The Law of Sidewalks


 

People that bike, walk (or roll, in the case of wheelchair and electric scooter users) share sidewalks every day, motor vehicle operators pass through these areas, and the combined modes frequently cause conflict and confusion.  Oregon law, however, is very clear on right of way and the legal conduct required when you are bicycling on sidewalks.

Bicycle operators travel much faster than walkers and require considerably greater distance to turn and stop.  When bicycle traffic is constricted, such as on bridges and other multi-use paths, the inevitable congestion magnifies the impact of the small steering or control mistakes that lead to occasional collisions.

Historically, many villages and cities have identified their highest areas of walkers and declared them off limits to bicycles.  In Portland, bicycling on the sidewalk is prohibited in the area within SW Jefferson Street, Naito Parkway, NW Hoyt Street and 13th Avenue (except in the Park Blocks, on bridges and multi-use paths.)  However there are no warning signs to define these boundaries and (as a result) an almost universal ignorance and disregard of the law.  This creates an uncertain environment for everyone that guarantees selective and uneven enforcement.

While New York City prohibits bicycling on sidewalks for people over 14 years of age, a more recent law includes a pedestrian-endangerment provision carrying a $300.00 fine or 20 days in jail and bike impoundment.  Physical contact with a pedestrian results in a $600.00 fine or 20 days imprisonment and bike impoundment.  While protecting pedestrians from injuries is a laudable goal, in an average year in New York City (2011 population 8.2 million), bicycles kill no pedestrians and injure fewer than 200.  In the same average year motor vehicles kill 200 walkers and injure 11,000.  Clearly, the safety hazard associated with bicycling on sidewalks is more of an annoyance than a high-level, life-threatening risk, at least when compared to motor-vehicle/pedestrian hazards.

The law is clear.

The law is clear that people who are walking have the right of way on sidewalks and people on bikes must yield to them and provide an audible signal when they pass.  And both walkers and persons on bikes share the same right-of-way over motorized vehicles, but persons on bikes are limited by the Oregon Vehicle Code to “no greater than a walking speed” when “approaching or entering” a crosswalk, driveway, curb cut, or pedestrian ramp where there is oncoming vehicle traffic.  Walkers and persons on bikes also share the right-of-way over any other road user when they are in marked or unmarked cross walks.

ORS 814.410 Unsafe operation of bicycle on sidewalk

(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.

People riding bikes on the roadway sometimes fail to yield to sidewalk users attempting to cross in marked and unmarked crosswalks. ORS 811.020 prohibits passing another vehicle stopped at a crosswalk for a pedestrian, but bicycle operators sometimes disregard this provision (to the consternation of some pedestrians).  Bicycle riders may be on a higher moral plane than other vehicles but they are still vehicles and must stop like other vehicles for people in crosswalks.  Other riders demonstrate their trick riding skills by weaving around clusters of alarmed pedestrians on the sidewalk, which can trigger a careless riding violation under ORS 814.410(1)(c).

When the rules are followed, sidewalk bicycle riding can be a cooperative venture.  When people are aware of the laws – and more important when they follow them – the sidewalk provides an important artery for non-motorized travel, including people on bucycles.

People that bike, walk (or roll, in the case of wheelchair and electric scooter users) share sidewalks every day, motor vehicle operators pass through these areas, and the combined modes frequently cause conflict and confusion.  Oregon law, however, is very clear on right of way and the legal conduct required when you are bicycling on sidewalks.

Bicycle operators travel much faster than walkers and require considerably greater distance to turn and stop.  When bicycle traffic is constricted, such as on bridges and other multi-use paths, the inevitable congestion magnifies the impact of the small steering or control mistakes that lead to occasional collisions.

Historically, many villages and cities have identified their highest areas of walkers and declared them off limits to bicycles.  In Portland, bicycling on the sidewalk is prohibited in the area within SW Jefferson Street, Naito Parkway, NW Hoyt Street and 13th Avenue (except in the Park Blocks, on bridges and multi-use paths.)  However there are no warning signs to define these boundaries and (as a result) an almost universal ignorance and disregard of the law.  This creates an uncertain environment for everyone that guarantees selective and uneven enforcement.

While New York City prohibits bicycling on sidewalks for people over 14 years of age, a more recent law includes a pedestrian-endangerment provision carrying a $300.00 fine or 20 days in jail and bike impoundment.  Physical contact with a pedestrian results in a $600.00 fine or 20 days imprisonment and bike impoundment.  While protecting pedestrians from injuries is a laudable goal, in an average year in New York City (2011 population 8.2 million), bicycles kill no pedestrians and injure fewer than 200.  In the same average year motor vehicles kill 200 walkers and injure 11,000.  Clearly, the safety hazard associated with bicycling on sidewalks is more of an annoyance than a high-level, life-threatening risk, at least when compared to motor-vehicle/pedestrian hazards.

The law is clear.

The law is clear that people who are walking have the right of way on sidewalks and people on bikes must yield to them and provide an audible signal when they pass.  And both walkers and persons on bikes share the same right-of-way over motorized vehicles, but persons on bikes are limited by the Oregon Vehicle Code to “no greater than a walking speed” when “approaching or entering” a crosswalk, driveway, curb cut, or pedestrian ramp where there is oncoming vehicle traffic.  Walkers and persons on bikes also share the right-of-way over any other road user when they are in marked or unmarked cross walks.

ORS 814.410 Unsafe operation of bicycle on sidewalk

(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.

People riding bikes on the roadway sometimes fail to yield to sidewalk users attempting to cross in marked and unmarked crosswalks. ORS 811.020 prohibits passing another vehicle stopped at a crosswalk for a pedestrian, but bicycle operators sometimes disregard this provision (to the consternation of some pedestrians).  Bicycle riders may be on a higher moral plane than other vehicles but they are still vehicles and must stop like other vehicles for people in crosswalks.  Other riders demonstrate their trick riding skills by weaving around clusters of alarmed pedestrians on the sidewalk, which can trigger a careless riding violation under ORS 814.410(1)(c).

When the rules are followed, sidewalk bicycle riding can be a cooperative venture.  When people are aware of the laws – and more important when they follow them – the sidewalk provides an important artery for non-motorized travel, including people on bicycles.