Portland Bike Forums (by BikePortland.org)

Go Back   Portland Bike Forums (by BikePortland.org) > General Discussion > Report your Close Calls
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 10-26-2008, 09:15 PM
Arem Arem is offline
Member
Site Admin
 
Join Date: Jul 2008
Posts: 35
Exclamation Beaverton residents, watch out for...

A couple of motorized scooter riders who saw fit to cruise down the bike lane NB on SW Murray blvd.

I was riding that direction on my motorcycle this evening and noticed two people zipping down the bike lane on scooters. My first thought was "what the hell? ...That has just got to be illegal, doesn't it?" Seemed like they almost nailed a guy that was coming off the sidewalk to get into the bike lane from the SW Allen intersection. Something tells me that they were legally allowed to ride there due to some technicality, but I cannot remember the exact wording of the ORS. They seemed to be able to go the speed limit as they caught up to me at the light within a few seconds after I stopped at SW Allen. Just watch out on Murray, especially in the evening just after the sun sets!
Reply With Quote
  #2  
Old 10-26-2008, 09:32 PM
K'Tesh's Avatar
K'Tesh K'Tesh is offline
Super Moderator
Site Admin
 
Join Date: Sep 2006
Location: Subject To Change
Posts: 2,742
Default Motor-Assisted Scooters and Oregon Law...

Found this online...

Fact Sheet for Mini-Motorbikes/Scooters

Quote:
According to ORS 801.348, a motor-assisted scooter:
  • Is designed to be operated on the ground with not more than three wheels;
  • Has handlebars and a foot support or seat;
  • Can be propelled by human or motor;
  • Has a motor capable of propelling it no faster than 24 miles per hour on a level road; and
  • Has a motor no bigger than 35 cubic centimeters or, if electric, has a power output of no more than 1,000 watts.

Q1: Are pocket bikes, mini-choppers or mini-motorcycles legal on Oregon public roads?

A1: No. These vehicles are not intended for use on public streets and highways. They are manufactured for off-road use.

A mini-motorcycle, pocket bike, go-kart, all-terrain vehicle or similar motorized vehicle is not legal for use on public roads in Oregon. At least two traffic violations could apply for anyone found using such a vehicle on public roads:

Operation of an unsafe vehicle is a Class B traffic violation (ORS 815.020), with a fine up to $360.

Operation of a vehicle that violates equipment rules is a Class C traffic violation (ORS 815.100), with a fine up to $180.

Q2: But don’t some of these vehicles fit the legal definition of a motorcycle?

A2: Not necessarily. A motorized vehicle might fit the definition of a motorcycle and still be illegal to ride on public roads.

To be legal on public roads, motorized vehicles, including motorcycles, need to meet the U.S. Department of Transportation’s vehicle design safety and equipment requirements, which are also the standards adopted by Oregon (ORS 815.010 and 815.030).

Manufacturers that meet these requirements provide a vehicle identification number (VIN), and a manufacturer's certificate of origin, or MCO, which certifies that the vehicle meets U.S. DOT standards. Other proof of compliance with standards may be provided. For more information see Imported Motorcycle and Moped Requirements.

Oregon, like all other states, requires that if a motor vehicle is designed for use on public roads that it needs to be titled and registered. That requirement includes mounting of a license plate or plates and payment of a registration fee.

The rider must have a driver license or instruction permit. For some vehicles, such as motorcycles, the driver also must have endorsements on their driver licenses.

Q3: What about scooters, mopeds, electric assisted bicycles and personal mobility devices?

A3: Some of these vehicles are legal in some situations if they meet the specific definitions and restrictions in Oregon law. Also, riders must be at least 16 years old and not have driving privileges suspended or revoked.

Although a driver license is not required for motor-assisted scooters, electric assisted bicycles and personal mobility devices, riders must be at least 16 years old (ORS 807.020 and 814.512) and be eligible for driving privileges. It is also possible for a person whose driving privileges are suspended or revoked to be charged with operating any motorized vehicle while suspended/revoked - including a motor-assisted scooter - on public roads.

Driving any motor vehicle on a public road while suspended is a Class A violation with a maximum fine of $720.

