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Distractions on the Road
August, 2008
Traffic “accidents” are extremely rare. Vehicle collisions, on the other hand, are all too common. What’s the difference?
Most dictionaries define accident with terms like “lack of intention,” “unexpected” or “anything that happens by chance.” Lightning strikes, for example, are very rare in western Oregon and could be considered true accidents. But vehicle collisions are, almost without exception, the result of someone’s negligence or inattention.
Drivers cited for following too closely, for example, often argue that they didn’t “intend” to tailgate the vehicle that they rear-ended. Often they were distracted for only a few seconds, maybe to answer a cellphone or change stations on the radio. When they glanced back at the road, traffic had stopped unexpectedly.
Depending on road and traffic conditions, a few seconds of inattention may prevent a driver from braking in time to avoid a crash. It’s entirely foreseeable that a distracted driver could have a collision. Under Oregon law, that’s negligence (and a violation of the Rules of the Road) rather than a random accident. Nearly all accidents are the result of negligence or a related failure to comply with traffic laws.
Studies have shown that distracted drivers cause anywhere from 25 to 50% of vehicle collisions. Common distractions include driver fatigue, rubbernecking to look at collisions, sightseeing, other passengers or children, tinkering with electronic entertainments (radios, CD players, iPods), eating and drinking, cellphones and text-messaging, smoking and, incredibly enough, reading (maps, books, newspapers).
Cellphone use alone quadruples the risk of collisions, and Oregon law now prohibits their use (as well as text-messaging) by drivers under 18 who have a provisional license or permit. Predictably, the use of alcohol or drugs impairs coordination and intensifies the effects of any distractions.
Our preference for the word “accident” is unfortunate. It minimizes personal responsibility for collisions that might have been avoided through the exercise of due care. Let’s start talking about “collisions” and how best to avoid them.
Nuisance Code Violations
July, 2008
Like most cities in Oregon, Tigard has a municipal code that requires property owners
to prevent neighborhood nuisances that may be unsightly or create health and safety
hazards. Nuisances can arise throughout the year, but vegetation problems are
greatest during the growing season.
What are some typical neighborhood nuisances under the Tigard Municipal Code (TMC)?
- Noxious vegetation such as grass or weeds more than 10 inches in height, whether in yards or on parking strips along the right-of-way.
- Blackberry bushes that extend over a property line or right-of-way.
- Vegetation that impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.
- Trees that pose a safety hazard or tree branches or bushes that interfere with street or sidewalk traffic. Trees should be trimmed to a height of at least 8 feet above the sidewalk and 10 feet above the street.
- Accumulations of debris, rubbish, garbage or other materials that are unsanitary, unsightly or unsafe or create offensive odors detectable beyond the property line.
According to the TMC, the following items must be stored in an enclosed storage facility,
building or garbage receptacle?
- Inoperable, partially dismantled automobiles, trucks, bus, trailer or other vehicle equipment or parts that are in a state of disrepair.
- Used or dismantled household appliances, furniture, other discards or junk.
Who may be responsible for violations of the nuisance code?
A responsible party is any person charged with curing or remedying a nuisance,
including the property’s owner, tenant, person having possession or any other
person in control of the property on behalf of the owner such as an agent or manager.
What are the penalties for violations?
If a person is found to be in violation, a judge can impose a maximum penalty of $250 for each day a violation exists. The code does not require a warning before a citation
to appear in court is issued. Click here
for more details.
Sharing the Streets with Bicyclists
June, 2008
Bicycles are subject to the same traffic laws as motorized vehicles. But in any encounter with a fast-moving car weighing a ton or more, cyclists are vulnerable to serious or fatal injuries.
Motorists need to be aware of the following:
- “Right-hook” and “left-hook” collisions: Drivers can easily underestimate the speed of bicycles. A common cause of collisions is the failure of drivers to check the position of a bicycle after passing it. A cyclist may catch up to a car as it makes a turn, cutting off the bicycle and causing a dangerous collision. The risk is increased when the driver fails to signal a turn at least 100 feet in advance.
- Basic courtesy: Drivers should give cyclists as much room as safety allows, refrain from blowing horns and never tailgate.
