Oregon's Passing Laws

The laws in the Oregon Vehicle Code governing overtaking and passing other vehicles must be confusing because many people -- drivers and cyclists alike -- appear to lack a basic understanding of the law. A Marion County public official recently expressed the view that he did not want to see bicyclists on some local roads because, "You get pretty close to them with your vehicle." This county official apparently was unaware of the alternative of slowing his vehicle down and following the cyclists until he could safely pass.

His apparent confusion is shared by an astonishing number of people. It is not unusual to hear a comment from a driver expressing concern for cyclist safety after the driver had "squeezed their vehicle between a cyclist and oncoming traffic." Every cyclist can recount numerous situations in which a motor vehicle passed them at an uncomfortably close distance. Clearly, some of these situations involve out-of-control drivers who are trying to intimidate and harass cyclists. However, many of the situations involve well-meaning, generally conscientious drivers who apparently have a blind spot with respect to their responsibilities when operating a motor vehicle around bicyclists.

ORS 811.410 governs the responsibility of a driver who is overtaking and passing another vehicle. The law requires the overtaking driver to leave a safe distance between their vehicle and the vehicle they are overtaking. The statute also specifies that the overtaking driver must not return to the right side of the road until safely clear of the overtaken vehicle. Most experts agree that three feet is the minimum safe distance for motor vehicles passing bicyclists and several states have established three feet as the minimum distance for passing bicyclists.

While Oregon does not have a statutorily defined safe distance that covers all situations, ORS 811.065 does define "safe distance" as it applies if the motor vehicle is traveling faster than 35 mph on a road that does not have a bike lane. In these situations, the motorist is required to leave space between their vehicle and the bicyclist that is sufficient to avoid contact with the bicyclist if the bicyclist were to fall into the driver's lane of travel. That "fall over" distance is likely four to five feet. There are no qualifiers in the law indicating that motorists only need to operate their vehicles safely when convenient.

Perhaps all drivers should be required to take a test along the following lines:

1. You round a corner and see a farm tractor ahead traveling in your lane. What should you do?
     a. Maintain your speed and crash into the back of the tractor.
     b. Maintain your speed and swerve over into the oncoming lane of traffic.
     c. Lay on your horn so that the operator of the tractor will drive it into the ditch.
     d. Slow down and follow the tractor until you can safely pass.

2. You round a corner and see a car stopped with it's left turn signal flashing. What should you do?
     a. Maintain your speed and crash into the back of the car.
     b. Maintain your speed and try to pass the car on the left before the oncoming vehicle on which the turning car is waiting gets there.
     c. Maintain your speed and pass the turning car on the right by driving into the ditch.
     d. Slow down or stop as necessary to allow the left turning car to clear your lane of travel.

3.  You round a corner and see a pedestrian crossing the road in an unmarked crosswalk. What should you do?
     a. Maintain your speed and crash into the pedestrian.
     b. Maintain your speed and swerve in front of the pedestrian.
     c. Maintain your speed and hope there is room for you to pass behind the pedestrian.
     d. Slow down and yield to the pedestrian.

4.  You round a corner and see a bicyclist traveling in the same travel lane and direction as you are driving. What should you do?
     a. Maintain your speed and crash into the bicyclist.
     b. Maintain your speed and pass the bicyclist without crossing the center line.
     c. Lay on your horn so the bicyclist will ride off the road and out of your way.
     d. Slow down and follow the bicyclist until you can safely pass.

Obviously, the answer to each of these questions is "d". 

The burden for using public roads and streets safely and courteously does not rest solely with the overtaking driver. As the operators of slow moving vehicles, bicyclists also have statutory responsibilities to share the road by taking reasonable actions to avoid unduly inhibiting other traffic. I will address these responsibilities in a subsequent post.