle upon a sidewalk and
does not give an audible warning before overtaking and passing a pedestrian and
does not yield the right of way to all pedestrians on the sidewalk.
     (c) Operates a bicycle on a sidewalk in a
careless manner that endangers or would be likely to endanger any person or
property.
     (d) Operates the bicycle at a speed
greater than an ordinary walk when approaching or entering a crosswalk,
approaching or crossing a driveway or crossing a curb cut or pedestrian ramp
and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian
ramp. This paragraph does not require reduced speeds for bicycles at places on
sidewalks or other pedestrian ways other than places where the path for
pedestrians or bicycle traffic approaches or crosses that for motor vehicle
traffic.
     (e) Operates an electric assisted bicycle
on a sidewalk.
     (2) Except as otherwise specifically
provided by law, a bicyclist on a sidewalk or in a crosswalk has the same
rights and duties as a pedestrian on a sidewalk or in a crosswalk.
     (3) The offense described in this section,
unsafe operation of a bicycle on a sidewalk, is a Class D traffic violation. [1983
c.338 §699; 1985 c.16 §337; 1997 c.400 §7; 2005 c.316 §2]
     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.
     (e) Continuing straight at an intersection
where the bicycle lane or path is to the right of a lane from which a motor
vehicle must turn right.
     (4) The offense described in this section,
failure to use a bicycle lane or path, is a Class D traffic violation. [1983
c.338 §700; 1985 c.16 §338; 2005 c.316 §3]
     814.430
Improper use of lanes; exceptions; penalty. (1) A person commits the offense of improper use of lanes by a bicycle
if the person is operating a bicycle on a roadway at less than the normal speed
of traffic using the roadway at that time and place under the existing
conditions and the person does not ride as close as practicable to the right
curb or edge of the roadway.
     (2) A person is not in violation of the
offense under this section if the person is not operating a bicycle as close as
practicable to the right curb or edge of the roadway under any of the following
circumstances:
     (a) When overtaking and passing another
bicycle or vehicle that is proceeding in the same direction.
     (b) When preparing to execute a left turn.
     (c) When reasonably necessary to avoid
hazardous conditions including, but not limited to, fixed or moving objects,
parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or
other conditions that make continued operation along the right curb or edge
unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow
for a bicycle and vehicle to travel safely side by side. Nothing in this
paragraph excuses the operator of a bicycle from the requirements under ORS
811.425 or from the penalties for failure to comply with those requirements.
     (d) When operating within a city as near
as practicable to the left curb or edge of a roadway that is designated to
allow traffic to move in only one direction along the roadway. A bicycle that
is operated under this paragraph is subject to the same requirements and
exceptions when operating along the left curb or edge as are applicable when a
bicycle is operating along the right curb or edge of the roadway.
     (e) When operating a bicycle alongside not
more than one other bicycle as long as the bicycles are both being operated
within a single lane and in a manner that does not impede the normal and
reasonable movement of traffic.
     (f) When operating on a bicycle lane or
bicycle path.
     (3) The offense described in this section,
improper use of lanes by a bicycle, is a Class D traffic violation. [1983 c.338
§701; 1985 c.16 §339]
     814.440
Failure to signal turn; exceptions; penalty. (1) A person commits the offense of failure to signal for a bicycle
turn if the person does any of the following:
     (a) Stops a bicycle the person is
operating without giving the appropriate hand and arm signal continuously for
at least 100 feet before executing the stop.
     (b) Executes a turn on a bicycle the
person is operating without giving the appropriate hand and arm signal for the
turn for at least 100 feet before executing the turn.
     (c) Executes a turn on a bicycle the
person is operating after having been stopped without giving, while stopped,
the appropriate hand and arm signal for the turn.
     (2) A person is not in violation of the
offense under this section if the person is operating a bicycle and does not
give the appropriate signal continuously for a stop or turn because
circumstances require that both hands be used to safely control or operate the
bicycle.
