Pedestrians

ORS 814.400
Application of vehicle laws to bicycles

(1)

Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except:

(a)

Those provisions which by their very nature can have no application.

(b)

When otherwise specifically provided under the vehicle code.

(2)

Subject to the provisions of subsection (1) of this section:

(a)

A bicycle is a vehicle for purposes of the vehicle code; and

(b)

When the term “vehicle” is used the term shall be deemed to be applicable to bicycles.

(3)

The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care. [1983 c.338 §697; 1985 c.16 §335]

Notes of Decisions

Under Former Similar Statute

DUII statute applies to bicyclists. State v. Woodruff, 81 Or App 484, 726 P2d 396 (1986), Sup Ct review denied

In General

Mere use of term "motor vehicle" in vehicle code statute does not specifically provide for bicycles to be exempt from statute. State v. Potter, 185 Or App 81, 57 P3d 944 (2002)

Permanent revocation of driving privileges of person convicted of felony while driving under influence of intoxicants or of multiple driving under influence of intoxicants offenses applies to person convicted of felony or offenses while operating bicycle under influence of intoxicants. State v. Abbey, 239 Or App 306, 245 P3d 152 (2010), Sup Ct review denied

Chapter 814

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)

Source

Last accessed
Jun. 26, 2021

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