Reform Oregon Law to Legalize Safe Riding Practices


 

Yesterday my 12-year-old daughter told me that she “does not” put her head underwater when she swims. I thought about it and said that it must be because water was bothering her ears, eyes, nose or mouth; otherwise, it would be no problem. I told her that, if you learn to block the water from whichever holes it enters, that putting your head underwater is easy and safe. Later I was thinking about what Jeff Smith a city transportation and bike authority had told me last week, “If you think about it, there is no good reason to keep bikes stopped at stoplights when no one else is there.” We were talking about the Idaho stop and roll law for bikes. Later I spent some time trying to better understand why so many motorists are disgusted with bicycle riders; I decided it was mostly because so many bicyclists disregard stop sign and stoplight laws. I also think the 24-hour prohibition of bicyclists on some city sidewalks, allowance of riding on other sidewalks, and lack of signing over which is which generally contributes to uncertainty by everyone over just what the rules are when it comes to bikes.

If our biggest “public perception” problem is that most bike riders don’t follow the same rules as everyone else is coupled with the genuine confusion on everyones’ part about what the law actually requires us to do, then we see that our dilemma as bike riders is a little like the swimmer who finds it unpleasant to put her head under the water; if we improve the law so that our natural inclination to make riding easy and safe and legal, then we remove the unpleasantness and elevate our status to naturally occurring law-abiding roadway users.

What are the impediments to our law-abiding spirits on Oregon’s roads and sidewalks?

First, stop signs and stoplights. We use our muscles to get us going, travel at a relatively slow pace, and when we make a mistake and collide with something our bodies are so soft and our bicycles are so light that we cause little damage. Under the circumstances, why should we have to wait at a stoplight in a cloud of exhaust from a crowd of idling cars when the road is clear and we can ride through easily and safely? If the motorists stuck back at the light, watched us ride off, and didn’t have to fume about our lawlessness, what would they think? Probably that their own trip is short enough that they could be riding too, this after all is the Bike Nation state so maybe, a ready model for a law change already exists and has been successfully providing safe roadways for all just next door in Idaho where bicyclists are required to stop and yield but may then proceed when clear.

Second, blanket 24-hour prohibitions on bicycle sidewalk riding in cities and towns creates confusion and should be eliminated. No cities in Oregon provide adequate signing for sidewalk bans, and selective enforcement of the law combined with unrealistic penalties (Portland’s only fine listed for the offense is $500) make everyone edgy about just where a bike can be ridden. At the very least, Oregon law should provide that all city code restrictions on sidewalk riding must exempt riders under sixteen years old on sidewalks and are only enforceable when every sidewalk where riding is banned contains adequate signage to provide notice to residents and visitors.

If the Oregon legislature removes the two main impediments to legality for bike riders then bicyclists’ “natural fit” into the flow of traffic will be legal as well as safe and easy. If the law evolves to better track safe riding and driving practices then the road will be easier to share and everyone will benefit. The 2005 Oregon legislature demonstrated its sound analysis of bicycle laws in legalizing safe passing on the right and authorizing bicyclists to leave a bike lane when necessary.
A proposed statute based on the Idaho model could track the exact language from the Idaho statute:

  1. A person operating a bicycle or human-powered vehicle approaching a stop sign shall slow down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection or junction of highways, except that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a turn or proceed through the intersection without stopping.
  • A person operating a bicycle or human-powered vehicle approaching a steady red traffic control light shall stop before entering the intersection and shall yield to all other traffic. Once the person has yielded, he may proceed through the steady red light with caution. Provided however, that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a right-hand turn.Idaho Statute 49-720.When the law shifts out of the way of safe roadway practices, then it is easier for everyone to behave in a lawful and safe manner. Law reform is necessary to improve the legal foundation for safe sharing of the streets; identifying and eliminating unnecessary legal restrictions on non-motorized road and sidewalk traffic encourages people to get out of their cars and move under their own power.