     (3) The appropriate hand and arm signals
for indicating turns and stops under this section are those provided for other
vehicles under ORS 811.395 and 811.400.
     (4) The offense described under this
section, failure to signal for a bicycle turn, is a Class D traffic violation. [1983
c.338 §703; 1985 c.16 §341]
     814.450
Unlawful load on bicycle; penalty. (1) A person commits the offense of having an unlawful load on a
bicycle if the person is operating a bicycle and the person carries a package,
bundle or article which prevents the person from keeping at least one hand upon
the handlebar and having full control at all times.
     (2) The offense described in this section,
unlawful load on a bicycle, is a Class D traffic violation. [1983 c.338 §704]
     814.460
Unlawful passengers on bicycle; penalty. (1) A person commits the offense of unlawful passengers on a bicycle
if the person operates a bicycle and carries more persons on the bicycle than
the number for which it is designed or safely equipped.
     (2) The offense described in this section,
unlawful passengers on a bicycle, is a Class D traffic violation. [1983 c.338 §705]
     814.470
Failure to use bicycle seat; penalty. (1) A person commits the offense of failure to use a bicycle seat if
the person is operating a bicycle and the person rides other than upon or
astride a permanent and regular seat attached to the bicycle.
     (2) A person operating an electric
personal assistive mobility device is not subject to this section.
     (3) The offense described in this section,
failure to use bicycle seat, is a Class D traffic violation. [1983 c.338 §706;
2003 c.341 §13]
     814.480
Nonmotorized vehicle clinging to another vehicle; penalty. (1) A person commits the offense of
nonmotorized vehicle clinging to another vehicle if the person is riding upon
or operating a bicycle, coaster, roller skates, sled or toy vehicle and the
person clings to another vehicle upon a roadway or attaches that which the
person is riding or operating to any other vehicle upon a roadway.
     (2) The offense described in this section,
nonmotorized vehicle clinging to another vehicle, is a Class D traffic
violation. [1983 c.338 §707]
     814.484
Meaning of “bicycle” and “operating or riding on a highway.” (1) For purposes of ORS 814.485, 814.486,
815.052 and 815.281, “bicycle” has the meaning given in ORS 801.150 except
that:
     (a) It also includes vehicles that meet
the criteria specified in ORS 801.150 (1) to (4) but that have wheels less than
14 inches in diameter.
     (b) It does not include tricycles designed
to be ridden by children.
     (2) For purposes of the offenses defined
in ORS 814.485, 814.486 and 815.281 (2), a person shall not be considered to be
operating or riding on a bicycle on a highway or on premises open to the public
if the person is operating or riding on a three-wheeled nonmotorized vehicle on
a beach while it is closed to motor vehicle traffic. [1993 c.408 §§3a,3b]
     814.485
Failure to wear protective headgear; penalty.
(1) A person
commits the offense of failure of a bicycle operator or rider to wear
protective headgear if the person is under 16 years of age, operates or rides
on a bicycle on a highway or on premises open to the public and is not wearing
protective headgear of a type approved under ORS 815.052.
     (2) Exemptions from this section are as
provided in ORS 814.487.
     (3) The offense described in this section,
failure of a bicycle operator or rider to wear protective headgear, is a
traffic violation punishable by a maximum fine of $25. [1993 c.408 §2; 1995
c.581 §1]
     814.486
Endangering bicycle operator or passenger; penalty. (1) A person commits the offense of
endangering a bicycle operator or passenger if:
     (a) The person is operating a bicycle on a
highway or on premises open to the public and the person carries another person
on the bicycle who is under 16 years of age and is not wearing protective
headgear of a type approved under ORS 815.052; or
     (b) The person is the parent, legal
guardian or person with legal responsibility for the safety and welfare of a
child under 16 years of age and the child operates or rides on a bicycle on a
highway or on premises open to the public without wearing protective headgear of
a type approved under ORS 815.052.
     (2) Exemptions from this section are as
provided in ORS 814.487.
