This year marks 30 years since passage of the historic Oregon Bicycle Bill. Since that time, Oregon’s Legislature has done a good job representing the interests of the status quo (motor vehicles) on Oregon’s highways. Past legislative efforts in the last three legislatures to reform Oregon’s ill-advised and anti-bicycle laws prohibiting passing on the right and proceeding at more than three miles per hour in crosswalks have been repeatedly rejected. The legislature has done little to advance the legal environment for bicycle riding and other “alternative” forms of transportation. However, 2001’s 71st Oregon Legislature has given at least a symbolic 30th birthday present to Oregon’s bicycle community in creating a new bicyclist friendly title for what was an old crime: recklessly injuring a bicyclist.
While the new law adds no new substance to the criminal code (and the skeptical side of me wonders if this legislature would have allowed it to pass if it had), at least the new law does provide some emphasis on a legal policy of prosecuting reckless drivers who injure bicyclists (or pedestrians, who are also specifically mentioned). It is hoped that this new law will send a message to law enforcement and district attorney offices that will result in a greater number of prosecutions of reckless drivers.
Senate Bill 133 (SB 133), Subsection 5 provides as follows: “SECTION 5. (1) For the purposes of this section, ‘recklessly’ has the meaning given that term in ORS 161.085. (2) A person commits the offense of vehicular assault of a bicyclist or pedestrian if: (a) The person recklessly operates a vehicle upon a highway in a manner that results in contact between the person’s vehicle and a bicycle operated by a person, a person operating a bicycle or a pedestrian; and (b) The contact causes physical injury to the person operating a bicycle or the pedestrian. (3) The offense described in this section, vehicular assault of a bicyclist or pedestrian, is a Class A misdemeanor.”
The crime of “Vehicular Assault of a Bicyclist or Pedestrian” was written and shepherded through the legislature by attorney Joel Shapiro. Shapiro is a former legislative aide in the U.S. Congress, and presently works as a staffer for Portland House Representative Chris Beck (D-12). A member of the Bicycle Transportation Alliance (BTA), Oregon Bicycle Racing Association (OBRA, Category IV), and the Multnomah County Bicycle and Pedestrian Advisory Committee, Shapiro recognized the political difficulties associated with getting a pro-bicycling bill through this legislature, and fashioned a new law that, while it doesn’t break any new legal ground, provides an important policy message from the Oregon Legislature.
SB 133 was originally introduced at the request of bicycle commuter Ben Lezin, who was injured twice last year while commuting by bicycle. Mr. Lezin was knocked unconscious and hospitalized after both accidents. Each time, Mr. Lezin was riding in a bike lane, and the police officer reporting to the scene determined that the motorist had been at fault. However, in neither case was the driver charged with an assault or a criminal traffic offense. Lezin’s misfortune served as a catalyst for Joel Shapiro to create a bicycle friendly policy statement from the legislature.
While SB 133 is a reformulation of previously existing law, the language associated with the measure provides strong support for bicycling. For example, sponsor Representative Beck stated, “This bill sends a signal that the legislature is serious about protecting the rights of bicyclists to use our roads. Bicycling, whether for commuting or recreation, is an important activity in my district, and bicyclists should be able to use the roads with the knowledge that they enjoy the full protection of our traffic safety laws.” Beck also said, “Bicyclists’ injuries should receive the same protection under the law as any other type of injury. But experience has shown that when a motorist injures a cyclist, in almost every case the motorist is not held criminally responsible for the injury. With this change, the legislature is telling law enforcement that bicyclists’ injuries should be taken seriously. We expect bicyclists’ rights to be protected, and we expect motorists who recklessly injure cyclists to be charged for their crime, just as we expect drunken drivers to be charged. This is a small first step in putting forth the message that we must drive responsibly, carefully, and share the road.”
Legislative history of SB 133 reveals that it almost died in the Oregon Senate. However, Shapiro was successful in working with Senate Judiciary Committee staffers to include the old bill’s language in an existing bill containing a number of criminal law changes such as criminalizing body armor and changing criminal court procedure. The procedural vehicle for including the vehicular assault provision was the “relating clause” which allowed SB 133, the existing bill, cover to any matters “relating to crime.” Shapiro was able to insert the vehicle assault section into the bill and secured the testimony of Senator Jason Atkinson (R-Jacksonville, a former racer) who testified in favor of it before the House Committee. Democratic Representative Jackie Dingfelder (a cosponsor of the original bill when it was in the House) offered the amendment in the committee and assisted in getting it passed by the Senate on Friday, June 15, 2001, by a vote of 24-3. The bill will now go to the Governor’s desk for signature, and it is expected that the Governor will be supportive of the measure so it should become law this Fall.
Thanks also go to BTA Director Catherine Ciarlo for her help in supporting the bill. It is now the job of bicycle activists throughout the state to make the most of this positive statement from the Oregon Legislature by making sure law enforcement and district attorney offices throughout the state know about the new law.
SB 133 will be important if it influences charging decisions for injury traffic accidents involving reckless driving by motorists. The charging decision is frequently jointly made by the District Attorney’s Office and the investigating police officer. If the message is sent that the legislature is encouraging aggressive treatment of reckless drivers who injure bicyclists, then there will be increased enforcement of the criminal assault laws against reckless drivers.
While we cannot expect great positive steps for bicyclists from the present constituency in the Oregon Legislature, the good work by Joel Shapiro and the representatives who supported the bill has resulted in a modest but positive policy statement supporting the rights of bicyclists to the road, and demonstrating renewed legislative resolve in prosecuting reckless drivers who cause injuries to people on bicycles.