HB461: HB461 Motorcycle Mobility Safety Act; enact

26 LC 39 4951S The House Committee on Motor Vehicles offers the following substitute to HB 461: A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1 traffic, so as to revise and provide for definitions; to provid e for the safe operation of a2 motorcycle or bicycle through certain inoperative traffic-contr ol devices and signals; to3 require drivers of motor vehicles to stop at crosswalks with pedestrian activated rectangular4 rapid flash beacons; to make it unlawful to activate such devices when there is no intent to5 cross a roadway; to authorize the operation of motorcycles to o vertake or pass stationary6 motor vehicles in the same lane as such motorcycle in certain i nstances; to provide for a7 conforming change; to provide for a short title; to provide for related matters; to repeal8 conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act."12 H. B. 461 (SUB) - 1 - 26 LC 39 4951S SECTION 2.13 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is14 amended in Code Section 40-1-1, relating to definitions, by rev ising paragraph (50.01) as15 follows:16 "(50.01) 'Rectangular rapid flash beacon' means user activated devices which emit17 irregular flash patterns with amber light emitting diodes (LEDs) that supplement warning18 signals at unsignalized intersections or mid-block crosswalks. Such devices may be19 activated by pedestrians manually by a push button or passively by a pedestrian detection20 system. 'Recreational off-highway vehicle' means a motorized vehicle d esigned for21 off-road use which is equipped with four or more nonhighway tir es and which is 6522 inches or less in width."23 SECTION 3.24 Said title is further amended in Code Section 40-6-20, relating to obedience to traffic-control25 devices required, presumptions, and red light cameras, by revising subsections (a) and (e) as26 follows:27 "(a) The driver of any vehicle shall obey the instructions of a n official traffic-control28 device applicable thereto, placed in accordance with this chapter, unless otherwise directed29 by a police officer, subject to the exceptions granted the driver of an authorized emergency30 vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as31 otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code32 section."33 "(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or34 disobedience of the instructions of any official traffic-control device or signal placed in35 accordance with the provisions of this chapter by the driver of a vehicle shall be deemed36 prima-facie evidence of a violation of law, without requiring proof of who and by what37 authority such sign or device has been erected.38 H. B. 461 (SUB) - 2 - 26 LC 39 4951S (2) If a driver has stopped pursuant to the instructions of a traffic-control device or signal39 at an intersection which utilizes recorded image or surveillanc e technology and has a40 reasonable belief that the traffic-control device or signal is inoperative due to the41 lightweight design of his or her motorcycle or bicycle, the dri ver may disregard or42 disobey the instructions of the traffic-control device or signa l and proceed through the43 intersection, provided that:44 (A) There is no other motor vehicle within 500 feet approaching or entering the same45 intersection from a different highway, or from the same highway approaching or46 entering the intersection from the opposite direction; and47 (B) The driver cautiously proceeds through the intersection with reasonable care and48 consideration for all other applicable rules of the road.49 Nothing in this paragraph shall restrict a driver from making a right turn as provided for50 in paragraph (3) of subsection (a) of Code Section 40-6-21.51 (3) A driver who acts or purports to act pursuant to paragraph (2) of this subsection shall52 maintain the burden of proving that he or she acted in accordance with paragraph (2) of53 this subsection. Such driver's cause or proximate cause of an accident while acting or54 purporting to act pursuant to paragraph (2) of this subsection shall be prima-facie55 evidence that such driver did not exercise the requisite level of caution, care, or56 consideration required for compliance with the law.57 (4) As used in this subsection, the term 'reasonable belief' m eans the belief of a58 reasonable driver in consideration of the conditions of his or her stop and shall include59 the observation of at least two light cycle changes of a nearby traffic-control device or60 signal."61 SECTION 4.62 Said title is further amended by revising Code Section 40-6-91, relating to right of way in63 crosswalks, as follows:64 H. B. 461 (SUB) - 3 - 26 LC 39 4951S "40-6-91.65 (a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the66 roadway within a crosswalk when the pedestrian is upon the half of the roadway upon67 which the vehicle is traveling, or when the pedestrian is approaching and is within one lane68 of the half of the roadway on which the vehicle is traveling or onto which it is turning. For69 the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic70 in one direction of travel.71 (b) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the72 roadway within a crosswalk when an approved rectangular rapid f lash beacon or similar73 device has been activated.74 (c) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into75 the path of a vehicle which is so close that it is impractical for the driver to yield. No76 pedestrian shall manually activate or intentionally cause to be activated a rectangular rapid77 flash beacon or similar device at a crosswalk unless such perso n intends to cross that78 roadway.79 (c)(d) Subsection (a) of this Code section shall not apply under the conditions stated in80 subsection (b) of Code Section 40-6-92.81 (d)(e) Whenever any vehicle is stopped at a marked crosswalk or at a ny unmarked82 crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any83 other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."84 SECTION 5.85 Said title is further amended by revising Code Section 40-6-312 , relating to operating86 motorcycle on roadway laned for traffic, as follows:87 H. B. 461 (SUB) - 4 - 26 LC 39 4951S "40-6-312.88 (a) All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven89 in such a manner as to deprive any motorcycle of the full use o f a lane. This subsection90 shall not apply to motorcycles operated two abreast in a single lane.91 (b) The operator of a motorcycle shall not be authorized to overtake and pass in the same92 lane occupied by the vehicle being overtaken when:93 (1) The motorcycle is being driven to overtake and pass statio nary vehicles or gain94 access to an adjacent turning lane while such stationary vehicl es are waiting for the95 change of direction for a traffic-control signal; and96 (2) The motorcycle is traveling at a speed of 15 miles per hour or less.97 (c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines98 or rows of vehicles.99 (d) Motorcycles shall not be operated more than two abreast in a single lane.100 (e)(d) A person operating a motorcycle shall at all times keep his the headlights and101 taillights illuminated.102 (f)(e) Subsection Subsections (b) and (c) of this Code section shall not apply to police103 officers in the performance of their official duties."104 SECTION 6.105 Said title is further amended by revising Code Section 40-6-350 , relating to traffic laws106 applicable to persons operating mopeds, as follows:107 "40-6-350.108 Every person operating a moped shall be granted all the rights and shall be subject to all109 the duties applicable to the driver of any other vehicle under this chapter except as to110 special regulations in this part and except as to those provisions of this chapter which by111 their nature can have no application. However, the operator of a moped shall not be112 required to comply with subsection (e) (d) of Code Section 40-6-312, relating to headlights113 H. B. 461 (SUB) - 5 - 26 LC 39 4951S and taillights, or subsection (b) of Code Section 40-6-315, rel ating to windshields and114 eye-protective devices."115 SECTION 7.116 All laws and parts of laws in conflict with this Act are repealed.117 H. B. 461 (SUB) - 6 -