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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3542
Sponsored by Representative OWENS, Senator GELSER BLOUIN; Representatives GAMBA, NELSON, Senators
THATCHER, WEBER
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act lets motorcycles drive between lanes of traffic. (Flesch Readability Score: 66.1).
Allows a motorcycle operator to travel between lanes of traffic under certain conditions.
Increases the penalty for committing the offense of motorcycle or moped unlawful passing in a
lane with a vehicle.Punishes a violation by a maximum $2,000 fine.
A BILL FOR AN ACT
Relating to motorcycles; creating new provisions; and amending ORS 811.295, 811.370, 811.375,
811.385, 811.415 and 814.240.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 814.240 is amended to read:
814.240. (1) A motorcycle operator or moped operator commits the offense of motorcycle or
moped unlawful passing in a lane with a vehicle if the operator does any of the following:
(a) Overtakes and passes in the same lane occupied by the vehicle the operator is overtaking,
unless the vehicle being passed is a motorcycle or a moped.
(b) Operates a moped or motorcycle between lanes of traffic [or between adjacent lines or rows
of vehicles].
(2) This section does not apply to a police officer in the performance of official duties.
(3) Notwithstanding subsection (1) of this section and except as provided in subsections
(4), (5) and (6) of this section, a motorcycle operator does not commit the offense of motor-
cycle or moped unlawful passing in a lane with a vehicle under the following conditions:
(a) Traffic is stopped or has slowed to a speed of 10 miles per hour or less; and
(b) The motorcycle operator:
(A) Operates a motorcycle with two wheels between lanes of traffic traveling in the same
direction;
(B) Travels at a speed of no more than 10 miles per hour greater than the speed of
traffic;
(C) Operates the motorcycle in a prudent manner that does not impede the normal and
reasonable movement of traffic;
(D) Overtakes a vehicle that is proceeding in the same direction;
(E) Merges with the regular traffic flow when traffic begins traveling at a speed of more
than 10 miles per hour; and
(F) Is operating the motorcycle on a highway for which the speed limit established in
ORS 811.111 or the designated speed posted under ORS 810.180 is 50 miles per hour or higher.
(4) The exception described in subsection (3) of this section does not apply when a mo-
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4310 HB3542
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torcycle operator is operating a motorcycle in a school zone if the school zone:
(a) Is a segment of highway described in ORS 801.462 (1)(a) and the school zone:
(A) Has a flashing light used as a traffic control device that is operated as provided under
ORS 810.243; or
(B) Does not have a flashing light used as a traffic control device and operated as pro-
vided under ORS 810.243 and the motorcycle operator operates the motorcycle in the school
zone between 7 a.m. and 5 p.m. on a day when school is in session.
(b) Is a crosswalk described in ORS 801.462 (1)(b) and:
(A) A flashing light is used as a traffic control device and operated as provided under
ORS 810.243; or
(B) Children are present, as described in ORS 811.124.
(5) The exception described in subsection (3) of this section does not apply when a mo-
torcycle operator is operating a motorcycle in a highway work zone as defined in ORS
811.230.
(6) Nothing in subsection (3) of this section authorizes a motorcycle operator to operate
a motorcycle:
(a) On the right of a motor vehicle that is traveling in the far right lane on a roadway
that has two or more lanes for traffic proceeding in a single direction; or
(b) On the left of a motor vehicle that is traveling in the far left lane on a roadway that
has two or more lanes for traffic proceeding in a single direction.
[(3)] (7) The offense described in this section, motorcycle or moped unlawful passing in a lane
with a vehicle, is a Class [B] A traffic violation.
SECTION 2. ORS 811.415 is amended to read:
811.415. (1) A person commits the offense of unsafe passing on the right if the person:
(a) Drives a vehicle to overtake and pass upon the right of another vehicle at any time not
permitted under this section.
(b) Drives a vehicle to overtake and pass upon the right of another vehicle at any time by
driving off the paved portion of the highway.
(2) For purposes of this section, a person may drive a vehicle to overtake and pass upon the
right of another vehicle under any of the following circumstances:
(a) Overtaking and passing upon the right is permitted if:
(A) The overtaken vehicle is making or the driver has signaled an intention to make a left turn;
(B) The paved portion of the highway is of sufficient width to allow two or more lanes of vehi-
cles to proceed lawfully in the same direction as the overtaking vehicle; and
(C) The roadway ahead of the overtaking vehicle is unobstructed for a sufficient distance to
permit passage by the overtaking vehicle to be made in safety.
