Bill Text: OR HB2732 | 2013 | Regular Session | Introduced
Bill Title: Relating to traffic violations.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2732 Detail]
Download: Oregon-2013-HB2732-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2750
House Bill 2732
Sponsored by Representative BUCKLEY
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 as
introduced.
Defines 'multiuse trail. '
Creates offense of failure of motor vehicle operator to yield
on multiuse trail. Punishes by maximum fine of $1,000.
Expands certain traffic offenses to include multiuse trails.
Eliminates certain exceptions to offense of unsafe passing of
person operating bicycle.
Creates offense of wearing headphones while operating bicycle.
Punishes by presumptive fine of $25.
Modifies offense of failure to use bicycle lane or path.
A BILL FOR AN ACT
Relating to traffic violations; creating new provisions; and
amending ORS 153.633, 811.060, 811.065, 811.435, 811.440,
811.550, 814.210, 814.420, 814.526, 814.552 and 815.282.
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITION OF MULTIUSE TRAIL + }
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of the Oregon Vehicle Code. + }
SECTION 2. { + ' Multiuse trail' means a public way, not part
of a highway, that is designated by official signs or markings as
being available for use by pedestrians, bicyclists and horseback
riders except as otherwise specifically provided by law. + }
{ +
TRAFFIC OFFENSES AND MULTIUSE TRAILS + }
SECTION 3. { + Section 4 of this 2013 Act is added to and made
a part of the Oregon Vehicle Code. + }
SECTION 4. { + (1) A person commits the offense of failure of
a motor vehicle operator to yield on a multiuse trail if the
operator does not yield the right of way to a person on a
multiuse trail who is:
(a) A pedestrian;
(b) Riding a horse; or
(c) Operating a bicycle, electric assisted bicycle, electric
personal assistive mobility device, moped, motor assisted scooter
or motorized wheelchair.
(2) This section does not require a person operating a moped to
yield the right of way to a bicycle or a motor assisted scooter
if the moped is operated on a multiuse trail in the manner
permitted under ORS 811.440.
(3) The offense described in this section, failure of a motor
vehicle operator to yield on a multiuse trail, is a Class B
traffic violation. + }
SECTION 5. ORS 811.435 is amended to read:
811.435. (1) { + Except as provided in ORS 811.440, + } a
person commits the offense of operation of a motor vehicle on a
bicycle trail if the person operates a motor vehicle
{ - upon - } { + on + } a bicycle lane { + , a multiuse
trail + } or a bicycle path.
{ - (2) Exemptions to this section are provided under ORS
811.440. - }
{ - (3) This section is not applicable to mopeds. ORS 811.440
and 814.210 control the operation and use of mopeds on bicycle
lanes and paths. - }
{ - (4) - } { + (2) + } The offense described in this
section, operation of a motor vehicle on a bicycle trail, is a
Class B traffic violation.
SECTION 6. ORS 811.440 is amended to read:
811.440. 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 { + , or operate a moped on a
multiuse trail, + } { - only while - } { + if + } the moped
is being exclusively powered by human power.
(2) A person may operate a motor vehicle { - upon - } { +
on + } 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 { +
multiuse trail, + } bicycle lane or { + bicycle + } path.
(5) A person may operate a motor assisted scooter on a { +
multiuse trail, + } bicycle lane or { + bicycle + } path.
(6) A person may operate an electric personal assistive
mobility device on a { + multiuse trail, + } bicycle lane or
{ + bicycle + } path.
SECTION 7. ORS 814.210 is amended to read:
814.210. (1) { + Except as provided in ORS 811.440, + } 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 { + or
multiuse trail + }.
{ - (2) Exemptions to this section are provided under ORS
811.440. - }
{ - (3) - } { + (2) + } The offense described in this
section, operation of a moped on a sidewalk or bicycle trail, is
a Class D traffic violation.
SECTION 8. ORS 811.060 is amended to read:
811.060. (1) For the purposes of this section, 'recklessly '
has the meaning given that term in ORS 161.085.