     (3) The offense described in this section,
endangering a bicycle operator or passenger, is a traffic violation punishable
by a maximum fine of $25. [1993 c.408 §3; 1995 c.581 §2]
     814.487
Exemptions from protective headgear requirements. A person is exempt from the requirements
under ORS 814.485 and 814.486 to wear protective headgear, if wearing the
headgear would violate a religious belief or practice of the person. [1995
c.581 §4]
     814.488
Citations; exemption from requirement to pay fine. (1) If a child in violation of ORS 814.485
is 11 years of age or younger, any citation issued shall be issued to the
parent, legal guardian or person with legal responsibility for the safety and
welfare of the child for violation of ORS 814.486, rather than to the child for
violation of ORS 814.485.
     (2) If a child in violation of ORS 814.485
is at least 12 years of age and is under 16 years of age, a citation may be
issued to the child for violation of ORS 814.485 or to the parent, legal
guardian or person with legal responsibility for the safety and welfare of the
child for violation of ORS 814.486, but not to both.
     (3) The first time a person is convicted
of an offense described in ORS 814.485 or 814.486, the person shall not be
required to pay a fine if the person proves to the satisfaction of the court
that the person has protective headgear of a type approved under ORS 815.052. [1993
c.408 §§3c,7]
     814.489
Use of evidence of lack of protective headgear on bicyclist. Evidence of violation of ORS 814.485 or
814.486 and evidence of lack of protective headgear shall not be admissible,
applicable or effective to reduce the amount of damages or to constitute a
defense to an action for damages brought by or on behalf of an injured
bicyclist or bicycle passenger or the survivors of a deceased bicyclist or
passenger if the bicyclist or passenger was injured or killed as a result in
whole or in part of the fault of another. [1993 c.408 §8]
MOTORIZED
WHEELCHAIRS
     814.500
Rights and duties of person riding motorized wheelchair on bicycle lane or
path. Every person riding a
motorized wheelchair on a bicycle lane or path is subject to the provisions
applicable to and has the same rights and duties as the driver of a bicycle
when operating on a bicycle lane or path, except:
     (1) When those provisions which by their
very nature can have no application.
     (2) When otherwise specifically provided
under the vehicle code. [1991 c.417 §3]
MOTOR
ASSISTED SCOOTERS
     814.510
Application of vehicle laws to motor assisted scooters. An operator of a motor assisted scooter upon
a public way is subject to the provisions applicable to, and has the same
rights and duties as the operator of, any other vehicle operating on highways
except:
     (1) Those provisions that by their very
nature can have no application.
     (2) When otherwise specifically provided
under the vehicle code. [2001 c.749 §4]
     814.512
Unlawful operation of motor assisted scooter; penalty. (1) A person operating a motor assisted
scooter commits the offense of unlawful operation of a motor assisted scooter
if:
     (a) The person is under 16 years of age;
or
     (b) The person operates a motor assisted
scooter at a rate of speed exceeding 15 miles per hour.
     (2) The offense described in this section,
unlawful operation of a motor assisted scooter, is a Class D traffic violation.
[2001 c.749 §5]
     814.514
Failure of operator of motor assisted scooter to use bicycle lane or path; exception;
penalty. (1) Except as
provided in subsection (2) of this section, a person commits the offense of
failure of a motor assisted scooter operator to use a bicycle lane or bicycle
path if the person operates a motor assisted scooter 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 subject to this
section if the operation of a motor assisted scooter on a bicycle lane or
bicycle path is prohibited by local ordinance.
     (3) The offense described in this section,
failure of a motor assisted scooter operator to use a bicycle lane or bicycle
path, is a Class D traffic violation. [2001 c.749 §6]
     814.516
Prohibition on operation of motor assisted scooters in state parks. The State Parks and Recreation Department
may restrict or prohibit the operation of a motor assisted scooter on a bicycle
lane or bicycle path in a state park except that the department may not
restrict or prohibit the operation of a motor assisted scooter on a bicycle
lane or bicycle path in a state park if the operator of the motor assisted
scooter is disabled. [2001 c.749 §7]
     814.518
Improper operation of motor assisted scooter on highway; exceptions; penalty. (1) A person commits the offense of improper
operation of a motor assisted scooter on a highway if the person is operating a
motor assisted scooter on a highway with a designated speed limit greater than
25 miles per hour.
