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Cyclists Rights--READ

amended bicycle laws
For a summary, this has passed through the House resoundingly. This bill says that cyclists would be able to treat stop signs and signals as yield signs. If this passes in the the senate it will become law. I am pretty sure it was 46-9 in the house so that is promising. This would be a major win for the likes of Critical Mass. I havent read all of the language here (I dont understand most of it, honestly) but I know that overall if cyclists use judgement in the lights and signs they run it cannot be a traffic offense. I couldnt find the complimentary bill in the Senate to see when it is being voted on, but when and if I hear about it I will post the victory.

And, an afterthought, there is a House Bill that was introduced that would set up a licensing and registration system for bicyclists and provide the information with police. THis bill I dont think has much weight, but we dont want it to go through...it is HB 3135, call your representative and urge a vote against this bill.

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72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session

NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .

LC 1173

A-Engrossed

House Bill 2768
Ordered by the House April 28
Including House Amendments dated April 28

Sponsored by Representative PROZANSKI


SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

Permits person operating bicycle to enter intersection with
specified traffic control device without stopping providing
person operating bicycle slows to safe speed and yields right of
way to traffic or pedestrians. Permits person operating bicycle
to turn without stopping at intersection with specified traffic
control device providing person operating bicycle slows to safe
speed and yields right of way to traffic or pedestrians.
Creates offense of improper entry into intersection where
traffic is controlled by stop sign. Punishes by maximum fine of
{ - $75 - } { + $300 + }.
Creates offense of improper entry into intersection where
traffic is controlled by flashing red signal. Punishes by maximum
fine of { - $75 - } { + $300 + }.

A BILL FOR AN ACT
Relating to bicycles; creating new provisions; and amending ORS
811.260 and 811.265.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2003 Act are added to
and made a part of ORS 814.410 to 814.480. + }
SECTION 2. { + (1) A person operating a bicycle who is
approaching an intersection where traffic is controlled by a stop
sign may, without violating ORS 811.265, do any of the following
without stopping if the person slows the bicycle to a safe speed:
(a) Proceed through the intersection.
(b) Make a right or left turn into a two-way street.
(c) Make a right or left turn into a one-way street in the
direction of traffic upon the one-way street.
(2) A person commits the offense of improper entry into an
intersection where traffic is controlled by a stop sign if the
person does any of the following while proceeding as described in
subsection (1) of this section:
(a) Fails to yield the right of way to traffic lawfully within
the intersection or approaching so close as to constitute an
immediate hazard;
(b) Disobeys the directions of a police officer;
(c) Fails to exercise care to avoid an accident; or

(d) Fails to yield the right of way to a pedestrian in an
intersection or crosswalk under ORS 811.040.
(3) The offense described in this section, improper entry into
an intersection where traffic is controlled by a stop sign, is a
Class B traffic violation. + }
SECTION 3. { + (1) A person operating a bicycle who is
approaching an intersection where traffic is controlled by a
flashing red signal may, without violating ORS 811.265, do any of
the following without stopping if the person slows the bicycle to
a safe speed:
(a) Proceed through the intersection.
(b) Make a right or left turn into a two-way street.
(c) Make a right or left turn into a one-way street in the
direction of traffic upon the one-way street.
(2) A person commits the offense of improper entry into an
intersection where traffic is controlled by a flashing red signal
if the person does any of the following while proceeding as
described in subsection (1) of this section:
(a) Fails to yield the right of way to traffic lawfully within
the intersection or approaching so close as to constitute an
immediate hazard;
(b) Disobeys the directions of a police officer;
(c) Fails to exercise care to avoid an accident; or
(d) Fails to yield the right of way to a pedestrian in an
intersection or crosswalk under ORS 811.040.
(3) The offense described in this section, improper entry into
an intersection where traffic is controlled by a flashing red
signal, is a Class B traffic violation. + }
SECTION 4. ORS 811.260 is amended to read:
811.260. This section establishes appropriate driver responses
to specific traffic control devices for purposes of ORS 811.265.
Authority to place traffic control devices is established under
ORS 810.210. Except when acting under the direction of a police
officer that contradicts this section, a driver is in violation
of ORS 811.265 if the driver makes a response to traffic control
devices that is not permitted under the following:
(1) Green signal. A driver facing a green light may proceed
straight through or turn right or left unless a sign at that
place prohibits either turn. A driver shall yield the right of
way to other vehicles within the intersection at the time the
green light is shown.
(2) Green arrow. A driver facing a green arrow signal light,
shown alone or in combination with another signal, may cautiously
enter the intersection only to make the movement indicated by
such arrow or such other movement as is permitted by other
signals shown at the same time.
(3) Steady circular yellow signal. A driver facing a steady
circular yellow signal light is thereby warned that the related
right of way is being terminated and that a red or flashing red
light will be shown immediately. A driver facing the light shall
stop at a clearly marked stop line, but if none, shall stop
before entering the crosswalk on the near side of the
intersection, or if none, then before entering the intersection.
If a driver cannot stop in safety, the driver may drive
cautiously through the intersection.
(4) Steady yellow arrow signal. A driver facing a steady yellow
arrow signal, alone or in combination with other signal
indications, is thereby warned that the related right of way is
being terminated. Unless entering the intersection to make a
movement permitted by another signal, a driver facing a steady
yellow arrow signal shall stop at a clearly marked stop line, but
if none, shall stop before entering the crosswalk on the near
side of the intersection, or if none, then before entering the
intersection. If a driver cannot stop in safety, the driver may
drive cautiously through the intersection.