(2) A person commits the offense of vehicular assault of a
bicyclist or pedestrian if:
(a) The person recklessly operates a vehicle upon a highway
{ + or multiuse trail + } in a manner that results in contact
between the person's vehicle and a bicycle operated by a person,
a person operating a bicycle or a pedestrian; and
(b) The contact causes physical injury to the person operating
a bicycle or the pedestrian.
(3) The offense described in this section, vehicular assault of
a bicyclist or pedestrian, is a Class A misdemeanor.
SECTION 9. ORS 811.550 is amended to read:
811.550. { - This section establishes places where stopping,
standing and parking a vehicle are prohibited for purposes of the
penalties under ORS 811.555. - } Except as provided { - under
an exemption - } in ORS 811.560, a person is in violation of ORS
811.555 if a person parks, stops or leaves standing a vehicle in
any of the following places:
(1) Upon a roadway outside a business district or residence
district, whether attended or unattended, when it is practicable
to stop, park or leave the vehicle standing off the roadway.
Exemptions under ORS 811.560 (1), (7) and (9) are applicable to
this subsection.
(2) On a shoulder, whether attended or unattended, unless a
clear and unobstructed width of the roadway opposite the standing
vehicle is left for the passage of other vehicles and the
standing vehicle is visible from a distance of 200 feet in each
direction upon the roadway or the person, at least 200 feet in
each direction upon the roadway, warns approaching motorists of
the standing vehicle by use of flaggers, flags, signs or other
signals. Exemptions under ORS 811.560 (9) are applicable to this
subsection.
(3) On the roadway side of a vehicle stopped or parked at the
edge or curb of a highway. Exemptions under ORS 811.560 (7) are
applicable to this subsection.
(4) On a sidewalk. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(5) Within an intersection. Exemptions under ORS 811.560 (4) to
(7) are applicable to this subsection.
(6) On a crosswalk. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(7) Between a safety zone and the adjacent curb or within 30
feet of points on the curb immediately opposite the ends of a
safety zone, unless a different length is indicated by signs and
markings. For purposes of this subsection the safety zone must be
an area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate signs as to be plainly visible at
all times while set apart as a safety zone. Exemptions under ORS
811.560 (4) to (7) are applicable to this subsection.
(8) Alongside or opposite a street excavation or obstruction
when stopping, standing or parking would obstruct traffic.
Exemptions under ORS 811.560 (4) to (7) are applicable to this
subsection.
(9) Upon a bridge or other elevated structure upon a highway.
Exemptions under ORS 811.560 (4) to (8) are applicable to this
subsection.
(10) Within a highway tunnel. Exemptions under ORS 811.560 (4)
to (7) are applicable to this subsection.
(11) On any railroad or rail fixed guideway system tracks or
within seven and one-half feet of the nearest rail at a time when
the parking of vehicles would conflict with operations or repair
of the tracks. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(12) On a throughway. Exemptions under ORS 811.560 (4) to (7)
are applicable to this subsection.
(13) In the area between roadways of a divided highway,
including crossovers. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(14) At any place where traffic control devices prohibit
stopping. Exemptions under ORS 811.560 (4) to (7) are applicable
to this subsection.
(15) In front of a public or private driveway. Exemptions under
ORS 811.560 (2) and (4) to (7) are applicable to this subsection.
(16) Within 10 feet of a fire hydrant. Exemptions under ORS
811.560 (2) and (4) to (7) are applicable to this subsection.
(17) Within 20 feet of a crosswalk at an intersection.
Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to
this subsection.
(18) Within 50 feet upon the approach to an official flashing
signal, stop sign, yield sign or traffic control device located
at the side of the roadway if the standing or parking of a
vehicle will obstruct the view of any traffic control device
located at the side of the roadway. Exemptions under ORS 811.560
(2) and (4) to (7) are applicable to this subsection.
(19) Within 15 feet of the driveway entrance to a fire station
and on the side of a street opposite the entrance to a fire
station, within 75 feet of the entrance. Exemptions under ORS
811.560 (2) and (4) to (7) are applicable to this subsection.
