Buses and bicycles are natural allies. Bus transportation and bicycle riding both present alternatives to single occupant motor vehicle usage, resulting in a cleaner environment and fewer traffic clogged streets.
Some bicyclists have experienced “rough driving” at the hands of bus drivers. The upsurge in the number of bicyclists, creation of bicycle lanes and location of bus stops along the curb on roadways results in many interactions on the road between drivers and riders. Some bus drivers use the large bulk of a moving bus to assert a superior right to the road; however, the law is clear that bicyclists have the right-of-way in certain circumstances.
Our office is currently representing a sport rider who was sideswiped by a bus driver after a moving confrontation in which the driver blared his horn at a group of three bicyclists on a workout ride; the riders responded with the single fingered salute. When the bus passed while they rode in the bike lane he “buzzed” them, sideswiping our client and causing him to crash after being scraped by the side of the bus. Fortunately, the biker veered away from the path of the bus wheels as he crashed. The bus driver’s sideswiping of our client was heedless but driving dangerously close to the riders was intentional. The incident resulted in a study by our office of the training materials regarding to bicyclists provided by Tri-Met to bus drivers.
Bike Lanes
Some drivers and bicyclists are under the mistaken belief that motorists cannot use the bicycle lane at any time; however, so long as bicycles are yielded to when a motorist intends to turn, park, or pull to the side of the road, (such as to pick up or drop off passengers), the bicycle lane is available for motorist use. This means that a bus driver crossing over the bicycle lane in order to drop off or pickup passengers should pace their entry into the bicycle lane so as not to interfere with the progress of bicyclists in the lane. The best practice is to slow slightly, allowing the rider to ride through and out of the path of travel of the bus before signaling and moving over to the stop. Speeding up and then cutting in front of bicyclists in the bicycle lane in order to move to a bus stop is a violation of the law, and is certain to irritate bicyclists who feel that they have been muscled aside by the large bus.
Unfortunately, the Tri-Met Bus Operator’s Guide (Revised September 27, 2002) provides little information for bus drivers about bicycles. The section on bicycle lanes is the only information about bicycles, and it contains a typographical error which confuses its meaning somewhat:
“Protocol for Bicycle Lanes. Service stops may be made by crossing into a bicycle lane to get to the side of the road, but once the stop is completed, the bus must pull directly back into the vehicle travel lane. Buses may not use the bicycle lane to pass other vehicles or to travel between stops. Always exercise caution and yield right away (sic) to a cyclist when approaching a stop and leaving a stop.”
Tri-Met Bus Operator’s Guide, page 50.
Bicycle lanes create a lane of travel in which bicycles have the right-of-way, but other drivers are allowed to pass over the bicycle lanes under certain circumstances. ORS 811.440 provides as follows:
A person may operate a motor vehicle upon a bicycle lane when:
(a) Making a turn;
(b) Entering or leaving an alley, private road or driveway; or
(c) Required in the course of official duty.
ORS 811.560 provides that buses may also pass over the bicycle lane when:
“stopped, standing, or parked momentarily to pick up or discharge a passenger;” or
“to allow oncoming traffic to pass before making a right-hand or left-hand turn, or momentarily stopped in preparation or while negotiating an exit from the roadway.”
The instruction in the training guidelines “yield right away” is probably intended to state the instruction to “yield right-of-way,” which is a correct statement of the law. Bus drivers who fail to yield to bicyclists in bicycle lanes are violating the law and Tri-Met’s training guidelines.
Some riders may have been confused about whether or not they are supposed to yield to buses when the flashing “Yield” sign on the bus is activated. The Tri-Met training guide provides the following directions for drivers:
“Yield to Bus. As the operator signals to pull away from the curb, the Yield sign should be activated. He/She activates the Yield sign, which lights up and flashes to warn motorists approaching from the rear of the bus that the operator is about to enter traffic and has the right-of-way. Use of the Yield sign is permitted only when servicing a stop and not at any other time, including when changing lanes. Although other vehicles are to yield to buses when the sign is illuminated, do not expect the right-of-way. Enter traffic only when there is a sufficient gap and it is obvious that the motorist is committed to yielding to your bus.
Tri-Met Bus Operator’s Guide, page 41.
The legal basis for the training guideline is a recent legislative creation. ORS 811.167 created the offense of “Failure to Yield Right-of-Way to Transit Bus” in 1997. It provides that a person must yield the right-of-way to a transit bus entering traffic if the yield sign is displayed and the person is overtaking the bus from the rear. The statute does not mention bicycles or bicycle lanes and we have found no reported Oregon appellate cases interpreting the law.