Operation by a rider under 16 years of age is a Class D traffic violation with a maximum fine of $90.

A parent or legal guardian of a child younger than 16 years old who authorizes or knowingly allows a child to operate a motor-assisted scooter may be subject to a traffic citation and fine (ORS 814.536), as well.

Riders must follow Oregon traffic laws and any laws that apply specifically to these vehicles, such as wearing a helmet.

A driver license or restricted license is required for anyone to operate a moped (ORS 807.031). Violation of this law is a Class B traffic violation with a maximum fine of $360.

Q4: Which motor-assisted scooters, mopeds, electric assisted bicycles and personal mobility devices are legal on public roads in Oregon?

A4: To be legal on Oregon public roads, they must fit one of the definitions in the state’s laws.

Riders must be at least 16 years old.

Use of these vehicles also may* be restricted in cities, counties, parks, bike lanes, crosswalks, sidewalks and other locations and situations.

Mopeds must be titled and registered, but Oregon law specifically exempts motor-assisted scooters, electric assisted bicycles, and personal mobility devices from title and registration requirements.
So, there is the chance that they may be legal, as long they don't exceed the engine size/motor power limits.

*My highlighting... this opens up the chance of a local ordnance restricting scooters in the bike lane.

I'm not pleased by this, but this is how the state recognizes it... and things could be worse... Check this out:


I saw dis Moke on da scooter all over West Maui...

Two Wheels, No Motor... The Way It's Ment To Be...
K'Tesh
__________________
Riding my bike is MY pursuit of Happiness!!!
beam.to/UFOBike

Last edited by K'Tesh; 10-26-2008 at 09:40 PM.
Reply With Quote
  #3  
Old 10-26-2008, 11:33 PM
OldCog's Avatar
OldCog OldCog is offline
Member
Site Admin
 
Join Date: Jul 2008
Location: Smack in Old Beaverton
Posts: 83
Default

Sounds like a couple of yahoos who either are not licensed or are licensed and too chicken to ride in traffic.

If I see them we'll have a talk ---- motor-scooter or Harley - if you don't have the stones to ride in traffic with the cages then get the hell off the road.
__________________
Some people tell you the old walkin' blues ain't bad
Worst old feelin' that I've ever had ...
-Robert Johnson
Reply With Quote
  #4  
Old 10-27-2008, 05:58 AM
Let's Bike's Avatar
Let's Bike Let's Bike is offline
Junior Member
Site Admin
 
Join Date: Oct 2007
Location: West of Forest Park
Posts: 22
Post It's illegal according to ORS 814.210

814.210 Operation of moped on sidewalk or bicycle trail; penalty. (1) A person commits the offense of operation of a moped on a sidewalk or bicycle trail if the person operates a moped upon a sidewalk, a bicycle path or a bicycle lane.

(2) Exemptions to this section are provided under ORS 811.440.

(3) The offense described in this section, operation of a moped on a sidewalk or bicycle trail, is a Class D traffic violation. [1983 c.338 §644]


811.440 When motor vehicles may operate on bicycle lane. This section provides exemptions from the prohibitions under ORS 811.435 and 814.210 against operating motor vehicles on bicycle lanes and paths. The following vehicles are not subject to ORS 811.435 and 814.210 under the circumstances described:

(1) A person may operate a moped on a bicycle lane that is immediately adjacent to the roadway only while the moped is being exclusively powered by human power.

(2) A person may operate a motor vehicle upon a bicycle lane when:

(a) Making a turn;

(b) Entering or leaving an alley, private road or driveway; or

(c) Required in the course of official duty.

(3) An implement of husbandry may momentarily cross into a bicycle lane to permit other vehicles to overtake and pass the implement of husbandry.

(4) A person may operate a motorized wheelchair on a bicycle lane or path.

(5) A person may operate a motor assisted scooter on a bicycle lane or path.

