US Laws, Codes, Statutes & Cases

Chapter 814 — Pedestrians; Passengers; Livestock; Motorized Wheelchairs;

Vehicles With Fewer Than Four Wheels

 

2007 EDITION

 

PEDESTRIANS; MOTORCYCLES; BICYCLES; SCOOTERS

 

OREGON VEHICLE CODE

 

PEDESTRIANS

 

(Traffic Control Devices)

 

814.010     Appropriate responses to traffic control devices

 

814.020     Failure to obey traffic control device; penalty

 

814.030     Failure to obey bridge or railroad signal; penalty

 

(Pedestrian Yield)

 

814.040     Failure to yield to vehicle; penalty

 

814.050     Failure to yield to ambulance or emergency vehicle; penalty

 

(Roadway Use)

 

814.060     Failure to use pedestrian tunnel or overhead crossing; penalty

 

814.070     Improper position upon or improperly proceeding along highway; penalty

 

814.080     Unlawful hitchhiking; penalty

 

(Miscellaneous Rights)

 

814.100     Rights of driver and passengers of disabled vehicle on freeway

 

814.110     Rights for persons who are blind or who are blind and deaf

 

814.120     Unlawful use of white cane; penalty

 

PASSENGERS

 

814.130     Passenger obstruction of driver; penalty

 

LIVESTOCK

 

814.140     Application of vehicle laws to animal on roadway

 

814.150     Failure to perform duties of person in charge of livestock on highway; penalty

 

MOPEDS AND MOTORCYCLES

 

814.200     Unlawful operation of motorcycle or moped; penalty

 

814.210     Operation of moped on sidewalk or bicycle trail; penalty

 

814.220     Motorcyclist clinging to another vehicle; penalty

 

814.230     Moped operator or rider clinging to other vehicle; penalty

 

814.240     Motorcycle or moped unlawful passing; penalty

 

814.250     Moped or motorcycle operating more than two abreast; penalty

 

814.260     Failure of moped operator to wear motorcycle helmet; penalty

 

814.269     Failure of motorcycle operator to wear motorcycle helmet; penalty

 

814.275     Failure of motorcycle passenger to wear motorcycle helmet; penalty

 

814.280     Endangering motorcycle passenger; penalty

 

814.290     Exemptions from motorcycle helmet requirements

 

814.310     Illegal alteration of moped; penalty

 

814.320     Failure to display lighted headlights; exceptions; penalty

 

814.325     Carrying passenger on motorcycle; penalty

 

814.330     Carrying passenger on moped; penalty

 

814.340          Riding as passenger on moped; penalty

 

BICYCLES

 

814.400     Application of vehicle laws to bicycles

 

814.405     Status of electric assisted bicycle

 

814.410     Unsafe operation of bicycle on sidewalk; penalty

 

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

 

814.430     Improper use of lanes; exceptions; penalty

 

814.440     Failure to signal turn; exceptions; penalty

 

814.450     Unlawful load on bicycle; penalty

 

814.460     Unlawful passengers on bicycle; penalty

 

814.470     Failure to use bicycle seat; penalty

 

814.480     Nonmotorized vehicle clinging to another vehicle; penalty

 

814.484     Meaning of “bicycle” and “operating or riding on a highway”

 

814.485     Failure to wear protective headgear; penalty

 

814.486     Endangering bicycle operator or passenger; penalty

 

814.487     Exemptions from protective headgear requirements

 

814.488     Citations; exemption from requirement to pay fine

 

814.489     Use of evidence of lack of protective headgear on bicyclist

 

MOTORIZED WHEELCHAIRS

 

814.500     Rights and duties of person riding motorized wheelchair on bicycle lane or path

 

MOTOR ASSISTED SCOOTERS

 

814.510     Application of vehicle laws to motor assisted scooters

 

814.512     Unlawful operation of motor assisted scooter; penalty

 

814.514     Failure of operator of motor assisted scooter to use bicycle lane or path; exception; penalty

 

814.516     Prohibition on operation of motor assisted scooters in state parks

 

814.518     Improper operation of motor assisted scooter on highway; exceptions; penalty

 

814.520     Improper operation of motor assisted scooter in lane; exceptions; penalty

 

814.522     Failure to signal; exception; penalty

 

814.524     Unsafe operation of motor assisted scooter on sidewalk; penalty

 

814.526     Unsafe operation of motor assisted scooter on bicycle path or lane; penalty

 

814.528     Operation of motor assisted scooter in crosswalk; exception; penalty

 

814.530     Carrying passenger on motor assisted scooter; penalty

 

814.532     Operating motor assisted scooter with unlawful load; penalty

 

814.534     Failure of motor assisted scooter operator to wear protective headgear; exception; penalty

 

814.536     Endangering motor assisted scooter operator; penalty

 

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

 

814.550     Application of vehicle laws to electric personal assistive mobility device

 

814.552     Unsafe operation of electric personal assistive mobility device; penalty

 

814.554     Local government and state agency regulation of operation of electric personal assistive mobility devices

 

NONMOTORIZED VEHICLES OTHER THAN BICYCLES

 

814.600     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 operator’s views to the rear, through one or more mirrors and otherwise, or that interferes with the operator’s view to the front or sides or the operator’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 person’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 person’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 operator’s seat.

      (b) Carries a person in a position that interferes with the operation or control of the motorcycle or the operator’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