On Nov 14, 9:03 am, frkry...
> First, Jay, congratulations on the Alice B. Toeclips award.
If you come to Portland, I'll let you touch it.
> Now about the case you're pointing to: "Permanent revocation of driving privileges of person convicted of felony while driving under influence of intoxicants or of multiple driving under influence of intoxicants offenses applies to person convicted of felony or offenses while operating bicycle under influence of intoxicants." Convicted of felony while riding a bike??? Seems a far cry from what we were talking about!
No, you must be looking at another State v. Potter. Here's a summary:
"Defendant participated in a Critical Mass bicycle ride. He was one of
several bicyclists who were traveling westbound on the Hawthorne
Bridge towards downtown Portland. There is a marked bicycle lane on
the bridge. The bicyclists, however, were occupying both of the
westbound traffic lanes. Several officers monitoring the ride
contacted the bicyclists, and one rider was taken into custody. Other
bicyclists stopped in the roadway and were chanting at the officers
who were arresting the rider. Defendant was one of the bicyclists who
were chanting and, like some of the others, was not in the bicycle
lane. Officer Dave Hedges asked defendant to get back on his bike and
continue riding because he was blocking traffic. Defendant refused and
continued yelling at the officers who were taking the other rider into
custody. Hedges arrested defendant, removed him from the crowd, and
cited him for impeding traffic and failing to use the bicycle lane."
Here is the bike lane on the Hawthorne Bridge.
http://www.flickr.com/photos/cafemama/172777330/ Note narrow traffic
lane and metal grate deck. Mr. Critical Mass was appropriately cited.
> Let's review: I'm saying that it's reasonable and legal to enhance one's visibility by moving briefly to lane center when getting ready to pass through an intersection. There are cycling experts throughout the western world who strongly recommend this as a way of discouraging both right hooks and left crosses. I'm also saying that I doubt there have been 100 people in the U.S. ticketed for such a maneuver.
Let's review: no one is saying that momentarily taking the lane -- or
even taking the lane for some duration -- is not legal under
appropriate circumstances. Like I said, the UVC and the Oregon
statute contemplate situations where a cyclist can take the lane. You
just can't promenade, pretending you're a really slow car.
> What are you really saying? That a cyclist should not do that, and should stay to the far right, where they're less visible?http://vimeo.com/32887898
> Are you saying that a cyclist should be ticketed if he does choose to move to lane center for a few seconds, for his own safety? And BTW, do other posters _really_ want a cyclist ticketed for not being a gutter bunny?
Never said any of that. You are making up arguments and scenarios
that don't even merit a response.
> Mionske, on page 136 of his _Bicycling & the Law_ says (after mentioning being hidden at the right), "If you take the entire lane through the intersection, you may be more visible." He mentions the possibility of annoying drivers behind you by slowing them; but of course, there are many intersections where you slow nobody when doing that. And he says "From a legal perspective, taking the lane would be practicable in an intersection if that is what your safety requires." And of course, he says elsewhere that the cyclist has to be the judge of his safety.
> I think several people here need to read the section of Mionske's book beginning on page 57, where he talks about how to interpret as far right as "practicable."
Wow, Bob is one smart guy. I had to go to the Oregon Bicycle Manual
to get that sage advice. http://www.oregon.gov/ODOT/HWY/BIKEPED/docs/bike_manual.pdf
At page 6, with pictures:
"a right hook occurs when a right-turning motorist crosses the path of
through bicyclist at an intersection. while it is legal to pass a line
cars on streets with a bike lane, it is advisable to stop behind the
vehicle, particularly if it’s a large truck, with limited peripheral
streets without bike lanes bicyclists should take the lane at
proceed through the intersection as any other vehicle."
Like I said, you're making straw-man arguments. One more time with
emphasis, a bicyclist in Oregon can take the lane under prescribed
circumstances, subject to the law requiring a slow moving vehicle to
yield -- meaning that a cyclist cannot simply sit in faster moving
traffic. It's clearly spelled out in ORS 814.430 which makes specific
reference to ORS 811.425 (Failure of slower driver to yield to
overtaking vehicle). That statute provides:
Failure of slower driver to yield to overtaking vehicle
(1) A person commits the offense of failure of a slower driver to
yield to overtaking vehicle if the person is driving a vehicle and the
person fails to move the persons vehicle off the main traveled portion
of the highway into an area sufficient for safe turnout when:
(a) The driver of the overtaken vehicle is proceeding at a speed less
than a speed established in ORS 811.105 (Speeds that are evidence of
basic rule violation) as prima facie evidence of violation of the
basic speed rule;
(b) The driver of the overtaking vehicle is proceeding at a speed in
conformity with ORS 811.105 (Speeds that are evidence of basic rule
(c) The highway is a two directional, two-lane highway; and
(d) There is no clear lane for passing available to the driver of the
(2) This section does not apply to the driver of a vehicle in a
(3) The offense described in this section, failure of a slower driver
to yield to overtaking vehicle, is a Class B traffic violation.
When you read all the statutes together, the work really well . . .
bicyclists have to ride as far right as practicable unless they are
traveling at the speed of traffic or there is an obstacle or other
condition explained in ORS 814.430 justifying use of the lane, e.g.:
"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 (Failure of slower driver to yield to
overtaking vehicle) or from the penalties for failure to comply with
> > Also, if I do need a quick answer, I call Ray Thomas or Mark Ginsberg
> > because I know them, and they're dialed in to local law. You go with
> > the people you know. Now, if I were in Ohio, I'd go to you . . . at
> > least to start.
> > I'm totally impressed with Bob's physical prowess and appreciate the
> > time he has devoted to the educating the public on the traffic laws
> > and the rights and responsibilities of bicyclists. I assume he does a
> > great job for his clients, and he writes a good column. But hey, the
> > Chief Justice of the Oregon Supreme Court and the Chief Judge of the
> > Oregon Court of Appeals are guys I used to work with at my firm, so I
> > kind of trust myself in front of those courts more than I might trust
> > others. I think they trust me, too.
> Well, you might want to run this by them. I realize you're in an oddball state where riding in bike lanes is mandatory, so you may want to cover that in your question; i.e., make it clear that we're not talking about a bike lane intersection, & make it clear that I'm describing briefly moving to lane center, to defend against these common crash types by being conspicuous. (Obviously, if the lane were too narrow to safely share, I'd be at lane center anyway. I usually have been on most of Portland's narrow city streets.)
Frank, this is all covered in the f****** statutes -- who needs to
make a phone call? First, nobody ever said you couldn't briefly move
to the center of the lane at an intersection to avoid a right hook.
That is exactly what the green boxes are all about. Even our
"oddball" bike lane statute addresses your made up concern. Did you
Failure to use bicycle lane or path
(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
(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
(4) The offense described in this section, failure to use a bicycle
lane or path, is a Class D traffic violation.
Note Section (3)(e) -- the specific exception to avoid right hooks.
Simple, simple, simple stuff. I could call Bob, or Ray (hey, Bob and
Ray!) or Mark and look like a total idiot after they tell me to read
Again, I might call some guy in Ohio or Indiana or wherever to get a
sense of the local law and some statute or case cites, but even then,
I'm not going to consult a general reference on "Bicycling and the
Law." Bicycling and what law? There are fifty states -- and in most
states (Oregon for example), the legislature has delegated to local
authorities the right to regulate bicycles, including adopting bicycle
traffic laws. The law relating to bicycles in PDX changes on the next
block north of my office. A local ordinance prohibits riding on the
sidewalk in the downtown core -- although I can ride through the park
blocks where the Occupy Portland guys were.
--- Jay Beattie.