Alabama 2024 Regular Session

Alabama House Bill HB241 Compare Versions

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1-HB241ENROLLED
1+HB241INTRODUCED
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33 HB241
4-WR8C959-2
4+WR8C959-1
55 By Representative Lovvorn
66 RFD: Public Safety and Homeland Security
77 First Read: 27-Feb-24
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12-5 HB241 Enrolled
12+5 WR8C959-1 02/19/2024 CMH (L)bm 2024-296
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1414 First Read: 27-Feb-24
15-Enrolled, An Act,
15+SYNOPSIS:
16+Under existing law, drivers of motor vehicles
17+are required to exercise due care to avoid colliding
18+with a pedestrian and are required to yield the
19+right-of-way to any pedestrian on a sidewalk.
20+This bill would require drivers to also exercise
21+due care to avoid colliding with first responders and
22+would require the driver to yield the right-of-way to
23+first responders on a sidewalk.
24+This bill would specify that first responders
25+are not deemed pedestrians when performing official
26+duties in the course of employment or volunteer
27+service.
28+A BILL
29+TO BE ENTITLED
30+AN ACT
1631 Relating to first responders; to add Section 32-5A-2.1
1732 to the Code of Alabama 1975, to provide a definition of
1833 pedestrian; and to amend Sections 32-5A-213, 32-5A-218, and
1934 32-1-1.1, Code of Alabama 1975, to provide for the duty of a
2035 driver to exercise due care to avoid a first responder; and to
2136 require the driver of a vehicle to yield the right-of-way to a
22-first responder on a sidewalk.
23-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24-Section 1. Section 32-5A-2.1 is added to Chapter 5A to
25-read as follows:
26-§32-5A-2.1
27-(a) For purposes of this chapter, "pedestrian" means
28-any individual afoot, except as provided in subsection (b).
29-(b) For purposes of this chapter, "pedestrian" does not
30-include a first responder performing a public safety function
31-that the first responder is authorized to perform and that is
32-in the line and scope of his or her employment or volunteer
33-service, including, but not limited to, any of the following:
34-(1) Directing, controlling, or regulating the flow of
35-traffic.
36-(2) Responding to a fire, a collision site, an
37-emergency call, or a fire alarm.
38-(3) Rendering first aid or emergency medical care.
39-(4) Responding to an imminent threat of bodily injury
40-to self or others.
41-(5) Pursuing or apprehending an actual or suspected
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66+require the driver of a vehicle to yield the right-of-way to a
67+first responder on a sidewalk.
68+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
69+Section 1. Section 32-5A-2.1 is added to Chapter 5A to
70+read as follows:
71+§32-5A-2.1
72+(a) For purposes of this chapter, "pedestrian" means
73+any individual afoot, except as provided in subsection (b).
74+(b) For purposes of this chapter, "pedestrian" does not
75+include a first responder performing a public safety function
76+that the first responder is authorized to perform and that is
77+in the line and scope of his or her employment or volunteer
78+service, including, but not limited to, any of the following:
79+(1) Directing, controlling, or regulating the flow of
80+traffic.
81+(2) Responding to a fire, a collision site, an
82+emergency call, or a fire alarm.
83+(3) Rendering first aid or emergency medical care.
84+(4) Responding to an imminent threat of bodily injury
85+to self or others.
7186 (5) Pursuing or apprehending an actual or suspected
7287 violator of the law.
7388 (6) Moving a vehicle standing upon a street or highway.
7489 (7) Entering or remaining on a street or highway for
7590 any other law enforcement purpose.
7691 Section 2. Sections 32-5A-213, 32-5A-218, and 32-1-1.1,
7792 Code of Alabama 1975, are amended to read as follows:
7893 "§32-5A-213
7994 Notwithstanding other provisions of this chapter or the
80-provisions of any local ordinance any provision of law to the
81-contrary, every driver of a vehicle shall exercise due care to
82-avoid colliding with any pedestrian or first responder and
83-shall give warning by sounding the horn when necessary and
84-shall exercise proper precaution upon observing any child or
85-any obviously confused, incapacitated, or intoxicated person."
86- "§32-5A-218
87-The driver of a vehicle shall yield the right-of-way to
88-any pedestrian or first responder on a sidewalk."
89-"§32-1-1.1
90-The following words and phrases when used in this title
91-shall have the following meanings respectively ascribed to
92-them in this section , except when the context otherwise
93-requires:
94-(1) ALLEY. A street or highway intended to provide
95-access to the rear or side of lots or buildings in urban
96-districts and not intended for the purpose of through
97-vehicular traffic.
98-(2) ARTERIAL STREET. Any federal or state numbered
99-route, controlled-access highway, or other major radial or
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124+Notwithstanding other provisions of this chapter or the
125+provisions of any local ordinance any provision of law to the
126+contrary, every driver of a vehicle shall exercise due care to
127+avoid colliding with any pedestrian or first responder and
128+shall give warning by sounding the horn when necessary and
129+shall exercise proper precaution upon observing any child or
130+any obviously confused, incapacitated, or intoxicated person."