At present, the law provides that motorists are to yield to bicycles in bike lanes as well as to buses with their yield signs activated reentering the roadway. It is unclear who has the superior right-of-way when a bus with its yield sign activated attempts to cross over a bike lane. However, in actual practice, since the bus yield law applies to “overtaking” vehicles, it is pretty clear that buses must yield to bicycles occupying the bike lane alongside the bus and in front of the bus. Further, the Tri-Met operating guidelines provide that bus drivers should not expect the right-of-way and should enter traffic only when there is a sufficient gap and overtaking traffic makes room for the bus. Since bicyclists generally travel somewhat slower than motorized traffic, the overtaking conflict should not be too big of a problem because the bus is usually accelerating so any conflict is of short duration; if both vehicles make the reentry of the bus into the traffic lane a cooperative effort conflicts should be minimized.
Bicycle Use of The Roadway
When there is no bicycle lane available, bicyclists and buses must share the road. On multi-lane roads this usually means that buses and bicycles are both using the slow lane of traffic because they tend to proceed at a slightly slower pace than other motorized traffic. Knowledge of the legal framework for use of the traffic lane is important.
The law provides that bicyclists may take the entire regular traffic lane and ride up to two abreast so long as they do not slow down other vehicles proceeding at the speed limit. When the bicyclist moves slower than traffic, the law requires that the rider move as far to the right as practical (or on a one-way street as far to the left). However, the law also allows the bicyclist to move out into and take the entire traffic lane when making a left turn or when necessary to avoid surface hazards such as glass, car doors, storm drains, gravel, or visual hazards like blind driveways. Once the hazard is passed, then the bicyclist must move back into a riding position as far to the right as practicable (or left on a one-way street).
Defensive Driving Techniques
It is a good idea for bus drivers to develop the defensive driving technique of scanning the roadway in front of bicyclists for the shiny glint of glass or rough gravel, sewer grates, car drivers about to open car doors or other hazards so as to anticipate when and where the bicyclist is likely to need to move out further into the traffic lane.
Anticipating roadway hazards ahead creates a cooperative relationship in sharing the roadway.
Because of the great difference in bulk between a bicycle and bus, it is important to recognize that extra care is required when passing bicycle riders. A good rule of thumb to follow and one that is used by some trainers of bus drivers: gauge the distance between the bus and bicycle rider such that if the bicyclist were to fall over the bus would be far enough away to avoid injuring the rider.
In addition, the draft created by a moving bus is so strong that air turbulence can have a destabilizing effect on the rider if the bus passes too close at a high rate of speed. It is always a good idea to provide a wide berth for bicyclists whenever possible, so long as it does not interfere with other traffic.
When sharing the roadway, it is important to recognize that use of the horn should be reserved for emergencies or as a warning of an imminent hazard. Bus horns are designed to penetrate into the enclosed and insulated steel capsules of other motor vehicles; to a bicycle rider the sound of a bus horn is extremely loud and creates a potential hazard if it startles the rider into an emergency evasive maneuver which causes a spill. A tap of the horn button should be sufficient in most circumstances to get the attention of bicyclists. “Standing on the horn” is dangerous and only creates further conflict on the roadway.
Violation of Rules of The Road By Bicyclists
Oregon law provides that bicycles are subject to the same laws as motor vehicles. Bicycle riders may be cited for speeding, DUI, or reckless driving. Many bus drivers express frustration with bicyclists’ failure to follow the same laws as everyone else while expecting motorists to follow those same laws. As professional drivers, bus drivers are disturbed that bicyclists and jay walking pedestrians ignore traffic laws and cause inconvenience for drivers and their passengers. However, as professional drivers, bus drivers are held to a higher legal standard of care under the law. Groups in the bicycle community such as the Bicycle Transportation Alliance (BTA) and The League of American Bicyclists (LAB) work hard to educate bicycle riders about their legal obligations. However, the fact that some bicyclists ignore the laws creates no legal or moral right for bus drivers to behave differently in their own driving behavior. The law provides that bicyclists must use available bicycle lanes, signal turns, and use a white light to the front and red rear reflector at night. No driver’s license is necessary for operation of a bicycle and it is important to remember that some bicyclists and pedestrians have physical or mental disabilities which prevent them from operating a motor vehicle.
Cooperation and coordination between bicyclists and bus drivers, natural allies in solving congestion and pollution problems, is an important goal. As professional drivers, bus drivers must become familiar with the laws relating to bicycles and other roadway users, and follow the highest standards of courtesy and cooperative goodwill in sharing the road with bicyclists. Changing demographics and Oregon’s national reputation for a bicycle friendly environment will inevitably lead to an increase in the number of bicycle riders on the roadway. Just as buses have been modified to accommodate bicycles with bicycle racks and other bicycle friendly facilities, so bus drivers must develop the skills and attitude necessary for safe and cooperative use of the roadway with bicycle riders.