(5) Steady circular red signal. A driver facing a steady
circular red signal light alone shall stop at a clearly marked
stop line, but if none, before entering the crosswalk on the near
side of the intersection, or if none, then before entering the
intersection. The driver shall remain standing until a green
light is shown except when the driver is permitted to make a turn
under ORS 811.360.
(6) Steady red arrow signal. A driver facing a steady red arrow
signal, alone or in combination with other signal indications,
shall not enter the intersection to make the movement indicated
by the red arrow signal. Unless entering the intersection to make
some other movement which is permitted by another signal, a
driver facing a steady red arrow signal shall stop at a clearly
marked stop line, but if none, before entering the crosswalk on
the near side of the intersection, or if none, then before
entering the intersection. The vehicle shall remain standing
until a green light is shown except when the driver is permitted
to make a turn under ORS 811.360.
(7) Traffic control devices at places other than intersections.
If a traffic control device that is a signal is erected and
maintained at a place other than an intersection, the provisions
of this section relating to signals shall be applicable. A
required stop shall be made at a sign or marking on the roadway
indicating where the stop shall be made, but in the absence of
such sign or marking the stop shall be made at the signal.
(8) Flashing red signal. When a driver approaches a flashing
red light used in a traffic control device or with a traffic
sign, the driver shall stop at a clearly marked stop line, but if
none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering it. The right
to proceed shall be subject to the rules applicable after making
a stop at a stop sign. This subsection does not apply { + to:
(a) Drivers + } at railroad grade crossings. Conduct of a
driver approaching a railroad grade crossing is governed by ORS
811.455.
{ + (b) A person operating a bicycle. + }
(9) Flashing yellow signal. When a driver approaches a flashing
yellow light used as a signal in a traffic control device or with
a traffic sign, the driver may proceed through the intersection
or past the signal only with caution. This subsection does not
apply at railroad grade crossings. Conduct of a driver
approaching a railroad grade crossing is governed by ORS 811.455.
(10) Lane direction control signals. When lane direction
control signals are placed over the individual lanes of a
highway, a person may drive a vehicle in any lane over which a
green signal light is shown, but shall not enter or travel in any
lane over which a red signal light is shown.
(11) Stop signs. A driver approaching a stop sign shall stop at
a clearly marked stop line, but if none, before entering the
crosswalk on the near side of the intersection or, if none, then
at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway
before entering it. After stopping, the driver shall yield the
right of way to any vehicle in the intersection or approaching so
{ - closely - } { + close + } as to constitute an immediate
hazard during the time when the driver is moving across or within
the intersection. { + This subsection does not apply to a person
operating a bicycle. + }
(12) Yield signs. A driver approaching a yield sign shall slow
the driver's vehicle to a speed reasonable for the existing
conditions and if necessary for safety, shall stop at a line as
required for stop signs under this section, and shall yield the
right of way to any vehicles in the intersection or approaching
so closely as to constitute an immediate hazard.
SECTION 5. ORS 811.265 is amended to read:
811.265. (1) A person commits the offense of driver failure to
obey traffic control device if the person drives a vehicle and
the person does any of the following:
(a) Fails to obey the directions of any traffic control device.
(b) Fails to obey any specific traffic control device described
in ORS 811.260 in the manner required by that section.
(2) A person is not subject to this section if the person is
doing any of the following:
(a) Following the directions of a police officer.
(b) Driving an emergency vehicle or ambulance in accordance
with the privileges granted those vehicles under ORS 820.300.
(c) Properly executing a turn on a red light as authorized
under ORS 811.360.
(d) Driving in a funeral procession led by a funeral lead
vehicle or under the direction of the driver of a funeral escort
vehicle.
{ + (e) Properly entering an intersection or executing a turn
at a stop sign as authorized under section 2 of this 2003 Act.
(f) Properly entering an intersection or executing a turn at a
flashing red signal as authorized under section 3 of this 2003
Act. + }
(3) The offense described in this section, driver failure to
obey a traffic control device, is a Class B traffic violation.
CM 06.May.2003 12:07

M

I thought they already do treat 'stop' signs and yields!

Oh...make it legal to do what CM already does!

Can I outlaw you?!? and make it Retro???

great 06.May.2003 15:11

biker

This would be great for all regular bikers also. It is so annoying to have to stop at stop signs when no one is there.

;)