Frequently Asked Questions. My local FAQ supplements the national FAQ from the American Bicycling Education Association.

TRAFFIC LANE INTERACTIONS:
A bicyclist is in front of me. What should I do?
Can I honk at a cyclist?
Where should a bicyclist ride within a traffic lane?
How can drivers safely pass bicyclists?
What’s the cyclist’s responsibility to move out of the way of drivers?
Can bicyclists ride side-by-side in the traffic lane?
What’s the meaning of the sharrow marking on the road?
Are bicyclists required to use shoulders?
Are bicyclists allowed on freeway and interstates?
Are bicyclists required to stop at stop signs and red lights?
Can bicyclists pass drivers on the right within the same lane?
BIKE LANE INTERACTIONS:
Are bicyclists required to stay in bike lanes?
When drivers turn though bike lanes, are cyclists required to stay out of the way?
When can I drive in bicycle lanes?
When can I stop/park in bike lanes?
SIDEWALKS/CROSSWALKS:
Must drivers yield to bicyclists in crosswalks and sidewalks?
MISCELLANEOUS:
What is the law regarding helmet use?
Are bicyclists required to have lights?
Do bicyclists need to signal their movements?
How should a bicyclist make a left turn?
What is the law regarding bicyclists carrying loads?

A bicyclist is riding in front of me. What should I do?
It’s mandatory to reduce speed until it’s “reasonable and prudent” to conditions, including the presence of bicyclists, pedestrians, and all slow-moving traffic.  This law is called the Basic Speed Law and is the first concept described in the Drivers Manual.  ORS 811.100

The cyclist has several reasons to ride in the center of the lane (see questions below), and has the legal right to determine his safest position.  ORS 814.430(2).

Stay behind and change lanes to pass when safe to do so. If unable to pass, wait until the cyclist will release (ie, move to the right or off the road) within several minutes or blocks.

Even if a cyclist doesn’t do what they’re supposed to, drivers can’t buzz or honk at the cyclist. Regardless of what the cyclist does, drivers must exercise due care.
CITATION: Attorney Chris Thomas’s verbal conversation with Traffic Instructor Viv on 2024/04/29

Can I honk at a cyclist?
No. It’s illegal to honk unless as a “reasonable warning” of danger. ORS 815.225

Where should a bicyclist ride within a traffic lane?
Traffic classes suggest that the optimal riding position for bicyclists and motorcyclists is the middle of the lane for a variety of reasons, including to be maximally visible, to encourage drivers to change lanes to pass, to ride as far from hazards as possible, and to build in an escape route.

Oregon law states that cyclists may occupy the full lane when:
1.) traveling at the normal speed of traffic
2.) in preparation to turn left
3.) passing a vehicle or bicyclist
or
4.) avoiding hazardous conditions (“including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or other conditions”)

When those conditions aren’t met, Oregon law states that bicyclists are required to “ride as close as practicable to the right edge of the roadway”.

ORS 814.430(2)(c) provides an exemption from riding on the right “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.” Most traffic lanes are 10-12 ft wide. The American Bicycling Education Association argues that the requirement to “ride to the right” is negated by this lane width exemption, because the width to travel safely side by side is at least 16 feet, and very few traffic lanes reach 16 ft wide. However, Attorney Chris Thomas advises that courts will entirely ignore this lane width exemption. Read more of his advice on when to release faster traffic.
ORS 814.430, Explanation from the national bicycle education cirriculum

How can drivers safely pass bicyclists? 
Unsafe passing is the #1 cause of bicycling fatality, so this issue cannot be overstated.  Although it’s legal to pass bicyclists within the same lane, this is called “lanesplitting”, and is controversial even for motorcycles. Lanesplitting means entering an already occupied lane, and hoping the occupant doesn’t move left. Lanesplitting in a car puts you at the highest risk of killing the cyclist.  The safest technique is to pass exactly as if you were passing another car: move entirely into the adjacent lane, return to the lane well ahead of the cyclist, and use turn signals for every lane change.  These techniques, which apply to passing all small roadway users, are demonstrated in the Honda video below. I like this video because it shows that this is a universal concept (in another language and applied to motorcycles), and comes from the automobile industry.

When a bicyclist operates in the middle of the lane, that’s communication to drivers behind that it’s unsafe to pass within the lane (ie, lanesplit).  Change lanes to pass.

Do not pass near an intersection, on a hill, or on a curve.  ORS 811.410, 811.305

What’s the cyclist’s responsibility, in traffic lanes, to release (ie, move out of the way of) drivers?

In the majority of situations, slow vehicle is not impeding traffic.  State law says that impeding cannot apply when
1.) proceeding in a manner needed for safe operation.
Additionally, Oregon courts have added three criteria for impeding:
2.) the slow traffic is significantly below the speed limit
3.) faster traffic cannot safely and lawfully pass
AND
4.) faster traffic is forced to remain behind the slow traffic for an unreasonable distance.  This distance hasn’t been clarified other than a court decision that “a fraction of a mile” is not impeding.

