Attornatus_Oregonensis
10-28-2007, 07:30 AM
"Cyclists are required to ride as close as practical to the right shoulder unless they're turning left, Kruger says. They can ride as close as practical to the left shoulder on a one-way street within a city."
That excerpt is from this morning's O:
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1193466354179340.xml&coll=7&thispage=1
Wrong. It's a terrible misstatement of the law applicable to cyclists. This is perhaps the biggest source of motorist-cyclist conflict.
The reason this misstatement is so bad is that it tells motorists cyclists are not supposed to be in the motor vehicle lane in a wide variety of circumstances when cyclists *can* be in the lane, something that the greatest cause of conflict between cyclists and motorists, mostly due to motorists' ignorance of the law.
It's the ensuing impatient and aggressive acts by motorists that endanger cyclists lives and keep people from cycling.
I have little doubt, based on his other public statements, that Kruger really doesn't understand the law. What more can you say when a law enforcement officer doesn't understand the law. It's simple incompetence.
Apparently, the O either doesn't understand the law also, or doesn't see fit to correct Kruger or expose his dangerous incompetence.
Now, *here's* the law:
A cyclist is not required to use the bike lane "if the person is able to safely move out of the bicycle lane or path for the purpose of:
(a) 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.
(b) Preparing to execute a left turn at an intersection or into a private road or driveway.
(c) Avoiding debris or other hazardous conditions.
(d) Preparing to execute a right turn where a right turn is authorized.
(e) 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. ORS 814.420(3).
When there's no bike lane, you can take the lane when:
When going "the normal speed of traffic [that is] using the roadway at that time and place under the existing conditions." ORS 814.430(1).
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, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements.
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. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of 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. ORS 814.430(2).
Kruger is making this city a worse place to bike by spreading misinformation about the law that applies to bikes.
That excerpt is from this morning's O:
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1193466354179340.xml&coll=7&thispage=1
Wrong. It's a terrible misstatement of the law applicable to cyclists. This is perhaps the biggest source of motorist-cyclist conflict.
The reason this misstatement is so bad is that it tells motorists cyclists are not supposed to be in the motor vehicle lane in a wide variety of circumstances when cyclists *can* be in the lane, something that the greatest cause of conflict between cyclists and motorists, mostly due to motorists' ignorance of the law.
It's the ensuing impatient and aggressive acts by motorists that endanger cyclists lives and keep people from cycling.
I have little doubt, based on his other public statements, that Kruger really doesn't understand the law. What more can you say when a law enforcement officer doesn't understand the law. It's simple incompetence.
Apparently, the O either doesn't understand the law also, or doesn't see fit to correct Kruger or expose his dangerous incompetence.
Now, *here's* the law:
A cyclist is not required to use the bike lane "if the person is able to safely move out of the bicycle lane or path for the purpose of:
(a) 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.
(b) Preparing to execute a left turn at an intersection or into a private road or driveway.
(c) Avoiding debris or other hazardous conditions.
(d) Preparing to execute a right turn where a right turn is authorized.
(e) 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. ORS 814.420(3).
When there's no bike lane, you can take the lane when:
When going "the normal speed of traffic [that is] using the roadway at that time and place under the existing conditions." ORS 814.430(1).
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, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements.
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. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of 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. ORS 814.430(2).
Kruger is making this city a worse place to bike by spreading misinformation about the law that applies to bikes.