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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 814 Pedestrians; Passengers; Livestock; Motorized Wheelchairs; Vehicles With Fewer Than Four Wheels
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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] (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] (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) (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](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)(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](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] (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](Miscellaneous Rights)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] (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) “Blind person” means a person who has 20/200 vision or less, or
a visual field of 20 degrees or less.
(b) “Dog guide” means a dog that is wearing a dog guide harness and
is trained to lead or guide a blind person.
(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 blind or blind and deaf person 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 blind person who is deaf may use a white cane marked by a
six-inch wide chartreuse colored strip at the tip end.
(3) A blind or blind and deaf pedestrian 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] (1) A person commits
the offense of unlawful use of a white cane by a sighted person 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 by a sighted person, is a Class D traffic violation. [1983 c.338
§562; 1985 c.16 §285; 1995 c.383 §89]PASSENGERS (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 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](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 (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]
(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] (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]
(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] (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](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](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](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](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] (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] 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] (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]
(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] (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] (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] (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 (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] 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] (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]
(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] (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] (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] (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] (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] (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]
(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] (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]
(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] (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] 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] (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]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 WHEELCHAIRSEvery 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 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] (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](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]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](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](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] (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](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](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](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 disabled person 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] (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](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](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] (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(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](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]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(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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