(b) Overtaking and passing upon the right is permitted if the overtaken vehicle is proceeding
along a roadway in the left lane of two or more clearly marked lanes allocated exclusively to ve-
hicular traffic moving in the same direction as the overtaking driver.
(c) Overtaking and passing upon the right is permitted if the overtaking vehicle is a bicycle that
may safely make the passage under the existing conditions.
(d) When overtaking and passing upon the right under the rules governing this move-
ment in ORS 814.240.
(3) The offense described in this section, unsafe passing on the right, is a Class B traffic vio-
lation.
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SECTION 3. ORS 811.295 is amended to read:
811.295. (1) A person commits the offense of failure to drive on the right if the person is oper-
ating a vehicle on a roadway of sufficient width and the person does not drive on the right half of
the roadway.
(2) A person is not required to drive on the right side of the roadway by this section under any
of the following circumstances:
(a) When overtaking and passing another vehicle proceeding in the same direction under the
rules governing this movement in ORS 811.410 to 811.425, [or] 811.808 or 814.240.
(b) When preparing to turn left in an intersection, alley or private road or driveway.
(c) When an obstruction or condition exists making it necessary to drive to the left of the center
of the roadway, provided that a driver doing so shall yield the right of way to all vehicles traveling
in the proper direction upon the unobstructed portion of the roadway within a distance as to con-
stitute an immediate hazard.
(d) Upon a roadway divided into three marked lanes for traffic under the rules applicable on the
roadway under ORS 811.380.
(e) Upon a roadway restricted to one-way traffic.
(3) The offense described in this section, failure to drive on the right, is a Class B traffic vio-
lation.
SECTION 4. ORS 811.370 is amended to read:
811.370. (1) Except as provided in [subsection (2)] subsections (2) and (3) of this section, a
person commits the offense of failure to drive within a lane if the person is operating a vehicle upon
a roadway that is divided into two or more clearly marked lanes for traffic and the driver does not:
(a) Operate the vehicle as nearly as practicable entirely within a single lane; and
(b) Refrain from moving from that lane until the driver has first made certain that the movement
can be made with safety.
(2) A person who operates a commercial motor vehicle within a multilane roundabout that is
divided into two or more clearly marked lanes for traffic may operate the commercial motor vehicle
in more than one lane when it is not practicable to remain entirely within one lane.
(3) A person may operate a motorcycle within a lane under the rules governing the
movement of motorcycles in ORS 814.240.
[(3)] (4) The offense described in this section, failure to drive within a lane, is a Class B traffic
violation.
SECTION 5. ORS 811.375 is amended to read:
811.375. (1) A person commits the offense of unlawful or unsignaled change of lanes if the person
is operating a vehicle upon a highway and the person changes lanes by moving to the right or left
upon the highway when:
(a) The movement cannot be made with reasonable safety; or
(b) The driver fails to give an appropriate signal continuously during not less than the last 100
feet traveled by the vehicle before changing lanes.
(2) Appropriate signals for use while changing lanes are as designated under ORS 811.395 and
811.400.
(3) A person who operates a motorcycle under the rules governing the movement of
motorcycles in ORS 814.240 does not commit the offense of unlawful or unsignaled change
oflanes.
[(3)] (4) The offense described in this section, unlawful or unsignaled change of lane, is a Class
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D traffic violation.
SECTION 6. ORS 811.385 is amended to read:
811.385. (1) A person commits the offense of depriving a motorcycle or moped of a full lane if
the person operates a motor vehicle upon a roadway laned for traffic in a manner that prevents a
moped operator or motorcyclist from full use of a lane.
(2) This section does not apply to operators of motorcycles or mopeds whose use of lanes is
controlled by ORS 814.240 and 814.250.
(3) Notwithstanding subsection (1) of this section, a person does not commit the offense
of depriving a motorcycle or moped of a full lane if:
(a) The person is driving a motor vehicle that is not a motorcycle; and
(b) The motorcycle operator is operating the motorcycle between lanes of traffic as au-
thorized under ORS 814.240.
[(3)] (4) The offense described in this section, depriving a motorcycle or moped of a full lane, is
a Class B traffic violation.
SECTION 7. The amendments to ORS 811.295, 811.370, 811.375, 811.385, 811.415 and 814.240
by sections 1 to 6 of this 2025 Act apply to conduct occurring on or after the effective date
of this 2025 Act.
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