(20) At any place where traffic control devices prohibit
standing. Exemptions under ORS 811.560 (2) and (4) to (7) are
applicable to this subsection.
(21) Within 50 feet of the nearest rail of a railroad or rail
fixed guideway system crossing. Exemptions under ORS 811.560 (3)
to (7) are applicable to this subsection.
(22) At any place where traffic control devices prohibit
parking. Exemptions under ORS 811.560 (3) to (7) are applicable
to this subsection.
(23) On a bicycle lane. { - Exemptions under ORS 811.560 are
applicable to this subsection. - }
(24) On a bicycle path. { - Exemptions under ORS 811.560 are
applicable to this subsection. - }
{ + (25) On a multiuse trail. + }
SECTION 10. ORS 814.526 is amended to read:
814.526. (1) A person commits the offense of unsafe operation
of a motor assisted scooter on a { + multiuse trail, + } bicycle
path or bicycle lane if the person operates a motor assisted
scooter on a { + multiuse trail, + }bicycle path or bicycle
lane and does not give an audible warning before overtaking and
passing a pedestrian or does not yield the right of way to all
pedestrians on the { + multiuse trail, + } bicycle path or
bicycle lane.
(2) The offense described in this section, unsafe operation of
a motor assisted scooter on a { + multiuse trail, + } bicycle
path or bicycle lane, is a Class D traffic violation.
SECTION 11. ORS 814.552 is amended to read:
814.552. (1) A person commits the offense of unsafe operation
of an electric personal assistive mobility device if:
(a) The person is operating an electric personal assistive
mobility device on a highway that has a designated or posted
speed limit greater than 35 miles per hour or that has no
designated or posted speed limit, and the person is not in a
bicycle lane or crossing the highway;
(b) The person is operating an electric personal assistive
mobility device on a { + multiuse trail, + } bicycle lane,
bicycle path or any part of a highway at a speed greater than 15
miles per hour;
(c) The person is operating an electric personal assistive
mobility device on a sidewalk in a careless manner that endangers
or would be likely to endanger any person or property;
(d) The person is operating an electric personal assistive
mobility device on a { + multiuse trail, + } bicycle lane,
bicycle path, sidewalk or other premises open to the public and
the person carries another person on the electric personal
assistive mobility device;
(e) The person is operating an electric personal assistive
mobility device at a speed greater than an ordinary walk when
approaching a crosswalk, approaching or entering a driveway or
crossing a curb cut or pedestrian ramp and a motor vehicle is
approaching the crosswalk, driveway, curb cut or pedestrian ramp;
or
(f) The person is operating an electric personal assistive
mobility device on a sidewalk { + or multiuse trail + } and does
not give an audible warning before overtaking and passing a
pedestrian and does not yield the right of way to all pedestrians
on the sidewalk { + or multiuse trail + }.
(2) The offense described in this section, unsafe operation of
an electric personal assistive mobility device, is a Class D
traffic violation.
SECTION 12. ORS 815.282 is amended to read:
815.282. (1) A person commits the offense of operating a
motorized wheelchair on a { + multiuse trail, + } bicycle lane
or path without proper lighting equipment if the person operates
a motorized wheelchair on a { + multiuse trail, + } bicycle lane
or path and the person is not equipped with lighting equipment
required of bicyclists under ORS 815.280.
(2) This section applies at the times described in ORS 815.280
for application of the lighting requirements of that section to
bicyclists.
(3) The offense described in this section, operating a
motorized wheelchair on a { + multiuse trail, + } bicycle lane
or path without proper lighting equipment, is a Class D traffic
violation.