- Car doors: Cyclists are frequently injured in collisions with car doors. Drivers and passengers should always check the adjacent travel lane or bike lane before opening doors. Cyclists don’t always have the option of safely riding outside the “door zone.”
- Crosswalks: Cyclists are entitled to use crosswalks in the same manner as pedestrians. On busy arterials like Tigard’s Pacific Highway, they may provide the safest way to cross.
Cyclists, in turn, should respect:
- Traffic-control devices: Cyclists are required to obey traffic lights and stop signs.
- Defensive riding: Cyclists need to anticipate the risks described above. Not all drivers obey the law.
- Visibility: Bright, reflective clothing and lights are essential. The sooner a driver becomes aware of a cyclist’s presence, the easier it is to avoid dangerous encounters.
- Scanning: Like motorists, cyclists should constantly scan their surroundings for potential dangers like speeding or turning vehicles and opening car doors. Be aware of escape routes in case of an emergency.
Here’s a workable rule of thumb for everyone:
If in doubt, yield—even if you have the legal right-of-way.
Thanks to the Bicycle Transportation Alliance
Road Hazards
May, 2008
Oregon’s Rules of the Road encourage drivers to exercise due care by driving defensively and anticipating problems. But some road hazards are so dangerous that laws have been specially devised to address them, including:
- Emergency vehicles on highway shoulders: If you’re driving on a four-lane highway and see a police vehicle or ambulance on the shoulder with its lights activated, you must move out of the lane next to that vehicle. If you can’t change lanes safely, slow down and allow plenty of room as you pass. On a two-lane highway with traffic in both directions, you must slow down. Failure to follow this rule is a frequent cause of injuries and fatalities among police officers.
- Emergency vehicles on the highway: If there’s an emergency vehicle behind you with its lights or siren activated, you must pull over to the right and stop until the vehicle passes you. Be sure to move right on freeways as well, since the left shoulder may not be wide enough to keep your car from blocking the travel lane. A life could be lost if an emergency vehicle is delayed for even a minute in reaching its destination.
- Following emergency vehicles: Aggressive drivers sometimes follow ambulances through heavy traffic, trying to take advantage of their right-of way. Oregon law requires you to allow at least 500 feet between your vehicle and any emergency vehicle whose lights are activated. At 50 mph, that equals about six seconds.
- Highway work zones: As roadwork increases over the coming months, drivers need to be aware of the dangers to construction workers and themselves in work zones. Traffic flaggers have the legal right to direct vehicles and initiate citations against violators.
Each of the above violations is subject to a $250 base fine, though work-zone violations are subject to double fines. Fines also increase if a violation contributes to a collision.
Safe Driving in Heavy Traffic
April, 2008
Sluggish traffic quickly leads to haste and frustration, clouding a driver’s
judgment. Drivers who don’t allow enough time to reach their destinations
often make poor choices that result in collisions and citations. Typical
violations on congested highways include:
- Failure to obey traffic lights and stop signs ($250 base fine): You must stop on a yellow light if you can do so safely. If not, you may drive cautiously though the intersection. At stop signs, the law requires “the complete cessation from movement” (ORS 801.510), which only takes a few extra seconds compared to a rolling “California stop.”
- Obstructing cross traffic ($100 base fine): Oregon law prohibits entering an intersection “when there is not sufficient space on the other side” to avoid blocking other vehicles or pedestrians (ORS 811.290). Obstructing an intersection delays traffic even more and creates a risk of collisions.
- Dangerous left turns ($250 base fine): Many collisions occur when a driver turns left across two oncoming lanes in dense traffic. The driver in the lane closest to you may stop and wave you through, but take a few extra seconds before turning to make sure that there are no approaching vehicles in the far lane.
- Driving on the shoulder, bike lane or center lane ($250 base fine): With few exceptions, Oregon law prohibits using the center lane or side of a highway as a travel lane or to pass other vehicles.
Once free of traffic congestion, drivers often speed to make up for lost time.
But a car traveling the 7-mile length of Highway 217, from I-5 to Highway 26,
saves only 96 seconds by speeding at 70 mph compared to obeying the 55-mph limit.
