A bike safety measure that The Oregonian describes as the “top priority in the 2019 legislative session” for cycling advocates has passed both houses of the legislature and is headed to Governor Kate Brown for her approval. Its core is a deceptively simple statement: “A bicycle lane exists in an intersection if the bicycle lane is marked on opposite sides of the intersection in the same direction of travel.”
That might sound like common sense, but a judge in Bend shocked the biking community last fall by ruling otherwise (click here for the blog I wrote on this case at the time). As a matter of law that case turned on ORS 811.415, a statute that defines unsafe passing on the right. In the Bend case a commercial truck driver struck and killed a bike rider in an intersection as the cyclist was following a bike lane through an intersection. The truck was turning. The court held that bike lanes do not exist in places where they are not striped or painted as they pass through intersections, therefore the obligation the truck driver would have had to signal and take due care when turning across another traffic lane did not apply (the newspaper notes that a Multnomah County court issued a similar ruling in a 2009 case). This was a dubious bit of legal reasoning at the time. The legislature has now clarified the question, and deserves credit for moving swiftly to do so.
Under Oregon law a bike lane is just as much a ‘lane’ as one dedicated to cars. ORS 814.400 is titled “Application of vehicle laws to bicycles.” It gives cyclists rights, and just as it requires them to respect the rules of the road in their interactions with cars it requires motorists to respect the rights of cyclists. Indeed, a related law, ORS 814.420, requires that cyclists use bike lanes where they are available. Taking those as a starting point why would one not assume that a bike lane extends across an intersection? To believe it does not would imply that cars need not keep to their lane or turn only in a legal manner when they cross intersections. No one who has passed a driving test would ever believe that is the case.
As a Portland lawyer with a longstanding commitment to the bike riding community I am very happy that the legislature has moved to address this dangerous, court-created, loophole. Portland has a hard-earned reputation as one of the most bike-friendly cities in America, but as one prosecutor involved in the Bend case told The Oregonian “this is cultural… many people just don’t think of them as lanes.” This legal clarification should not have been necessary in the first place. Now that we have it, however, every rider will be a little bit safer.
The Oregonian: Bike lanes exist in an intersection, Oregon lawmakers affirm
Portland Bureau of Transportation: Protected Bike Lanes
ORS 814.420: Failure to use bicycle lane or path