Driving around skates, wheelchairs, & other wheels

skate.psd

allowed transportation forms

What other transportation types are allowed in bike lanes?
– motorized wheelchairs    ORS 814.500, 811.440(4)
– motor assisted scooters with small power sources    ORS 814.514, 814.518(2)(a), 811.440(5), 815.052(2)(f)
– electric bicycles    ORS 814.405
– human-powered mopeds    ORS 811.440(1)
– Segways    ORS 811.440(6), 814.550(2), 814.552(1)(b)
– tricycles    ORS 801.150
– recumbents    ORS 801.150
– skates of all types (in cities such as Corvallis and Portland)    CMC 6.10.010(11), 6.10.060.030(5)

What transportation types are allowed in crosswalks besides pedestrians?
– all non-motorized forms of transportation Legal Guide for Oregon Bicyclists p. 117, Legal Guide for Persons on Foot p.6
– Segways 814.550(3)
– electric assisted bicycles   ORS 814.405

Allowed transportation types have the same rights and similar duties as pedestrians within the crosswalk.

What transportation types are allowed on sidewalks besides pedestrians?
– all non-motorized forms of transportation   ORS 811.055, 814.410, Legal Guide for Oregon Bicyclists p. 117, Legal Guide for Persons on Foot p.6
– Segways   ORS 814.550(3) 814.554
– motor assisted scooters when entering or leaving adjacent property  ORS 814.524(1)

Electric assisted bicycles are prohibited.   ORS 814.410(1)(e)

Allowed transportation types have the same rights and similar duties as pedestrians on the sidewalk.  They must yield to pedestrians, and give an audible warning when passing pedestrians

Exceptions: Local ordinances can prohibit specific transportation types on specific sidewalks.  Corvallis has signs posted on sidewalks where skateboards and bicycles are prohibited.  Corvallis also prohibits livestock to be led, driven, or ridden on any sidewalk.   Corvallis Municipal Code 5.03.050.020.06(7)(b), 6.10.060.030(2)

What transportation types are allowed on shoulders? ORS 601.608
-pedestrians
-animal riders
-roller skates, inline skaters, roller bladers
-scooters
-bicycles

What are the laws for wheelchairs and motorized wheelchairs?  
Wheelchair users are considered pedestrians.  The law states “Pedestrian means any person afoot or confined in a wheelchair.”  ORS 801.385

Motor wheelchairs have the same rights and duties as bicycles when operating on a bicycle lane or path.  Therefore, where bike lanes exist, motor wheelchairs may leave the bike lane and operate in the regular roadway lane under the same conditions that bicycles can (see relevant bicycle rights).  However, if no bike lane exists, motorized wheelchairs have no roadway rights above those of pedestrians.  ORS 814.500, 814.440(4)

What are the laws for rollerbladers, skateboarders, scooters, etc? 
The law states “Pedestrian means any person afoot or confined in a wheelchair.”  It can be argued that rollerblades, skateboards, scooters, etcetera are “afoot”.  State law does not explicitly govern them, but specifies that devices powered exclusively by human power, other than bicycles, are not subject to vehicular laws.  Local city/county ordinances play a larger role.  ORS 801.385, 801.026(6), Legal Guide for Persons on Foot p.65

Helmets are required for childer under 16 years of age for skateboards, scooters, and inline skates.  ORS 814.600, CMC 6.10.010(4)

Corvallis defines skates as “roller skates, in-line roller skates, blades, skateboards, scooters, coasters, roller skis, or any similar device”.  In Corvallis, skates have similar rights and duties as bicycles.  Corvallis has signage prohibiting the use of skates on certain sidewalks downtown and around OSU campus, but inline/roller skates are still allowed there as long as their speed is no greater than an “ordinary walk”.  Corvallis Municipal Code 6.10.010(11), 6.10.060.030

What are the laws for non-categorized human-powered devices?
Devices powered exclusively by human power, other than bicycles, are not subject to vehicular laws.  State law does not explicitly govern them.  These devices are in a legal no-man’s land.  ORS 801.026(6), Legal Guide for Persons on Foot p.66

Are tricycles and recumbent bikes considered bicycles?
Tricycles yes.  Recumbent bikes may or may not, depending on wheel size and orientation.

The Oregon definition of bicycle is that it:   ORS 801.150
(1) Is designed to be operated on the ground on wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than three wheels in contact with the ground;
(4) Is propelled exclusively by human power; and
(5) Has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter.

What are the laws for electric or gas powered bicycles? 
Numerous specifications define an “electric bicycle”.  See the link for complete details.  Most importantly, the motor must not be capable of propelling the vehicle faster than 20 mph.  Electric bicycles are legally considered bicycles, however, they’re not allowed on sidewalks.  ORS 801.258, 814.405, 814.410(e)

If a bicycle has a small gas motor, it might fall under the definition of “motor assisted scooter” or “moped”.  See the links for those definitions.  Additionally, there’s a full spectrum of legally defined vehicles between bicycles and motorcycles.  They each have numerous rights and duties, the details of which are beyond the scope of this website.  ORS 801.348, 801.345.  Oregon pocket bike guide.

What are the laws for Segways? 
Segways have similar rights and responsibilities as bicycles.  However, they can’t travel faster than 15 mph in bicycle lanes.  On roads with speed limits greater than than 35 mph, they are only allowed if staying within a bike lane or when crossing the road.  ORS 801.259, 814.550, 814.552, 814.554Lawyer’s explanation