     (2) This section does not apply if:
     (a) The person is operating a motor
assisted scooter on a highway with a designated speed limit greater than 25
miles per hour and the person is operating the motor assisted scooter on a
bicycle lane; or
     (b) The person is operating a motor
assisted scooter while crossing a highway with a designated speed limit greater
than 25 miles per hour.
     (3) The offense described in this section,
improper operation of a motor assisted scooter on a highway, is a Class D
traffic violation. [2001 c.749 §8]
     814.520
Improper operation of motor assisted scooter in lane; exceptions; penalty. (1) A person commits the offense of improper
operation of a motor assisted scooter in a lane if the person is operating a
motor assisted scooter on a roadway at less than the normal speed of traffic
using the roadway at that time and place under the existing conditions and the
person does not ride as close as practicable to the right curb or edge of the
roadway.
     (2) A person is not in violation of this
section if the person is not operating a motor assisted scooter as close as
practicable to the right curb or edge of the roadway under any of the following
circumstances:
     (a) When overtaking and passing another
motor assisted scooter or vehicle that is proceeding in the same direction.
     (b) When preparing to execute a left turn.
     (c) When reasonably necessary to avoid
hazardous conditions including, but not limited to, fixed or moving objects,
parked or moving vehicles, pedestrians, animals, surface hazards or other
conditions that make continued operation along the right curb or edge unsafe or
to avoid unsafe operation in a lane on the roadway that is too narrow for a
motor assisted scooter and vehicle to travel safely side by side. Nothing in
this paragraph excuses the operator of a motor assisted scooter from the
requirements under ORS 811.425 or from the penalties for failure to comply with
those requirements.
     (d) When operating within a city as near
as practicable to the left curb or edge of a roadway that is designated to
allow traffic to move in only one direction along the roadway. A motor assisted
scooter that is operated under this paragraph is subject to the same
requirements and exceptions when operating along the left curb or edge as are
applicable when a motor assisted scooter is operating along the right curb or
edge of the roadway.
     (e) When operating a motor assisted
scooter alongside not more than one other motor assisted scooter as long as the
motor assisted scooters are both being operated within a single lane and in a
manner that does not impede the normal and reasonable movement of traffic.
     (f) When operating on a bicycle lane or
bicycle path.
     (3) The offense described in this section,
improper operation of a motor assisted scooter in a lane, is a Class D traffic
violation. [2001 c.749 §9]
     814.522
Failure to signal; exception; penalty. (1) A person commits the offense of failure to signal for a motor
assisted scooter maneuver if the person is operating a motor assisted scooter
and:
     (a) Stops the motor assisted scooter
without giving the appropriate hand and arm signal continuously for at least
100 feet before executing the stop.
     (b) Executes a turn or lane change on the
motor assisted scooter without giving the appropriate hand and arm signal for
the turn at least 100 feet before executing the turn.
     (c) Executes a turn on the motor assisted
scooter after having been stopped without giving, while stopped, the
appropriate hand and arm signal for the turn.
     (2) A person is not in violation of this
section if the person is operating a motor assisted scooter and does not give
the appropriate hand and arm signal continuously for a stop, turn or lane
change because circumstances require that both hands be used to safely control
or operate the motor assisted scooter.
     (3) The appropriate hand and arm signals
for indicating stops, turns and lane changes under this section are those
provided for other vehicles under ORS 811.395 and 811.400.
