HB136 By Representatives Gaston and Wood RFD Public Safety and Homeland Security Rd 1 09-FEB-16

SYNOPSIS: This bill would allow the driver of a motorcycle or bicycle to disregard a traffic-control signal and proceed through an intersection controlled by a traffic-control signal under certain conditions.

A BILL TO BE ENTITLED AN ACT

To amend Section 32-5A-32 of the Code of Alabama 1975, relating to traffic-control signals; to authorize the driver of a motorcycle or bicycle to disregard a traffic-control signal and proceed through an intersection that is controlled by a traffic-control device under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-5A-32 of the Code of Alabama 1975, is amended to read as follows:

§32-5A-32.

"Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red, and yellow shall be used, except for special pedestrian signals carrying a word or symbol legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

"(1) Green indication:

"a. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

"b. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

"c. Unless otherwise directed by a pedestrian-control signal, as provided in pursuant to Section 32-5A-33, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

"(2) Steady yellow indication:

"a. Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.

"b. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in pursuant to Section 32-5A-33, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

"(3) Steady red indication:

"a. Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subdivision (3)b.

"b. Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping as required by subdivision (3)a. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

"c. Unless otherwise directed by a pedestrian-control signal as provided in pursuant to Section 32-5A-33, pedestrians facing a steady circular red signal alone shall not enter the roadway.

"(4) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such signal or marking the stop shall be made at the signal.

"(5)a. Notwithstanding any other provision of law or this section, if the driver of a motorcycle or bicycle has stopped pursuant to the instructions of a traffic-control signal and has a reasonable belief that the traffic-control signal is inoperative due to the lightweight design of his or her motorcycle or bicycle, the driver may disregard or disobey the instructions of the traffic-control signal and proceed through the intersection, provided both of the conditions apply:

"1. There is no other motor vehicle within 500 feet approaching or entering the same intersection from a different road or highway, or from the same road or highway approaching or entering the intersection from the opposite direction.

"2. The driver cautiously proceeds through the intersection with reasonable care and consideration for all other applicable rules of the road. Nothing in this subdivision shall afford the right of a driver to make a turn pursuant to subdivision (3).

"b. A driver who acts or purports to act pursuant to this subdivision shall maintain the burden of proving that he or she acted in accordance with this subdivision. The driver's cause or proximate cause of an accident while acting or purporting to act pursuant to this subdivision shall be prima-facie evidence that the driver did not exercise the requisite level of caution, care, or consideration required for compliance with the law.

"c. As used in this subdivision, the term "reasonable belief" means the belief of a reasonable person in consideration of the conditions of his or her stop, including, but not limited to, the number of seconds the person has been stopped or the number of signal changes he or she has observed of the traffic-control signal which did not include a change of instruction."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Motor Vehicles

Motorcycles

Bicycles

Red Lights

Highways, Roads, and Bridges

Code Amended