Our attorneys are not in consensus regarding how much these 4 criteria will apply to bicyclists in traffic. Courts may apply any of these 4 criteria depending on the situation. A general concept is that if faster traffic can safely pass, it is not impeded. Explanation from a traffic lawyer, ORS 811.130, 811.425

When faster traffic is unable to pass, slow traffic should “release” at regular intervals. This means periodically (every few minutes or few blocks) moving to the right or off the road entirely, to allow faster traffic to proceed, then returning to the middle of the lane. This is how we “share the road” by sharing delay. Explanation #1 from bicycle education cirriculum, Explanation #2 from bicycle education cirriculum

The traffic theory of “release” and legal concept of “impeding” are identical. They are different ways of describing the same interaction between slow and fast traffic. Slow traffic avoids impeding fast traffic by releasing at regular intervals.

Cyclists won’t release drivers the moment a driver approaches. Drivers must wait until it’s safe to pass or for the cyclist to release.

For a legal interpretation, our attorney advises cyclists: When riding at less than the Basic Rule (ie, speeds reasonable to conditions) and there are drivers behind, and there’s a safe opportunity to ride to the right to allow drivers to move by, then the cyclist should do that, especially in rural settings. In the city, opportunities for drivers to pass are abundant. The cyclist should be given reasonable latitude for when to move to the right, and it doesn’t need to happen immediately. Cyclists aren’t required to pull over at stop signs or stop lights.  But often at intersections, especially where there isn’t parking at intersections, cyclists can naturally pull off and allow drivers to pass.  Cyclists don’t need to pull off mid-block (ie, into an open parking spot) to satisfy the law.
CITATION: Attorney Chris Thomas’s verbal conversation with Traffic Instructor Viv on 2024/04/29

Can bicyclists ride side-by-side in the traffic lane? 
Yes.  Oregon allows up to two cyclists side-by-side. There’s a bizarre myth that side-by-side riding makes it harder for drivers to pass cyclists.  In reality, when cyclists bunch together, it’s quicker and less movement for drivers to pass.  ORS 814.430(2)(e)

What’s the meaning of the sharrow marking on the road? 

This is a national road sign, used where bicycling on the right side of the road has been deemed unsafe.  It also alerts drivers to the presence of cyclists.  It indicates the city’s recommendation of where the cyclist should ride and is not legally binding. National Association of Transportation Officials, Manual on Uniform Traffic Control Devices Section 9C.07

Are bicyclists required to use shoulders?  
Our attorneys have differing views. Oregon law is clear that riding on a shoulder is allowed.  Shoulders are not bicycle lanes, and are not maintained to ensure safe passage.  Anyone travelling on a shoulder gets stuck without right-of-way at every intersection.  A literal reading of the law is that the shoulder isn’t mandatory for cyclists to use. However, a jury might find it “reasonable” for the cyclist to stay on the shoulder, consider the shoulder part of “riding as far to the right as practicable”, and might find a percentage of liability if there were a crash and cyclist could have been on a shoulder. ORS 801.480, 801.608, Oregon definition of roadway

Are bicyclists allowed on freeways and interstates? 
Yes.  Drivers must reduce speed and yield appropriately.

However, state law describes seven specific sections of freeways/interstates where bicyclists are prohibited: six around Portland and one near Medford.  See links for full details.  Adequate signage must be present to warn about this anomaly.  OAR 734-020-0045

Are bicyclists required to stop at stop signs and red lights?
Cyclists must treat red lights the same as drivers.

Cyclists may treat stop signs and flashing red lights as yield signs. This means that cyclists must slow to a safe speed, and check if the intersection is clear. If the intersection is clear, cyclists do not need to stop. ORS 814.414, 814.416. Explanation from a traffic attorney #1, #2. Explanation from Oregon Department of Transportation. Senate Bill that describes the enactment of this law.

Can bicyclists pass cars on the right within the same lane?
Yes, when “safe” to do so. However, this is lanesplitting, and is generally not advised because drivers may move laterally or open their door, so safety cannot be known. ORS 811.415(2)(c)

Are bicyclists required to stay in bike lanes?
No.  Cyclists may choose between sidewalks, bike lanes, and traffic lanes, depending on safest conditions and which takes them to their desired destination.

Fine details: The Oregon law that mandates bike lane use is the most confusing of all bike-related laws. It states that bike lanes are only mandatory if a study has confirmed the safety of a bike lane and the results announced at a public hearing.  This can make bike lanes mandatory on a lane-by-lane basis. The general public doesn’t know which bike lanes have had the study, what the results were, and whether the results were publically announced. There’s no standard process for conducting this study and how to announce it, so every city handles it differently or ignores this law. Even for those bike lanes deemed mandatory, cyclists still have the legal right to use the adjacent traffic lane when avoiding hazards and preparing to turn or pass, which covers the majority of situations.