     (4) The offense described in this section,
failure to signal for a motor assisted scooter maneuver, is a Class D traffic
violation. [2001 c.749 §10]
     814.524
Unsafe operation of motor assisted scooter on sidewalk; penalty. (1) A person commits the offense of unsafe
operation of a motor assisted scooter on a sidewalk if the person operates a
motor assisted scooter on a sidewalk, except to enter or leave adjacent
property, or the person operates a motor assisted scooter on a sidewalk to
enter or leave adjacent property and the person:
     (a) Operates the motor assisted scooter so
as to suddenly leave a curb or other place of safety and move into the path of
a vehicle that is so close as to constitute an immediate hazard.
     (b) Does not give an audible warning
before overtaking and passing a pedestrian or does not yield the right of way
to all pedestrians on the sidewalk.
     (c) Operates the motor assisted scooter in
a careless manner that endangers or would be likely to endanger any person or
property.
     (d) Operates the motor assisted scooter at
a speed greater than an ordinary walk when approaching a crosswalk, approaching
or entering a driveway or crossing a curb cut or pedestrian ramp and a motor
vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp.
     (2) The offense described in this section,
unsafe operation of a motor assisted scooter on a sidewalk, is a Class D
traffic violation. [2001 c.749 §11]
     814.526
Unsafe operation of motor assisted scooter on bicycle path or lane; penalty. (1) A person commits the offense of unsafe
operation of a motor assisted scooter on a bicycle path or bicycle lane if the
person operates a motor assisted scooter on a bicycle path or bicycle lane and
does not give an audible warning before overtaking and passing a pedestrian or
does not yield the right of way to all pedestrians on the bicycle path or
bicycle lane.
     (2) The offense described in this section,
unsafe operation of a motor assisted scooter on a bicycle path or bicycle lane,
is a Class D traffic violation. [2001 c.749 §12]
     814.528
Operation of motor assisted scooter in crosswalk; exception; penalty. (1) A person commits the offense of
operation of a motor assisted scooter in a crosswalk if the person fails to
walk the motor assisted scooter in a crosswalk.
     (2) This section does not apply to a
person with a disability operating a motor assisted scooter in a crosswalk.
     (3) The offense described in this section,
operation of a motor assisted scooter in a crosswalk, is a Class D traffic
violation. [2001 c.749 §13; 2007 c.70 §346]
     814.530
Carrying passenger on motor assisted scooter; penalty. (1) A person commits the offense of carrying
a passenger on a motor assisted scooter if the person operates a motor assisted
scooter and carries another person on the motor assisted scooter.
     (2) The offense described in this section,
carrying a passenger on a motor assisted scooter, is a Class D traffic
violation. [2001 c.749 §14]
     814.532
Operating motor assisted scooter with unlawful load; penalty. (1) A person commits the offense of
operating a motor assisted scooter with an unlawful load if the person is
operating a motor assisted scooter and the person carries a package, bundle or
article that prevents the person from keeping at least one hand upon the
handlebars and having full control at all times.
     (2) The offense described in this section,
operating a motor assisted scooter with an unlawful load, is a Class D traffic
violation. [2001 c.749 §15]
     814.534
Failure of motor assisted scooter operator to wear protective headgear; exception;
penalty. (1) A person
commits the offense of failure of a motor assisted scooter operator to wear
protective headgear if the person operates a motor assisted scooter on a
highway or on premises open to the public and is not wearing protective
headgear of a type approved under ORS 815.052.
     (2) A person is exempt from the protective
headgear requirement of subsection (1) of this section if wearing the headgear
would violate a religious belief or practice of the person.
     (3) The first time a person is convicted
of an offense under this section, the person may not be required to pay a fine
if the person proves to the satisfaction of the court that the person has
protective headgear of a type approved under ORS 815.052.
     (4) The offense described in this section,
failure of a motor assisted scooter operator to wear protective headgear, is a
traffic violation punishable by a maximum fine of $25. [2001 c.749 §16]
     814.536
Endangering motor assisted scooter operator; penalty. (1) A person commits the offense of
endangering a motor assisted scooter operator if the person is the parent,
legal guardian or person with legal responsibility for the safety and welfare
of a child under 16 years of age and authorizes or knowingly permits the child
to operate a motor assisted scooter in violation of ORS 814.512 (1)(a).