If you have an appointment during the hours of heavy traffic, pretend that it
starts at least fifteen minutes earlier than the actual time. Then you’ll
have a reasonable chance of getting there safely, on time—and without a citation.
U-Turns...When in Doubt, Don’t!
March, 2008
Suppose you’re driving down an unfamiliar residential street in Tigard and
realize that you made a wrong turn at a traffic signal a few blocks back.
There’s a stop sign at an intersection a quarter mile ahead of you, but
there are no other vehicles on the road for at least 500 feet in either direction.
Can you legally make a U-turn?
Under Oregon law, the clear answer is “no.” The Rules of the Road prohibit U-turns
“between intersections” in a city (ORS 811.365). U-turns are also prohibited
in intersections controlled by an “electrical signal” (traffic light) unless
an official sign permits them.
Can you drive up to the stop sign and make a U-turn within that intersection?
Yes, apparently, as long as approaching drivers can see you from a distance
of at least 500 feet.
There are few places in urban areas where U-turns are permitted under Oregon law.
Violations are subject to a base fine of $150, or $250 if the illegal turn
“contributes to an accident.”
In areas “outside a city,” the law is less strict. You can make a U-turn
if approaching drivers can see you from a distance of at least 1,000 feet
“from either direction.”
In just about every state, a U-turn is defined as turning a vehicle
“so as to proceed in the opposite direction.” Compared to its neighbors,
though, Oregon has a very restrictive U-turn law as well as relatively low
speed limits on freeways.
Why aren’t traffic laws uniform from state to state? With a few exceptions,
like the former “federal maximum speed limit” of 55 mph, traffic laws have
traditionally been left to the states. In a highly mobile society, however,
it may not be realistic for drivers to familiarize themselves with Oregon’s
772-page Vehicle Code before they enter its borders. The safest rule may be:
if there’s even the slightest doubt that it’s legal, don’t make that U-turn.
Following Too Closely
February, 2008
It can happen to anyone: You’re driving down a busy freeway at 50 m.p.h. and
turn your attention away from the road for just a second, maybe to insert a
CD in the stereo. You look back up and see nothing but brake lights. The
adrenaline surges as you move your foot onto the brake pedal. The car in
front of you barely stops in time to avoid a collision. Can you?
Let’s do the math. At 50 m.p.h., you’re moving at 73 feet per second.
You’ll need 1.5 seconds to react and apply your foot to the brake.
During that time you’ll travel 110 feet. You’ll need an additional
119 feet to stop, for a total distance of 229 feet.
Is that enough? The answer largely depends on how closely you were
following the car ahead of you. That single second of distraction
could make the difference between a near miss and a collision. If
you were two seconds (or 146 feet) back, you may be able to stop—on
dry pavement. A separation of just one second might not be enough.
Oregon law prohibits following another vehicle “more closely than is
reasonable and prudent,” considering the “speed of the vehicles and
the traffic upon, and condition of, the highway” (ORS 811.485).
A violation is subject to a base fine of $250, even if there’s no
collision. The Oregon Driver Manual suggests that a distance of
at least two to four seconds is a workable rule of thumb.
The Tigard Police Department has acquired a new “distance-between
cars” (“DBC”) technology that offers objective evidence of
violations. It allows a laser speed-measurement device to detect
the precise time and distance between two vehicles as well as their
speed. To do your own low-tech “DBC” check, simply count the seconds
(“one thousand one…”) that separate you from the vehicle ahead of
you as you pass a fixed point on the highway.
Turning at Intersections
January, 2008
With its heavy traffic load, the intersection of Hall Boulevard and Pacific Highway is
the scene of frequent traffic violations and collisions. One of the most common
violations is “Improperly executed left turn” (ORS 811.340), which is subject to a
$250 base fine. Oregon law requires drivers to “leave the intersection or other
location in the extreme left-hand lane lawfully available to traffic moving in
the same direction as such vehicle on the roadway being entered.”
If you’re driving south on Hall and make a left turn onto Pacific, for example,
you must enter the far left (“fast”) lane and not the right (“curb”) lane.
