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Feb 20th 2017, 02:31 PM   #1
 SlimBeatty's Avatar
 
  Jan 2016
  Beaverton, OR

  08 FZ1
ORS 811.440 When motor vehicles may operate on bicycle lane

Question for all you motorcycle peeps. Ask an officer is no longer a section. I was pulled over after I used the bike lane and made a right hand turn onto another street. Who is correct? Officer or Motorcyclist

ORS 811.440

When motor vehicles may operate on bicycle lane

This section provides exemptions from the prohibitions under ORS 811.435 (Operation of motor vehicle on bicycle trail) and 814.210 (Operation of moped on sidewalk or bicycle trail) against operating motor vehicles on bicycle lanes and paths. The following vehicles are not subject to ORS 811.435 (Operation of motor vehicle on bicycle trail) and 814.210 (Operation of moped on sidewalk or bicycle trail) 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]
Feb 20th 2017, 03:16 PM   #2
 Squidly's Avatar
 
  Jan 2016
  Bothell

Pretty sure that just means you can cross the bike lane while turning, not travel in it up to a turn.
Greg likes this.
Feb 20th 2017, 09:16 PM   #3
 MikeMikeMike's Avatar
 
  Feb 2016
  Seattle

Nobody knows because we weren't there. But the law certainly allows you to use the bike lane while turning. If you were in Washington State there is a discovery process that allows you to subpoena the Officers Sworn Statement. I imagine Oregon has a similar process. But I have no experience with traffic tickets in Oregon. If I had gotten this in Washington I would contest the ticket, subpoena the officers notes, and see what their sworn statement is. That statement may be all the evidence you need to get the ticket dismissed.
albatrosscafe likes this.

Edited by MikeMikeMike on Feb 22nd 2017 at 03:13 PM Reason: Typo
Feb 21st 2017, 11:07 AM   #4
 SlimBeatty's Avatar
 
  Jan 2016
  Beaverton, OR

  08 FZ1
I did not receive a ticket, but a talking to. The LEO informed me that I was misinterpreting the law. I read the law and it is very vague and just wanted some input from the moto community. The law does not specify if a vehicle can pass other vehicles while in the bike lane. He stated it was unsafe, but I believe it is safer than being rear ended. Just like filtering.
Feb 22nd 2017, 08:36 AM   #5
 CopperMike's Avatar
 
  Apr 2016
  Keizer

  13 Goldwing F6B
"Making a turn" is not same as using as a travel lane with intent to turn when reaching cross street or driveway. Retired Muni Court Judge I know would "generously" give 100 feet. More than that was, according to her, using as a travel lane. If that makes sense.

Ultimately it comes down to being able to articulate how long you were in the bike lane.
Feb 22nd 2017, 08:53 AM   #6
 Nathan's Avatar
 
  Jan 2016
  space needle

That makes sense. I think the driving manual states that we're supposed to signal a turn at least 100ft before turning.

but watch out for bicyclists getting into a hissy fit!
Feb 22nd 2017, 04:54 PM   #7
 Chrishil54's Avatar
 
  Jan 2016
  Kirkland

  V-Star 1100 Custom
Quote:
Originally Posted by Nathan
...but watch out for bicyclists getting into a hissy fit!
That's because they get tired from going "VROOM" all the time pretending they are riding real bikes....
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