(Note: The rust colored information was not specifically discussed in the meeting.)
Marion County criteria for responding to reports of crashes:
Criteria? One or more of the following*:
- Serious protracted injury
- Crime
- Parties not exchanging information
- Physical obstruction
*Note that this is Marion County-specific and the criteria for other jurisdictions (i.e. Salem, other counties) might differ. These criteria can change because they are at the discretion of a department; they are not laws or standards.
Advice for cyclists involved in crashes with motor vehicles?
It is okay to call 911 in any bicycle-car collision and have dispatch help you determine the need for police on-site. If police attendance is determined unnecessary then a case number can be given over the phone. A case number might be needed for insurance.
A case number is not needed to issue a citizen citation. During the exchange of information with the motorist, cyclists should make sure that they get the following information about the driver, most of which is on the driver’s license:
- Drivers Name (First, MI, Last)
- Address
- License Number
- Sex, race, date of birth, height, weight, hair color, eye color
and the following information about the driver's vehicle:
- License Number
- Year, Make, Model, Style, Color (e.g., 1999 Toytota Tacoma Pickup, Purple)
Issuance of citations in crashes:
What are the criteria that Marion County uses?
- This is entirely at the discretion of the on-scene deputy, and will differ from deputy to deputy (or sergeant). We learned that some deputies have special training in particular areas that make them more sensitive or knowledgeable about specific scenarios (i.e. traffic violations, etc).
In the absence of a citation, what response should cyclists expect if they issue a citation themselves under ORS 153.058?
- This process is initiated at the DA's office.
- If the driver contests the citation, then the cyclist will have to present evidence in court to support the citation. Unlike a criminal trial in which the standard for establishing guilt is “beyond a reasonable doubt”, the standard in a traffic case is a preponderance of the evidence presented (51%) supports a conclusion of guilt or, based on the evidence it is more likely than not that the driver is guilty of the violation.
Enforcement of traffic laws for cyclist safety:
Have citations been issued under ORS 811.135(3) Careless driving with injury to a vulnerable user or ORS 811.065 Unsafe passing of a bicyclist?
- The sergeant could not recall a case.
What can be done to improve enforcement of these and other laws protecting cyclists?
- We briefly discussed creating a video in-service for police and supplying police staff with BTA (or similar) literature.
- Doug suggested an Awareness Enhancement Operation (perhaps on Hazelgreen). The sergeant did not seem opposed but did suggest that it would not bring the $ needed to conduct. We disagree. If we were to push this suggestion, it sounds like we would want to contact the head of the traffic team.
Interpretation of passing laws:
Can a motorist cross a double line to pass a cyclist?
- ORS 811.420 relating to passing in a no passing zone allows an exception if an obstruction or condition exists making it necessary cross the centerline provided that the driver yields to oncoming traffic. Some people consider bicycles to essentially constitute an obstruction and argue that drivers may therefore cross a double line to pass. The sergeant indicated that crossing a double line is technically a violation but doubted that a citation would be issued if the driver did so with care and had sufficient vision to be able to yield to any potential oncoming traffic.
What constitutes "impeding the normal and reasonable movement of traffic" under ORS 814.430(2)(e)?
- The sergeant could not offer specific criteria; rather it seems that this, again, would be at the discretion of the officer. Police officer discretion might conflict with the driver's opinion and the cyclist's opinion. However, she did indicate that the need for a driver to slow down and follow a cyclist for a short period of time would not constitute impeding traffic.
What is the obligation of an overtaken cyclist under ORS 811.425?
- As with all other vehicle operators, a cyclist should yield to overtaking motor vehicles by moving out of the main travel lane if there is a safe way to do so and if there is no safe lane for the overtaking vehicle to use in passing. Riding at speed into gravel is not safe, for example, and is not expected of the cyclist. Similarly, a cyclist is not obliged to dismount and carry their bike off the road.
- However, PLEASE remember that a few drivers have different opinions and a driver who has just threatened you by driving too close may have other mental or legal issues. Do not engage in an argument about who is or who isn't right if an encounter ensues. Instead, make mental notes of as much identifying information about the driver, the vehicle, and the situation that you can and commit the information to written notes as soon as possible—particularly if the driver committed a traffic violation such as unsafe passing during the encounter. Law enforcement may be willing to issue a citation in egregious cases and, in the absence of action by a deputy or other officer, cyclists may be able to issue a citizens citation. (Recently, there was an encounter between some cyclists and a driver in a similar scenario. The driver threatened the cyclists with a knife. We can never be sure that a driver won’t brandish a weapon during a confrontation.)
What can we do to make the roads safer for cycling and how can the Marion County Sheriff's office help?
Training for police - what is the curriculum?
- Currently, Marion County police receive no in-service training about cycling laws/vulnerable users. We were told that this is because of a lack of time (only 3 in-service training days per year) and priority (e.g. domestic violence and police safety more important).
- However, the sergeant is open to ideas that would be low-cost and time-efficient.
Training for cyclists and drivers?
- The sergeant has offered to help us educate and encourage safe cycling through:
o Positive reinforcement campaigns (e.g. officers give rewards to helmet-wearing youth, etc). We would need to do the footwork to solicit rewards, for example, that officers would distribute ad hoc, while on duty.
o Public information video: We should contact the public information officer and school resource officer (who is a cycling advocate) to explore ways to create and distribute videos and other information about safe driving around cyclists and safe cycling on the road system.
Other ideas?
- Incorporation of Vulnerable Road User law and other information about the rights and responsibilities of drivers and cyclists into diversion class (Jen will contact NTSI)
- More emphasis on getting drivers who are cited into diversion classes.
- Diversion class for cyclists ticketed for traffic violations? This would take some time to get off the ground but could be a great way to get cyclists to attend Gary Obery's safe cycling class.
o How many citations are given to cyclists in Marion-Polk counties and the cities of Salem and Keizer each year?