You can then, after signaling for the required 100 feet, carefully merge
into the curb lane if you wish.
One purpose of the left-turn rule is to make the movement of vehicles
more predictable and efficient. If you’re driving north on Hall and
want to make a lawful right turn at Pacific on a red light, you can’t
do so safely if vehicles turning left from the opposite direction are
entering the curb lane instead of the left lane.
Note that I referred to “collisions” rather than “accidents” in the first
paragraph. True “accidents” are rare. “Collisions” are far more common,
and they’re almost always the result of someone’s negligent driving.
Thanks to: Tigard resident William Moss for this “Rules of the Road” suggestion.
Six “Non-Defenses” to Speeding Tickets
December, 2007
Each year the Tigard Municipal Court receives over 6,000 traffic citations, of which
about 26% are for speeding. If a driver pleads “not guilty,” the case is set for trial
before a judge. While every case has unique facts, drivers often raise “defenses”
to speeding that are generally not recognized under Oregon law, including:
- “I was going with the flow of traffic.” The fact that other vehicles may have been exceeding the limit doesn’t justify going faster than the posted speed. Also, drivers cannot legally exceed the speed limit simply because another vehicle is tailgating them.
- “I admit to speeding, but I wasn’t going 75.” You’re in violation of Oregon law whenever you exceed the limit, even if you don’t intend to speed because, for example, your speedometer was malfunctioning. The basic legal question is whether you were exceeding the limit. If you’re convicted, your speed is a factor in setting the fine.
- “I sped up to pass another car (or merge).” Oregon law doesn’t authorize exceeding the speed limit to pass or merge with other vehicles.
- “Road and weather conditions were perfect, so my speed was reasonable and prudent.” Under Oregon’s “basic rule” law, a speed above the posted limit is “prima facie evidence” of a violation. In bad weather, the appropriate speed may be less than the limit.
- “My car won’t go that fast.” This claim is generally not an effective rebuttal of the speed recorded by a laser, radar or pace.
- “I’m a careful driver and I never speed.” While a good driving record is commendable, it’s not considered (nor is a bad record) in determining whether a person is guilty of a violation at the specific time and place alleged in the citation. Your good driving record can result in a reduced fine if you’re found guilty.
Oregon’s speed laws are found in sections 811.100 through 811.124 of the Oregon Revised
Statutes. You can access these statutes through the Municipal Court’s web page,
or ask at the 2nd floor Reference Desk at the Library.
“Special Left-Turn Lanes”
November, 2007
It’s a familiar temptation for anyone who drives on congested streets in Tigard or any other large urban area.
Imagine, for example, that you’re driving south around 5 p.m. on Hall Boulevard toward Pacific Highway, planning to turn left at the intersection. There’s a long line of cars ahead of you and you’re still several hundred feet from the traffic signal.
This portion of Hall has two travel lanes and a familiar “special left-turn lane,” which Oregon law defines as “a median lane that is marked for left turns by drivers proceeding in opposite directions.” These center lanes have solid lines on the outside, dashed lines on the inside and, generally, left-turn arrows in the middle.
The Law Says...
Can you lawfully use the “special left-turn lane” to pass the line of cars and avoid further delays? The clear answer is: no.
Under Section 811.346 (1) of the Oregon Revised Statutes, you can be cited for “misuse of a special left-turn lane” if you use that lane “for anything other than making a left turn.” It can’t be used as a travel lane or to pass other vehicles. (You may also enter the special lane from an intersecting street or driveway, but you must stop there before you merge with traffic in the right lane.) A violation is subject to a base fine of $250.
Some cited drivers have argued that they reduced congestion by using the special left-turn lane as a travel lane. That may be true, but legislators made a policy decision to give safety more weight than expediting the flow of traffic. Other vehicles entering the roadway from the right may not be able to see cars traveling in the special lane—a frequent cause of collisions.
City planners, in partnership with representatives from other agencies and citizens, are working on the Tigard 99 Improvement and Management Plan to improve safety and mitigate the negative effects of rising trip demands. Meanwhile, drivers should remain patient and observe Oregon’s Rules of the Road.
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