131+ "§32-5A-218
132+The driver of a vehicle shall yield the right-of-way to
133+any pedestrian or first responder on a sidewalk."
134+"§32-1-1.1
135+The following words and phrases when used in this title
136+shall have the following meanings respectively ascribed to
137+them in this section , except when the context otherwise
138+requires:
139+(1) ALLEY. A street or highway intended to provide
140+access to the rear or side of lots or buildings in urban
141+districts and not intended for the purpose of through
142+vehicular traffic.
143+(2) ARTERIAL STREET. Any federal or state numbered
129144 route, controlled-access highway, or other major radial or
130145 circumferential street or highway designated by local
131146 authorities within their respective jurisdictions as part of a
132147 major arterial system of streets or highways.
133148 (3) AUTHORIZED EMERGENCY VEHICLE. Such fire department
134149 vehicles, police vehicles, and ambulances as are publicly
135150 owned, and such other publicly or privately owned vehicles as
136151 are designated by the Secretary of the Alabama State Law
137152 Enforcement Agency or the chief of police of an incorporated
138-city.
139-(4) BICYCLE. Every device propelled by human power upon
140-which any individual may ride, having two tandem wheels either
141-of which is more than 14 inches in diameter.
142-(5) BUS. Every motor vehicle designed for carrying more
143-than 10 passengers and used for the transportation of
144-individuals and every motor vehicle other than a taxicab,
145-designed and used for the transportation of individuals for
146-compensation.
147-(6) BUSINESS DISTRICT. The territory contiguous to and
148-including a highway when within any 600 feet along the highway
149-there are buildings in use for business or industrial
150-purposes, including, but not limited to, hotels, banks, office
151-buildings, railroad stations, and public buildings which
152-occupy at least 300 feet of frontage on one side or 300 feet
153-collectively on both sides of the highway.
154-(7) CANCELLATION OF DRIVER'SDRIVER LICENSE. The
155-annulment or termination by formal action of the Secretary of
156-the Alabama State Law Enforcement Agency of an individual's
157-driver'sdriver license because of some error or defect in the
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182+Enforcement Agency or the chief of police of an incorporated
183+city.
184+(4) BICYCLE. Every device propelled by human power upon
185+which any individual may ride, having two tandem wheels either
186+of which is more than 14 inches in diameter.
187+(5) BUS. Every motor vehicle designed for carrying more
188+than 10 passengers and used for the transportation of
189+individuals and every motor vehicle other than a taxicab,
190+designed and used for the transportation of individuals for
191+compensation.
192+(6) BUSINESS DISTRICT. The territory contiguous to and
193+including a highway when within any 600 feet along the highway
194+there are buildings in use for business or industrial
195+purposes, including, but not limited to, hotels, banks, office
196+buildings, railroad stations, and public buildings which
197+occupy at least 300 feet of frontage on one side or 300 feet
198+collectively on both sides of the highway.
199+(7) CANCELLATION OF DRIVER'SDRIVER LICENSE. The
200+annulment or termination by formal action of the Secretary of
201+the Alabama State Law Enforcement Agency of an individual's
187202 driver'sdriver license because of some error or defect in the
188203 license or because the licensee is no longer entitled to the
189204 license, but the cancellation of a license is without
190205 prejudice and application for a new license may be made at any
191206 time after such cancellation.
192207 (8) CONTROLLED-ACCESS HIGHWAY. Every highway, street,
193208 or roadway in respect to which owners or occupants of abutting
194209 lands and other persons have no legal right of access to or
195210 from the same except at such points only and in such manner as
196-may be determined by the public authority having jurisdiction
197-over the highway, street, or roadway.
198-(9) CROSSWALK. Either of the following:
199-a. That part of a roadway at an intersection included
200-within the connections of the lateral lines of the sidewalks
201-on opposite sides of the highway measured from the curbs or,
202-in the absence of curbs, from the edges of the traversable
203-roadway.
204-b. Any portion of a roadway at an intersection or
205-elsewhere distinctly indicated for pedestrian crossing by
206-lines or other markings on the surface.
207-(10) DEALER. Every person engaged in the business of
208-buying, selling, or exchanging vehicles who has an established
209-place of business for that purpose in this state and to whom
210-current dealer registration plates have been issued by the
211-Department of Revenue.
212-(11) DEPARTMENT. The Alabama State Law Enforcement
213-Agency acting directly or through its duly authorized officers
214-and agents.
215-(12) DIRECTOR. The Secretary of the Alabama State Law
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240+from the same except at such points only and in such manner as
241+may be determined by the public authority having jurisdiction
242+over the highway, street, or roadway.
