Oregon Cycling Magazine

by Ray Thomas

The 2007 Oregon Legislation is considering two bills that would have significant impact on the rights of non-motorized highway users: Senate Bill (SB) 299 and Legislative Counsel (LC) 1292.

The purpose of this article is to provide a brief introduction and overview of the two drafts. It is likely that amendments will change the provisions but bicycle and pedestrian activists are grateful that Oregon law is reflecting what we are all working toward on the street—clear rules of law that make walking and riding safer and encourage people to get out of their cars and use their bodies to go places.

SB 299: Legal Trap?
SB 299 clarifies bicyclist rights on sidewalks and crosswalks by removing the statutory legal trap (which few people knew about) that required a walking speed whenever cars were present. Going that slow defies common sense and the laws of physics. Under the old law, bicyclists were required to go slower than joggers, bladers, boarders, or people pushing baby carriages—so slow that it was difficult to even keep the bike upright. SB 299 would restrict entry speed only for crosswalks and require a reasonable speed for sidewalks.

SB 299: Three Feet
SB 299 also provides a three foot passing rule but makes it clear that motorists may cross the centerline in order to go around slow moving riders. There is also a provision included that allows motorists to use an available bike lane (after first yielding to occupants of the bike lane) in order to go around a dangerous condition or a left turning motorist blocking the traffic lane. Potential safety hazards to bicyclists resulting from allowing motorists into the bicycle lane are presently being studied and may scuttle the left turn provision change.

LC 1292: Sending a signal
LC 1292 creates a new hand and arm signal for pedestrians to use to indicate intention to enter a crosswalk. Since pedestrians are entitled under existing Oregon law to the legal right of way in crosswalks, LC 1292 provides a way for pedestrians to signal intention to cross the street without having to first enter the street (into the path of cars) to see if they are going to actually stop or not. The hand and arm signal will be easy to see, easy to teach, and easy to enforce.

The present version of ORS 811.028 contains no way for the pedestrian to signal intent to exercise their right of way without entering the traffic lane. LC 1292 would add the words, “For the purpose of this section, a pedestrian raising a hand and arm toward oncoming traffic is considered to be entering into a lane,” to ORS 811.028(2).

Current Oregon law (ORS 811.028) requires a pedestrian to “proceed,” “cross,” or “enter” a crosswalk in order to lawfully exercise the right of way. Stepping into the crosswalk is necessary to signal to approaching motor vehicles that the pedestrian is intending to claim the right of way and cross the street. Intersections without a traffic control signal are confusing for both drivers and pedestrians because it is not clear when the pedestrian is going to cross until the person actually steps out into the street. A clear signal is needed so the pedestrian can observe that approaching traffic is going to stop BEFORE the pedestrian is in the path of approaching vehicles.

Raise your hand
LC 1292 would create a clear rule for pedestrians and vehicles. “Raising a hand and arm toward oncoming traffic” becomes a clear visible signal that the pedestrian is intending to cross the street. Using the hand and arm signal is easy to teach and enforce. LC 1292 improves safety because it allows a pedestrian to observe whether approaching traffic is going to stop or not without having to step out into the street in the path of traffic.

Possibly Related

• May 2008: Education is the first step
• May 2008: Blow bells and a Bend din
• September 2008: Clipped in Washington County
• April 2007: Road scholars
• March 2008: What we learned from the Red Pick-Up Guy