This season let’s work together to eradicate Oregon’s dangerous street drains. For years, storm drains have presented a significant hazard for bicyclists. We last addressed this subject in 2002; in the two years since that article, much progress has been made throughout the state in replacing or upgrading poorly designed street drains. Old drain designs had metal grates fabricated so that the slots were parallel to the direction of travel; this design has been recognized as a significant hazard; now most of these dangerous grates have been replaced, or upgraded. Upgrades include installing metal cross pieces to prevent a narrow bicycle tire from getting wedged between the metal pieces. However, some drains have escaped notice of the responsible maintenance authorities; others have been “upgraded” but have been fabricated in such a way that there is still a significant hazard for bicyclists. This season let’s make a concentrated effort to eliminate the last of these dangerous grates.
Oregon law prohibits dangerous street drains; Oregon Revised Statutes (ORS) 810.150 requires that storm drains be designed so that bicycles may pass over them in safety:
“810.150. Drain construction; compliance with bicycle safety requirements; guidelines.
(1) Street drains, sewer drains, storm drains and other similar openings in a roadbed over which traffic must pass that are in any portion of a public way, highway, road, street, footpath or bicycle trail that is available for use by bicycle traffic shall be designed and installed, including any modification of existing drains, with grates or covers so that bicycle traffic may pass over the drains safely and without obstruction or interference.
(2) The Department of Transportation shall adopt construction guidelines for the design of public ways in accordance with this section. Limitations on the applicability of the guidelines are established under ORS 801.030.”
This statue sets a minimum legal standard for drains that requires at a minimum “that bicycle traffic may pass over the drains safely without obstruction or interference.” Any drain that does not meet the standard is illegal.
Unfortunately, the statute is modified by ORS 801.030 which “grandfathers” in “drains installed prior to 1975.” This means that old style drains may escape the reach of the statute as a matter of law. Storm drains more than 29 years old do escape the legal requirement. However, storm drains that have been upgraded or that are placed on roadway surfaces that have been refinished or redesigned are arguably drains that have been reinstalled during subsequent road work. Thus, later maintenance and repair on a particular roadway may be sufficient to void the grandfather clause. For example, if a storm drain was installed prior to 1975 on a road which has been resurfaced such that the drain was removed and the drain base and catch basin were raised to lift the drain level up to the new higher surface of the roadway (as often happens), it would qualify as a sufficient modification of the drain so as to make it subject to the statute if the roadway work had occurred after 1975.
It is unfortunate that many of the “upgrades” of dangerous storm drains have been unsuccessful at remedying the underlying problem. The photograph below shows a typical example of a storm drain which has been upgraded incorrectly. The cross pieces which have been welded onto the storm drain are so far apart as to create a significant hazard for any bicycle rider who tries to ride over the grate because the grating is still sufficiently uncovered that it will likely eat a bicycle wheel and cause a loss of control. Further, the welded cross bars do not extend fully across the surface of the grate, leaving a dangerous area at the far left and right sides of the drain where there is no protection whatsoever to keep the wheel out of the storm drain.
If you know of a storm drain that presents a potential hazard in violation of the statute, call or write a letter to your local road maintenance department. They will be able to tell you whether the city, county or state has jurisdiction over this particular roadway. Remember that the statute covers not only storm drains in the road but also on footpaths and bicycle trials.
City and county attorney’s offices are keenly aware that part of risk management involves preventative maintenance to avoid injuries. It has been our experience that government officials are quite responsive to complaints about specific drains. It is important that you educate the maintenance department about why it is that a particular drain is dangerous. Sometimes a photograph may be helpful in demonstrating the danger associated with the wide spacing in a particular drain or grate.
This riding season join other Oregon bicyclists in leading the charge to upgrade and replace dangerous storm drains so that by the time the rains come this fall the roads are safer for all of us.