814.400
Application of vehicle laws to bicycles. (1) Every person riding a bicycle upon a public way
is subject to the provisions applicable to and has the same rights and duties
as the driver of any other vehicle concerning operating on highways, vehicle
equipment and abandoned vehicles, except:
(a) Those
provisions which by their very nature can have no application.
(b) When
otherwise specifically provided under the vehicle code.
(2) Subject to
the provisions of subsection (1) of this section:
(a) A bicycle is
a vehicle for purposes of the vehicle code; and
(b) When the term
“vehicle” is used the term shall be deemed to be applicable to bicycles.
(3) The
provisions of the vehicle code relating to the operation of bicycles do not
relieve a bicyclist or motorist from the duty to exercise due care. [1983 c.338
§697; 1985 c.16 §335]
Notes of Decisions
Cited in
10
cases, 1986–2020 · leading case:
State v. Smith, 55 P.3d 553 (Or. Ct. App. 2002).
State v. Smith, 55 P.3d 553 (Or. Ct. App. 2002).
“Notwithstanding this subsection, *125 bicycles are generally subject to the vehicle code as provided under ORS 814.400.” As a matter of purely textual analysis, the scope of the exemption described in subsection (6) — specifically, whether the reckless driving statute is among…”
State v. Abbey, 245 P.3d 152 (Or. Ct. App. 2010).
· cites it 7× “010, the statute that defines the offense of DUII, applies to bicyclists pursuant to ORS 814.400. Woodruff, 81 Or App at 487 .”
State v. Turner, 191 P.3d 697 (Or. Ct. App. 2008).
“535 (a driver who fails to obey a police officer commits a Class B traffic violation). The state does not argue otherwise.”
State v. Potter, 57 P.3d 944 (Or. Ct. App. 2002).
· cites it 13× “026(6) and ORS 814.400 — make ORS 811.130(1) applicable to bicyclists.”
State v. Boekelheide, 469 P.3d 863 (Or. Ct. App. 2020).
· cites it 6× “To the contrary, the state argues, ORS 814.400 declares that a bicycle is a “vehicle” within the meaning of the vehicle code and that bicyclists are subject to the same rules that govern the operation of any other vehicles on high- ways, unless “otherwise specifically provided.”
State v. Woodruff, 726 P.2d 396 (Or. Ct. App. 1986).
“750 was repealed by Or Laws 1983, ch 338, § 978, and replaced by Or Laws 1983, ch 338, § 697 as amended by Or Laws 1985, ch 16, § 335 (now ORS 814.400), effective January 1,1986. Or Laws 1983, ch 338, § 981.”
State v. Rondeau, 436 P.3d 49 (Or. Ct. App. 2019).
“In sum, we conclude that Stevens's request to search defendant was not reasonably related to the DUII investigation and unlawfully extended the stop in violation of defendant's Article I, section 9, rights.”
State v. Greene, 388 P.3d 1132 (Or. Ct. App. 2016).
“Notwithstanding this subsection, bicycles are generally subject to the vehicle code as provided under ORS 814.400.” ORS 811.435(1) provides, “A person commits the offense of operation of a motor vehicle on a bicycle trail if the person operates a motor vehicle upon a bicycle…”
State v. Jones, 245 P.3d 148 (Or. Ct. App. 2010).
“” ORS 814.400 makes all traffic statutes applicable to motor vehicles, including ORS 810.”
State v. Rowe, 150 P.3d 48 (Or. Ct. App. 2006).
· cites it 3× “130(1), or the reference to “a public way” in ORS 814.400, would even apply to a sidewalk.”
— Or. Rev. Stat. § 814.400(1) — 4 cases
State v. Turner, 191 P.3d 697 (Or. Ct. App. 2008).
“535 (a driver who fails to obey a police officer commits a Class B traffic violation). The state does not argue otherwise.”
State v. Boekelheide, 469 P.3d 863 (Or. Ct. App. 2020).
“To the contrary, the state argues, ORS 814.400 declares that a bicycle is a “vehicle” within the meaning of the vehicle code and that bicyclists are subject to the same rules that govern the operation of any other vehicles on high- ways, unless “otherwise specifically provided.”
State v. Potter, 57 P.3d 944 (Or. Ct. App. 2002).
“026(6) and ORS 814.400 — make ORS 811.130(1) applicable to bicyclists.”
State v. Rowe, 150 P.3d 48 (Or. Ct. App. 2006).
“130(1), or the reference to “a public way” in ORS 814.400, would even apply to a sidewalk.”
— Or. Rev. Stat. § 814.400(1)(a) — 1 case
State v. Potter, 57 P.3d 944 (Or. Ct. App. 2002).
“026(6) and ORS 814.400 — make ORS 811.130(1) applicable to bicyclists.”
— Or. Rev. Stat. § 814.400(2) — 1 case
State v. Boekelheide, 469 P.3d 863 (Or. Ct. App. 2020).
“To the contrary, the state argues, ORS 814.400 declares that a bicycle is a “vehicle” within the meaning of the vehicle code and that bicyclists are subject to the same rules that govern the operation of any other vehicles on high- ways, unless “otherwise specifically provided.”
— Or. Rev. Stat. § 814.400(l)(a) — 1 case
State v. Abbey, 245 P.3d 152 (Or. Ct. App. 2010).
“010, the statute that defines the offense of DUII, applies to bicyclists pursuant to ORS 814.400. Woodruff, 81 Or App at 487 .”
— Or. Rev. Stat. § 814.400(l)(b) — 1 case
State v. Potter, 57 P.3d 944 (Or. Ct. App. 2002).
“026(6) and ORS 814.400 — make ORS 811.130(1) applicable to bicyclists.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.