Every experienced Oregon bicyclist knows that we have a right to the roadway. Our right to the road is the same as any other vehicle, so long as we do not slow down traffic. If we slow down traffic, we have to ride as far to the side as practicable, taking into account the fact that we are able to take the entire lane if necessary to avoid hazards, or where the lane is too narrow to be safely passed. The legal basis for our right to the pavement is ORS 814.430 (improper lane usage) reproduced below as a primer/refresher:
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 or edge of the roadway.
e. When operating a bicycle along side 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 or reasonable movement of traffic.
f. When operating on a bicycle lane or bicycle path.
1. The offense described in this section, improper use of lanes by bicycle, is a Class D traffic infraction.
Okay, so we have a right to the road. How much of the road? While the law is clear that we have to ride as far to the side as practicable if we are going slower than other vehicular traffic, one thing I spend time thinking about as I ride is how much of the road do these drivers think that I have a right to occupy? Every passing car presents a new opportunity to gauge motorized vehicular attitudes. If you would like to join me in this exercise, all you will need is a bicycle, a mirror, and a place to ride with motorized traffic. Many riders choose not to ride with a mirror. I have used either a helmet or handlebar mounted mirror on all of my rides (except off road) for about 15 years. While I can ride a pretty straight line when I turn my head to look behind me, my bike still wobbles a little bit when I turn to take a good look. In an emergency situation there is simply not enough time to take evasive action and, watch what is happening behind the bicycle at the same time.
A mirror allows a rider to watch overtaking vehicles. Aside from the safety considerations (should I go into the weeds or maintain my position?), it is possible to while away the hours and miles by administering a test instrument on overtaking drivers called the Vehicle Positioning Test. This test provides a psychological profile of overtaking drivers and gives you the data you need to make your own opinions about how much of the pavement drivers think you may be entitled to occupy on your bike.
Listed below are some general observations from my years of “testing:”
- Many American motorists are afraid to move over the center line as they overtake and pass a bicycle rider. This is a peculiarly American phenomenon; drivers in other countries do not seem to be so hesitant. When I look in my mirror and see an overtaking truck hugging the fog line behind me as it approaches and no traffic coming towards us in the opposite direction, I can feel the hair stand up on the back of my neck as I examine the shoulder for potential escape routes.
- Front-end damage on overtaking vehicles is a bad sign. Give these people plenty of room. Impacts with bicyclists do not cause the damage to get much worse; avoid occupying the same spot of pavement with these drivers at the same point in time.
- This contribution is from a senior rider from the Vancouver Bicycle Club: Motor homes are trouble. People who drive them do not get much practice doing so, because they are essentially holiday behemoths. The drivers do not have a well-developed sense of size so be prepared to be passed by a driver who may not be experienced at driving around bicyclists.
- Rental trucks are troublesome. Drivers are usually inexperienced and do not have commercial driver licenses (CDL). Most rentals are for a short period of time so the drivers never really get comfortable with the rig. The best thing that can be said about these vehicles is that they are usually painted in bright colors so you can see them coming from a long distance.
- Pickup trucks with lift kits. The Rearview Mirror Test Battery says that these drivers are the most problematic; usually young males with surging testosterone who are challenged by a bicyclist’s trespassing upon the roadway in their path of travel. The best advice is to give them a wide berth, and as with any potentially vicious mammal, do not make eye contact as they may interpret it as a challenge.
Attitudinal conclusions are also possible (this is really a stretch) based upon how wide a berth overtaking drivers make as they prepare to pass you. For example, cautious drivers who are most worried about the presence of a bicyclist on the roadway (frequently elderly people) will give you plenty of room, sometimes making an exaggerated passage across the center line into the other lane as they go by you, as if you were some kind of a rabbit on two wheels, capable of jumping in any direction without cause. On the other hand, excessively cautious drivers may be afraid to cross the center line, and will tenaciously stay within their lane, even if it means practically grazing your left handle bar end with their outside rearview mirror (though there is no traffic coming in the opposite direction as far as the eye can see). An example of one prejudice and fear canceling out another.
My least favorite experience is when I perform my psychological test upon an overtaking driver and they meet none of my generalized categories, and still make no allowance whatsoever for moving over and providing me with some place on the road as they pass. These drivers really scare me because I believe that there are times when they actually fail to even realize that I am on the roadway. I have had a number of experiences in commuting from Cornelius into Portland when as I was passed very closely by another driver, I was able to swivel my head and look into the passenger compartment of the car only to see a driver with eyes glazed or in a fixed stare apparently in a semi-conscious state as they hurtle past me toward some destination.
As a result of these ruminations, I have adopted the practice when passing bicyclists of giving the riders wide berth in the hope that motorists who observe me will follow my example. One of the best things I have learned during a bicycle legal clinic is the technique taught to Tri-Met bus drivers which is to pass bicyclists by giving the rider enough room so that if they were to flop over onto their side the bus would completely miss their body. If all drivers followed this simple rule, it would make for considerably less stress on the roadways.
P.S. One final point if you are not already sold on using a mirror. A mirror is about the only way that you can, as a practical matter, see that an overtaking car is about to get passed by another car, a potentially dangerous situation. Finally, even though I have good hearing, my mirror allows me to see that I am being passed not by just one car, but by several or that, the truck that is passing me is a double trailer gravel truck, or a triple trailer semi. My friends without mirrors get sick of it but I cannot stop myself from cheerily calling out “two of them,” or “it’s a double trailer back” as we ride. I recognize that my mirror does create some aerodynamic drag, looks somewhat insect-like (antennae?), and gets knocked off of my helmet sometimes, but in the final analysis, I’m glad to have it.