State Bike Laws
Riding a bike is a healthy, fun and safe activity. However, it isn't without some risk. The following information highlights 13 areas of law that may minimize that risk and have the potential to reduce conflicts between bikes and cars (and other traffic). These highlights only cover statewide laws and are not comprehensive.
If you want to learn more about state bicycling policies and efforts, check out our Bicycle Friendly State program.
Check out our Smart Cycling videos if you are interested in bicycling education videos.
All laws mentioned here were compiled as part of a research project in the fall of 2012 and may be subject to change. We update laws as we work with our member advocacy organizations to pass better laws and as advocates or the public tell us about changes. Please help us keep them updated by contacting [email protected] with any updates.
Select your state from the list below to review that state's bike laws.
Oregon
Safe Passing Laws
Oregon requires that the driver of a motor vehicle pass a person operating a bicycle by driving to the left of the bicycle at a safe distance (a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver’s lane of traffic) and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle.
This requirement does not apply to a driver operating a motor vehicle:
- In a lane that is separate from and adjacent to a designated bicycle lane;
- At a speed not greater than 35 miles per hour; or
- When the driver is passing a person operating a bicycle on the person’s right side and the person operating the bicycle is turning left.
Source: Or. Rev. Stat. §811.065
Helmet Law
Oregon requires that any person under the age of 16 riding a bicycle, as an operator or passenger, must wear a protective bicycle helmet.
However, evidence of a lack of protective headgear shall not be admissible, applicable or effective to reduce the amount of damages or to constitute a defense to an action for damages brought by or on behalf of an injured bicyclist or bicycle passenger or the survivors of a deceased bicyclist or passenger if the bicyclist or passenger was injured or killed as a result in whole or in part of the fault of another.
Source: Or. Rev. Stat. §§814.485; 814.489
Vulnerable Road User Laws
Oregon defines a “vulnerable user of a public way” as a pedestrian, a highway worker, a person riding an animal or a person operating any of the following on a public way, crosswalk or shoulder of the highway: (1) a farm tractor or implement of husbandry; (2) a skateboard; (3) Roller skates; (4) In-line skates; (5) a scooter; or (6) a bicycle.
Oregon protects vulnerable road users by providing increased penalties if the court determines that a person guilty of careless driving contributed to the serious physical injury or death of a vulnerable user of a public way:
In addition, Oregon provides that the offense of vehicular assault of a bicyclist or pedestrian is a Class A misdemeanor which occurs if:
- The person recklessly operates a vehicle upon a highway in a manner that results in contact between the person’s vehicle and a bicyclist or a pedestrian; and
- The contact causes physical injury to the bicyclist or the pedestrian.
Source: Or. Rev. Stat. §§801.608; 811.135; 811.060
Distracted Driving Laws
Oregon currently prohibits a person, while operating a motor vehicle on a highway, from using a mobile communication device.
Source: Or. Rev. Stat. §811.507
Where to Ride
Oregon requires that a bicyclist, traveling at a speed less than the speed of traffic, must ride as close as practicable to the right curb or edge of the roadway, except under any of the following circumstances:
- When overtaking and passing another bicycle or vehicle that is proceeding in the same direction;
- When preparing to execute a left turn;
- When reasonably necessary to avoid hazardous conditions including a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side;
- When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway;
- When operating a bicycle alongside not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic; and
- When operating on a bicycle lane or bicycle path.
Source: Or. Rev. Stat. §814.430
Sidewalk Riding
Oregon requires that a driver of a motor vehicle yield the right of way to any bicyclist on a sidewalk.
Oregon allows bicycles to operate on sidewalks subject to the following rules:
- A bicyclist may not suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard;
- A bicyclist upon a sidewalk shall give an audible warning before overtaking and passing a pedestrian and yield the right of way to all pedestrians on the sidewalk;
- A bicyclist may not operate on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property;
- A bicyclist may not operate at a speed greater than an ordinary walk when approaching or entering a crosswalk or potentially crossing motor vehicle traffic;
- A bicyclist may not operate an electric assisted bicycle on a sidewalk; and
- Except as otherwise specifically provided by law, a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.
Source: Or. Rev. Stat. §§811.055; 814.410
Mandatory Use of Separated Facilities
Oregon requires that a bicyclist must use a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near a roadway, except that a bicyclist is able to safely move out of the bicycle lane or path for the purpose of:
- Overtaking and passing another bicycle, a vehicle or a pedestrian that is in the bicycle lane or path and passage cannot safely be made in the lane or path;
- Preparing to execute a left turn at an intersection or into a private road or driveway;
- Avoiding debris or other hazardous conditions;
- Preparing to execute a right turn where a right turn is authorized; and
- Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.
However, a person is not required to comply with this law unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.
Source: Or. Rev. Stat. §814.420
Bicycling Under the Influence
In Oregon, bicycles are defined as vehicles. Oregon’s law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to all vehicles and therefore applies to bicyclists. Bicycles should not be operated while intoxicated and operating a bicycle while under the influence of alcohol or other controlled substances may result in severe punishments.
Source: Or. Rev. Stat. §§813.010; 801.590
“Idaho Stop” and Vehicle Detection Errors
Oregon allows a bicyclist to proceed through an intersection controlled by a flashing red light or stop sign without stopping by slowing to a safe speed as long as the bicyclist does not: 1) fail to yield the right of way to traffic in or approaching the intersection, 2) disobey the direction of a police officer, 3) fail to exercise due car to avoid a crash, or 4) fail to yield the right of way to a pedestrian.
Oregon also allows bicyclists and motorcyclists to proceed through a steady red light controlled by a vehicle detection device after coming to a complete stop and waiting one complete light cycle.
Source: Or. Rev. Stat. §§814.416; 814.414; 811.360
Authorization for Local Regulation of bicycles
Oregon does not specifically provide for local authorities to regulate the operation of bicycles or require registration of bicycles, although such authorities may regulate the operation of bicycles through the exercise of their other legal powers.
Source: N/A
Dooring law
Oregon requires that no person open any door of a vehicle unless and until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders. In addition, no person shall leave a door open on the side of a vehicle available to traffic, or to pedestrians or bicycles on sidewalks or shoulders, for a period of time longer than necessary to load or unload passengers.
Source: Or. Rev. Stat. §811.490(1)
Treatment as a Vehicle
In Oregon bicycles are vehicles according to the statute that defines vehicles, are vehicles for the purposes of the vehicle code, and when the term vehicle is used the term shall be deemed to be applicable to bicycles. In addition, every person riding a bicycle upon a public way has all of the rights and duties of a driver of a vehicle, except those provisions that by their nature can have no application and when otherwise specified under the vehicle code.
Source: Or. Rev. Stat. §§801.590; 814.400(2)
Other Resources
The following resources may be useful:
- Oregon Department of Transportation Laws and Regulations page: http://www.oregon.gov/ODOT/HWY/BIKEPED/Pages/laws_regs.aspx
- Bike Portland Compilation of laws: http://bikeportland.org/resources/bicyclelaws
- Portland Bureau of Transportation Bicycle law resources: http://www.portlandoregon.gov/transportation/article/301187
