2015 ORS 811.490¹
Improper opening or leaving open of vehicle door
  • penalty

(1) A person commits the offense of improper opening or leaving open a vehicle door if the person does any of the following:

(a) Opens any door of a vehicle unless and until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders.

(b) Leaves a door open on the side of a vehicle available to traffic, or to pedestrians or bicycles on sidewalks or shoulders for a period of time longer than necessary to load or unload passengers.

(2) The offense described in this section, improper opening or leaving open a vehicle door, is a Class D traffic violation. [1983 c.338 §655; 1985 c.16 §320]

Chapter 811

See also annota­tions under ORS chapter 483 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute

A party in viola­tion of a motor vehicle statute is neg­li­gent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent per­son under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Cita­tions

Under Former Similar Statute

10 WLJ 207 (1974)

  • Oregon Bike Law / Ray Thomas, Oct 28, 2009
    “It is al­ways a pleasure to find out that the law is in our favor when bicyclists have a conflict on the road with motorists. Usually, conflicts relate to the ques­tion of who has the right to the same space at the same time. ...”
  • BikePortland.org / Jonathon Maus, Jul 10, 2009
    “...In Oregon, there is a law (ORS 811.490) that specifically prohibits opening a car door unless it is “reasonably safe to do so.” Local bike lawyer Ray Thomas has written an article on this topic where he states that, 'Fortunately, this is one of those areas where the law is on the side of the bicycle rider.'”
  • BikePortland.org / Jonathan Maus, Jan 4, 2006
    “...[W]ithout requiring any change in law or policy, Oregon bicyclists already have the legal tools to initiate pros­e­cu­­tion of traffic law breakers. Oregon law allows a citizen to initiate traffic viola­tion pros­e­cu­­tions in state court, AND to have police help...”

1 Legislative Counsel Committee, CHAPTER 811—Rules of the Road for Drivers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 811, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.