(6) A person may operate an electric personal assistive mobility device on a bicycle lane or path. [1983 c.338 §645; 1991 c.417 §1; 2001 c.749 §24; 2003 c.341 §8]

Source: http://www.leg.state.or.us/ors/
Reply With Quote
  #5  
Old 10-27-2008, 08:15 AM
Arem Arem is offline
Member
Site Admin
 
Join Date: Jul 2008
Posts: 35
Default

I'm pretty darn sure they were going faster than 24 mph seeing as how the speed limit on Murray is between 40-45 and they caught up to me quickly. It made me do a double and even a triple-take to see them. What is worse is that at SW Allen I saw a police squad car make a left from Allen onto Murray...right past these guys and didn't even notice them. Did not care for that. There are two lanes on Murray either direction. They have the speed to go down the normal lane with other traffic, if others don't like it they can pass them like they do in downtown Portland on Burnside and such. *shakes head*

Last edited by Arem; 10-27-2008 at 09:35 AM. Reason: Fixed a sentence.
Reply With Quote
  #6  
Old 10-27-2008, 08:25 AM
K'Tesh's Avatar
K'Tesh K'Tesh is offline
Super Moderator
Site Admin
 
Join Date: Sep 2006
Location: Subject To Change
Posts: 2,742
Lightbulb Call it in...

If your certain that they are exceeding the 24mph speed limit for scooters, and they are a repeat problem, I'd suggest a camera, a cell phone and the Washington Co. Non-Emergency Dispatch (503) 629 0111 be used. I'd also make a note of your current speed (presuming that you have a bike computer).

Might take a while for them to be caught, but when they do, I'm certain they'll not like the results.

Happy Hunting!
K'Tesh
__________________
Riding my bike is MY pursuit of Happiness!!!
beam.to/UFOBike
Reply With Quote
  #7  
Old 10-27-2008, 09:39 AM
Arem Arem is offline
Member
Site Admin
 
Join Date: Jul 2008
Posts: 35
Default

I'm hoping that if they do get pulled over, they get some education and with concern to riding on the road "@#$% or get off the pot" hopefully they'll be in the lane next time. This is the first time I've seen them. On my motorcycle I glanced down and knew I was going 40 mph at the time and I do happen to have a bike computer on my bicycle so if I happen to see them while out near Murray again I'll be sure to take a snapshot at least with my mobile phone camera. With as wide as they were I'd fear for anybody else riding in the bike lane that wouldn't expect a motorized vehicle to be coming up from behind to make a pass. They'd easily clip somebody.
Reply With Quote
  #8  
Old 10-29-2008, 02:30 AM
Tait Tait is offline
Senior Member
Site Admin
 
Join Date: Oct 2007
Posts: 131
Default

Quote:
Originally Posted by K'Tesh View Post
Found this online...
According to ORS 801.348, a motor-assisted scooter:
...
  • Can be propelled by human or motor;
Quote:
Originally Posted by Let's Bike View Post
...811.440 When motor vehicles may operate on bicycle lane.
...
(5) A person may operate a motor assisted scooter on a bicycle lane or path.
Does the requirement in 801.348 mean the motor-assisted scooter must be capable of being powered by motor or human, as in both options must be available means of propelling the vehicle? Or does it mean the motor-assisted scooter must be capable of being powered by motor or human, as in one or the other is fine, not necessarily requiring both? That would make a big difference in my opinion about 801.440's inclusion of motor-assisted scooters as being allowed to use bicycle lanes.

Second, when did (5) become part of 801.440? I don't remember that, and I strongly dislike the idea of letting motorized propulsion into the bike lane. I don't mind bikes with "assist" motors, and I grudgingly share with wheelchairs, but if you ask me, scooters are right out.
Reply With Quote
  #9  
Old 10-29-2008, 08:44 AM
Haven_kd7yct's Avatar
Haven_kd7yct Haven_kd7yct is offline
Senior Member
Site Admin
 
Join Date: Jun 2006
Location: Tigard, OR
Posts: 486
Default

Is an "implement of husbandry" an animal like a horse or cow?

I can think of another definition of "implement of husbandry" but I really think the ORS is referring to movement of farm animals/equipment in rural areas.

Reply With Quote
  #10  
Old 10-29-2008, 09:35 AM
Arem Arem is offline
Member
Site Admin
 
Join Date: Jul 2008
Posts: 35
Default

I think you're right, Haven
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -8. The time now is 04:44 PM.




A production of Pedaltown Media Inc. / BikePortland.org
Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.