However, our attorney warn that a cyclist who leaves the bike lane to avoid a hazard may encounter an officer who doesn’t understand, even though we clearly teach these safety concepts in traffic classes. This can feel like a trap for cyclists who feel what they’re doing is reasonable, but a judge/jury disagrees about what is reasonable.

ORS 814.420(3) Legal Guide for Oregon Bicyclists p 63-65

When drivers turn though bike lanes, are cyclists required to stay out of the way? 
Bicyclists have right-of-way over drivers within bicycle lanes, similar to a locomotives’s right-of-way on a railroad.  It’s a class B traffic violation for drivers to obstruct traffic in the bicycle lane.  Explanation #1 from a traffic lawyer,  Explanation #2 from a different traffic lawyer, ORS 153.021

Turning drivers must wait in their lane until the bike lane is clear.  The driver’s turn should not in any way obstruct bicyclists moving in the bike lane.  Bike lanes exist all the way through intersections, even if they are temporarily unmarked inside the intersection.  For a collision inside a bike lane, the applicable law is titled “Failure to yield to rider on bicycle lane”.  ORS 811.050, 811.440; Legal Guide for Oregon Bicyclists p.66, p.89-94

Drivers must yield to the bicycle lane when attempting a parking maneuver, entering driveways or parking lots, and exiting a vehicle.  Legal Guide for Oregon Bicyclists p 66

When can I drive in bicycle lanes? 
After yielding the right of way to cyclists and ensuring the bike lane is clear, drivers may travel perpendicularly through bike lanes when turning, going through an intersection, or entering/exiting a driveway or parking lot.  Do not drive in and along the bicycle lane.  ORS 811.435, 811.440, 811.050, Explanation from a traffic lawyer

When can I stop or park in bike lane? 
This is typically prohibited.  By Oregon law, drivers may momentarily stop or park in the bike lane when actively loading or unloading the passengers or property.  This allows buses, mail trucks, and garbage trucks to do their jobs.  The laws linked below list other unusual scenarios, that don’t apply to normal citizens, where drivers may stop on the bike lane. In this situation, bicycle lane traffic must wait or pass.

ORS 811.550(23), 811.555, 811.560, Explanation from a traffic lawyer, Lawyer clarification regarding conflicting Portland and Oregon laws. Portland City Code 16.20.130(U)

Must drivers yield to bicyclists in crosswalks and sidewalks?
Yes.  In sidewalks and crosswalks, cyclists have the same rights as pedestrians.  Cyclists do not need to dismount the bicycle.  ORS 811.055, 814.410(2); Explanation from traffic lawyer #1, #2

Caveat: Local ordinances can ban bicycles on certain sidewalks.  Every city handles these differently, regarding which sidewalks are banned, what the exceptions are, and how the public is notified via signage. Portland doesn’t have signage, yet occassionally enforces a sidewalk ban, leading to confusion.

Portland has only banned riding sidewalks unless avoiding a traffic hazard in the immediate area, within the area bounded by and including SW Jefferson, Front Avenue, NW Hoyt and 13th Avenue, followed by a list of excemptions to that restriction.

Portland City Code 16.70.320(E) Corvallis Municipal Code 6.10.060.090(2),  Legal Guide for Oregon Bicyclists p 117-119

What is the law regarding helmet use? 
Anyone under 16 years of age must wear a helmet unless it violates a religious belief.  In civil court, lack of helmet is not applicable to reduce the amount of damages or constitute a defense when a cyclist is injured.  ORS 814.485, 814.486, 814.487, 814.489

Are bicyclists required to have lights?
During limited visibility conditions, a bicyclist must have a white light in front and a light or reflector in the rear.  This applies on sidewalks as well.  ORS 815.280

Do bicyclists need to signal their movements? 
Bicyclists must signal continuously for at least 100 ft before executing the stop or turn, unless it’s necessary that both hands be used to safely operate the bicycle.  ORS 814.440

Drivers are required to signal for 100 feet, and that requirement got transferred to cyclists. It’s easier for drivers to signal that long, and that’s practically too long for cyclists to hold an arm up. Whenever there’s a number in traffic law, the concept is more important to know than the actual number. Statistically, people are bad at turning. So the concept, for any transportation mode, is to signal as long as we can, so others can notice when we’re about to make a turning mistake, and avoid us.

How should a bicyclist make a left turn?
To turn left, bicyclists have two options: 1.) Just as drivers do, change lanes into the leftmost lane before turning or 2.) use the crosswalks for part or all of the turn.

Biyclists may use a crosswalk to reach a bicycle lane, then reposition the bicycle 90 degrees into the bicycle lane.

Bicyclists should not turn left from the right side of the road, even if it’s from the bicycle lane.  ORS 811.340, 811.550(23),

What is the law regarding bicycles carrying loads? 
Rider must have full control and have at least one hand on the handlebars.  A bicycle cannot carry more people than it’s designed or safely equipped for. ORS 814.450, 814.460