     (2) The offense described in this section,
endangering a motor assisted scooter operator, is a traffic violation
punishable by a maximum fine of $25. [2001 c.749 §17]
ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES
     814.550
Application of vehicle laws to electric personal assistive mobility device. (1) An electric personal assistive mobility
device is not a motor vehicle for purposes of the Oregon Vehicle Code, except
when specifically provided by statute.
     (2) A person operating an electric
personal assistive mobility device on a bicycle lane, bicycle path or any part
of a highway is subject to any provisions applicable to and has the same rights
and duties as the driver of a bicycle when operating on a bicycle lane, bicycle
path or any part of a highway, except when otherwise specifically provided by
statute.
     (3) A person operating an electric
personal assistive mobility device on a sidewalk is subject to any provisions
applicable to and has the same rights and duties as a pedestrian on a sidewalk,
except when otherwise specifically provided by statute.
     (4) Subject to the provisions of
subsections (1) to (3) of this section, for purposes of the vehicle code:
     (a) An electric personal assistive
mobility device is a vehicle; and
     (b) When the term “vehicle” is used the
term shall be deemed to be applicable to electric personal assistive mobility
devices, except those provisions that by their very nature can have no
application to the devices.
     (5) The provisions of the vehicle code
relating to the operation of an electric personal assistive mobility device do
not relieve an operator or motorist from the duty to exercise due care. [2003
c.341 §11]
     814.552
Unsafe operation of electric personal assistive mobility device; penalty. (1) A person commits the offense of unsafe
operation of an electric personal assistive mobility device if:
     (a) The person is operating an electric
personal assistive mobility device on a highway that has a designated or posted
speed limit greater than 35 miles per hour or that has no designated or posted
speed limit, and the person is not in a bicycle lane or crossing the highway;
     (b) The person is operating an electric
personal assistive mobility device on a bicycle lane, bicycle path or any part
of a highway at a speed greater than 15 miles per hour;
     (c) The person is operating an electric
personal assistive mobility device on a sidewalk in a careless manner that
endangers or would be likely to endanger any person or property;
     (d) The person is operating an electric
personal assistive mobility device on a bicycle lane, bicycle path, sidewalk or
other premises open to the public and the person carries another person on the
electric personal assistive mobility device;
     (e) The person is operating an electric
personal assistive mobility device at a speed greater than an ordinary walk
when approaching a crosswalk, approaching or entering a driveway or crossing a
curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk,
driveway, curb cut or pedestrian ramp; or
     (f) The person is operating an electric personal
assistive mobility device on a sidewalk and does not give an audible warning
before overtaking and passing a pedestrian and does not yield the right of way
to all pedestrians on the sidewalk.
     (2) The offense described in this section,
unsafe operation of an electric personal assistive mobility device, is a Class
D traffic violation. [2003 c.341 §12]
     814.554
Local government and state agency regulation of operation of electric personal
assistive mobility devices.
Local governments and state agencies having jurisdiction over public highways,
sidewalks, alleys, bridges, trails, recreational roads and other ways of public
passage may regulate by ordinance or rule and by traffic control device the
time, place and manner of operation of electric personal assistive mobility
devices, including prohibiting their use entirely. [2003 c.341 §20]
NONMOTORIZED
VEHICLES OTHER THAN BICYCLES
     814.600
Failure of skateboarder, scooter rider or in-line skater to wear protective
headgear; penalty. (1) A
person commits the offense of failure of a skateboarder, scooter rider or
in-line skater to wear protective headgear if the person is under 16 years of
age, rides on a skateboard or scooter or uses in-line skates on a highway or on
premises open to the public and is not wearing protective headgear of a type
approved under ORS 815.052.
     (2) The offense described in this section,
failure of a skateboarder, scooter rider or in-line skater to wear protective
headgear, is a traffic violation punishable by a maximum fine of $25. [2003
c.106 §1]
     Note: 814.600 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
_______________
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