Correspondent Eric Chu submits this field report from Bend:

The crowd at the Bend REI last Tuesday, August 5, wasn't there for a sale. The 65 people that filled seats, sat on the floor or stood between the clothing racks were there to attend a BTA legal clinic with bicycle lawyer Ray Thomas. Thomas, a bike commuter and racer, has been presenting this free class around the state since 1994.

Participants were introduced to the latest edition of the book, Pedal Power: A Legal Guide for Oregon Cyclists, which highlights and discusses the specific vehicle laws in Oregon that effect cyclists. The sixth edition of the book includes the most recent changes to state law.

Thomas started off the evening by mentioning a new law that many cyclists and even law enforcement officers may not know about. HB 3314 was passed in 2007 by the Oregon Legislature and went into effect this year. The new law designates cyclists as "vulnerable roadway users" and applies enhanced penalties for careless driving if it contributes to the serious physical injury or death of vulnerable user.

Another new law for 2008 is the "safe passing" law which requires motorists, among other things, to provide a safe distance when passing "sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver's lane of traffic." Some states require a specific distance, such as three feet, which may be difficult for a driver to discern. The new law allows motorists to use the cyclist's body as a distance measure, a more practical gauge, so motorists can more easily determine a safe passing distance.

Many in the audience were surprised to learn that cyclists must use signals, just as motorists are required to, when stopping or turning (ORS 814.440). Thomas warned that even if a a cyclist is hit by a negligent motorist, the law can be a trap where blame can be directed toward the cyclist if they failed to signal, even if the motorist was clearly negligent. The lesson? Always make a habit of signaling.

Thomas' sense of humor (directed at motorists, cyclists, and also attorneys) drew more than a few laughs during the hour-long presentation. Almost an entire hour of questions from the crowd followed.

Thomas emphasized throughout the evening that the answers to many questions about cyclists' rights and responsibilities are spelled out clearly in the law. A cyclist can help protect their own rights by being familiar with the law.

Of course, some issues, aren't so clear. The law may also neglect to spell out an issue or it may defy logic altogether. A person commits the offense of "unsafe operation of a bicycle on a sidewalk" if they ride a a speed greater than an ordinary walk when approaching a or entering a crosswalk, driveway or curb cut and a motor vehicle is approaching (ORS 814.410), yet conceivably a person on foot could be moving much faster and not be in violation.

As avid Bend cyclist Sami Fournier summed it up, "Not everything that's legal is safe, and not everything that's safe is legal," said Fournier. "Signaling and taking precautions to make yourself visible in traffic are still the greatest safety assets for cyclists."

Special thanks to REI for hosting the event. The turnout was high enough for the class that a repeat session is already being planned for this fall. If you're interested in attending the fall legal clinic in Bend, contact Ryan Levering or customer service at Bend REI at (541) 385-0594.

Check out more bicycling articles by Ray on his firm's web site. If you'd like to attend a legal clinic in Portland, check out the BTA's legal resources page here. The latest edition of Pedal Power: A Legal Guide for Oregon Cyclists can be purchased from the BTA here or downloaded here.

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