{ +
OFFENSE OF UNSAFE PASSING OF A PERSON + }
{ +
OPERATING A BICYCLE + }
SECTION 13. ORS 811.065 is amended to read:
811.065. (1) A driver of a motor vehicle commits the offense of
unsafe passing of a person operating a bicycle if the driver
violates any of the following requirements:
(a) The driver of a motor vehicle may only pass a person
operating a bicycle by driving to the left of the bicycle at a
safe distance and returning to the lane of travel once the motor
vehicle is safely clear of the overtaken bicycle. For the
purposes of this paragraph, a 'safe distance' means 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. { - This paragraph does not apply to a driver
operating a motor vehicle: - }
{ - (A) In a lane that is separate from and adjacent to a
designated bicycle lane; - }
{ - (B) At a speed not greater than 35 miles per hour; or - }
{ - (C) 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. - }
(b) The driver of a motor vehicle may drive to the left of the
center of a roadway to pass a person operating a bicycle
proceeding in the same direction only if the roadway to the left
of the center is unobstructed for a sufficient distance to permit
the driver to pass the person operating the bicycle safely and
avoid interference with oncoming traffic. This paragraph does not
authorize driving on the left side of the center of a roadway
when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325.
(c) The driver of a motor vehicle that passes a person
operating a bicycle shall return to an authorized lane of traffic
as soon as practicable.
(2) Passing a person operating a bicycle in a no passing zone
in violation of ORS 811.420 constitutes prima facie evidence of
commission of the offense described in this section, unsafe
passing of a person operating a bicycle, if the passing results
in injury to or the death of the person operating the bicycle.
(3) The offense described in this section, unsafe passing of a
person operating a bicycle, is a Class B traffic violation.
{ +
OFFENSE OF WEARING HEADPHONES + }
{ +
WHILE OPERATING A BICYCLE + }
SECTION 14. { + Section 15 of this 2013 Act is added to and
made a part of the Oregon Vehicle Code. + }
SECTION 15. { + (1) A person commits the offense of wearing
headphones while operating a bicycle if the person operates a
bicycle while wearing headphones or earbuds.
(2) A person does not commit the offense of wearing headphones
while operating a bicycle if the person:
(a) Has only one ear covered while wearing the headphones; or
(b) Is wearing only one earbud.
(3) The offense described in this section, wearing headphones
while operating a bicycle, is a specific fine traffic violation.
The presumptive fine for wearing headphones while operating a
bicycle is $25. + }
{ +
OFFENSE OF FAILURE TO USE A BICYCLE LANE OR PATH + }
SECTION 16. ORS 814.420 is amended to read:
814.420. (1) Except as provided in subsections (2) and (3) of
this section, a person commits the offense of failure to use a
bicycle lane or path if the person operates a bicycle on any
portion of a roadway that is not a bicycle lane or bicycle path
when a bicycle lane or bicycle path is adjacent to or near the
roadway.
(2) A person is not required to comply with this section 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.
(3) A person is not in violation of the offense under this
section 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 - } { + may + } turn right.
(4) The offense described in this section, failure to use a
bicycle lane or path, is a Class D traffic violation.
{ +
MISCELLANEOUS + }
SECTION 17. ORS 153.633, as amended by section 15, chapter 89,
Oregon Laws 2012, is amended to read:
153.633. (1) In any criminal action in which a fine is imposed,
the lesser of the following amounts is payable to the state
before any other distribution of the fine is made:
(a) $60; or
(b) The amount of the fine if the fine is less than $60.
(2) A justice or municipal court shall forward the amount
prescribed under subsection (1) of this section to the Department
of Revenue for deposit in the Criminal Fine Account.
(3) The provisions of this section do not apply to fines
imposed in justice and municipal courts under ORS 811.590,
814.485, 814.486, 814.534, 814.536, 814.600 or 830.990 (1) { +
or section 15 of this 2013 Act + }.
{ +
APPLICABILITY + }
SECTION 18. { + The amendments to ORS 811.060, 811.065,
811.435, 811.440, 811.550, 814.210, 814.420, 814.526, 814.552 and
815.282 by sections 5 to 13 and 16 of this 2013 Act apply to
violations committed on or after the effective date of this 2013
Act. + }
{ +
CAPTIONS + }
SECTION 19. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
----------
