ORS 814.400¹
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

Under Former Similar Statute

DUII statute applies to bicyclists. State v. Woodruff, 81 Or App 484, 726 P2d 396 (1986), Sup Ct review denied

In General

Mere use of term “motor vehicle” in vehicle code statute does not specifically provide for bicycles to be exempt from statute. State v. Potter, 185 Or App 81, 57 P3d 944 (2002)

Permanent revoca­tion of driving privileges of per­son convicted of felony while driving under influence of intoxicants or of multiple driving under influence of intoxicants of­fenses applies to per­son convicted of felony or of­fenses while operating bicycle under influence of intoxicants. State v. Abbey, 239 Or App 306, 245 P3d 152 (2010), Sup Ct review denied

Chapter 814

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)

  • BikePortland.org / Jonathon Maus, Feb 9, 2010
    “Since Oregon enacted their new cell phone law on January 1st, many people have asked me if it applies to people riding bicycles. . . .”
1 Legislative Counsel Committee, CHAPTER 814—Pedestrians; Passengers; Livestock; Motorized Wheelchairs; Vehicles With Fewer Than Four Wheels, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors814.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 814, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano814.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information