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Chap.

338 OREGON LAW~ _

C(>mmits the offense of operating with illegal motorcy­ (2) This section does not apply to persons operat­
de or moped handlebars if the person drives any ing mopeds on bicycle lanes in the manner pennitted
mopec' or motorcycle equipped with handlebars so under section 645 of this 1983 Act.
positioned that the hands of the driver, when upon the (3) The offense described in this section, failure of
grips, are at or above the driver's shoulder height a motor vehicle operator to yield to a bicycle on a
when sitting astride the seat. bicycle lane, is a Class B traffic infraction.
(2) The offense described in this section, illegal
motorcycle or moped handlebars, is a Class C traffic (Bicycle Operators)
infraction.
SECTION 699. Dangerous operation of bicy­
SECTION 695. Failure to display lighted cle on sidewalk, prohibition, penalty. (1) A person
headlights on a moped or motorcycle, prohibi­ commits the offense of dangerous operation of a bicy­
tion, penalty, exceptions.(1) A person commits the cle on a sidewalk if the person is operating a bicycle
upon a sidewalk and the person does any of the fol­
offense of failure to display lighted headlights on a
lowing:,
moped or motorcycle if the headlights and taillights of (a) Fails to give an audible warning before over­
a moped or motorcycle are not displayed by the moped taking and passing a pedestrian.
or motorcycle upon a highway at all times. (b) Fails to yield the right of way to all pedestri­
(2) This section does not apply when specific ex­
ans on the sidewalk.
ceptions with respect to parked vehicles are made (c) Operates the bicycle in a careless manner that
under section 661 of this 1983 Act. endangers or would be likely to endanger any person
(3) The offense described in this section, failure to or property.
display lighted headlights on a moped or motorcycle, (2) The offense described in this section, danger­
is a Class B traffic infraction. ous operation of a bicycle on a sidewalk, is a Class D
(Passengers) traffic infraction.

SECTION 696. Failure of passenger to wear SECTION 700. Failure to use available bicycle
protective headgear, prohibition, penalty. (1) A path or lane, prohibition, penalty. (1) A person
person commits the offense of failure of passenger to commits the offense of failure to use an available
wear protective headgear if the person: bicycle path or lane if:
(a) Is under 18 years of age; (a) The person is operating a bicycle;
(b) A bicycle lane adjacent to the roadway or a
(b) Rides a motorcycle; and
bicycle path adjacent to or near the roadway has been
(c) Is not wearing a protective headgear of a type provided;
approved under section 442 of this 1983 Act. (c) The road authority for the roadway, after a
(2) Exemptions from this section are established
public hearing, finds that the lane or path is suitable
under section 693 of this 1983 Act. for safe bicycle use at reasonable rates of speed; and
(3) The offense described in this section, failure of
(d) The person does not operate on that lane or
passenger to wear protective headgear, is a Class C path but uses the roadway.
traffic infraction.
(2) The offense described in this section, failure to
XV. BICYCLES use available bicycle path or lane, is a Class D traffic
infraction.
(General)
SECTION 701. Failure to ride bicycle on the
SECTION 697. Application of vehicle laws to side, prohibition, penalty. (1) A person commits the
bicyclists. Every person riding a bicycle upon a pub­ offense of failure to ride a bicycle on the side of a
lic way is subject to the provisions applicable to and' roadway if the person is operating a bicycle upon a
has the same rights and duties as the driver of a vehi­ roadway and the person fails to do any of the follow­
cle on a roadway under the vehicle code, except: ing:
(1) Those provisions which by their very nature (a) Except on a one-way roadway within a city,
can have no application. ride as near to the right side of the roadway as practi­
(2) When otherwise specifically provided under cable.
the vehicle code. (b) On a one-way roadway within a city, ride as
near to either the right or the left side of the roadway
(Other Vehicles) as practicable.
(2) The offense described in this section, failure to
SECTION 698. Failure of motor vehicle opera­ ride bicycle on the side of a roadway, is a Class D
tor to yield to bicycle on bicycle lane, prohibi­ traffic infraction.
tion, penalty. (1) A person commits the offense of
failure. of a motor ~ehicle operat~r to yield to a bicycle SECTION 702. Improper passing with a bicy­
on a bICycle lane If the person IS operating a motor cle, prohibition, penal~. (1). A pe~on co~its the
vehicle and the person does not yield the right of way offense of improper passmg WIth a bIcycle If the per­
to a person operating a bicycle or moped upon a bicy­ son is operating a bicycle upon a roadway and the
cle lane. person does not exercise due care when passing a

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