243+(9) CROSSWALK. Either of the following:
244+a. That part of a roadway at an intersection included
245+within the connections of the lateral lines of the sidewalks
246+on opposite sides of the highway measured from the curbs or,
247+in the absence of curbs, from the edges of the traversable
248+roadway.
249+b. Any portion of a roadway at an intersection or
250+elsewhere distinctly indicated for pedestrian crossing by
251+lines or other markings on the surface.
252+(10) DEALER. Every person engaged in the business of
253+buying, selling, or exchanging vehicles who has an established
254+place of business for that purpose in this state and to whom
255+current dealer registration plates have been issued by the
256+Department of Revenue.
257+(11) DEPARTMENT. The Alabama State Law Enforcement
258+Agency acting directly or through its duly authorized officers
259+and agents.
245260 (12) DIRECTOR. The Secretary of the Alabama State Law
246261 Enforcement Agency.
247262 (13) DRIVEAWAY-TOWAWAY OPERATION. Any operation in
248263 which any motor vehicle, trailer, or semitrailer, singly or in
249264 combination, new or used, constitutes the commodity being
250265 transported, when one set or more of wheels of any such
251266 vehicle are on the roadway during the course of
252267 transportation, whether or not any such vehicle furnishes the
253268 motive power.
254-(14) DRIVER. Every individual who drives or is in
255-actual physical control of a vehicle.
256-(15) DRIVER'SDRIVER LICENSE. Any license to operate a
257-motor vehicle issued under the laws of this state.
258-(16) ELECTRIC BICYCLE. A bicycle equipped with fully
259-operable pedals, a saddle or seat for the rider, and an
260-electric motor of less than 750 watts that meets the
261-requirements of one of the following three classes:
262-a. Class 1 electric bicycle means an electric bicycle
263-equipped with a motor that provides assistance only when the
264-rider is pedaling and that ceases to provide assistance when
265-the bicycle reaches the speed of 20 miles per hour.
266-b. Class 2 electric bicycle means an electric bicycle
267-equipped with a motor that may be used exclusively to propel
268-the bicycle and that is not capable of providing assistance
269-when the bicycle reaches the speed of 20 miles per hour.
270-c. Class 3 electric bicycle means an electric bicycle
271-equipped with a motor that provides assistance only when the
272-rider is pedaling and that ceases to provide assistance when
273-the bicycle reaches the speed of 28 miles per hour.
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298+motive power.
299+(14) DRIVER. Every individual who drives or is in
300+actual physical control of a vehicle.
301+(15) DRIVER'SDRIVER LICENSE. Any license to operate a
302+motor vehicle issued under the laws of this state.
303+(16) ELECTRIC BICYCLE. A bicycle equipped with fully
304+operable pedals, a saddle or seat for the rider, and an
305+electric motor of less than 750 watts that meets the
306+requirements of one of the following three classes:
307+a. Class 1 electric bicycle means an electric bicycle
308+equipped with a motor that provides assistance only when the
309+rider is pedaling and that ceases to provide assistance when
310+the bicycle reaches the speed of 20 miles per hour.
311+b. Class 2 electric bicycle means an electric bicycle
312+equipped with a motor that may be used exclusively to propel
313+the bicycle and that is not capable of providing assistance
314+when the bicycle reaches the speed of 20 miles per hour.
315+c. Class 3 electric bicycle means an electric bicycle
316+equipped with a motor that provides assistance only when the
317+rider is pedaling and that ceases to provide assistance when
303318 the bicycle reaches the speed of 28 miles per hour.
304319 (17) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A
305320 self-balancing, two non-tandem wheeled device designed to
306321 transport only one individual with an electric propulsion
307322 system with an average power of 750 watts (1 h.p.), that has a
308323 maximum speed on a paved level surface, when powered solely by
309324 the propulsion system while ridden by an operator who weighs
310325 not more than 170 pounds, of less than 20 m.p.h. The term
311326 shall not include a motorized bicycle, motorized scooter, or
312-motorized skateboard.
313-(18) ESSENTIAL PARTS. All integral and body parts of a
314-vehicle of a type required to be registered under this title,
315-the removal, alteration, or substitution of which would tend
316-to conceal the identity of the vehicle or substantially alter
317-its appearance, model, type, or mode of operation.
318-(19) ESTABLISHED PLACE OF BUSINESS. The place actually
319-occupied either continuously or at regular periods by a dealer
320-or manufacturer where his or her books and records are kept
321-and a large share of his or her business is transacted.
322-(20) EXPLOSIVES. Any chemical compound or mechanical
323-mixture that is commonly used or intended for the purpose of
324-producing an explosion and which contains any oxidizing and
325-combustive units or other ingredients in such proportions,
326-quantities, or packing that an ignition by fire, by friction,
327-by concussion, by percussion, or by detonator of any part of
328-the compound or mixture may cause such a sudden generation of
329-highly heated gases that the resultant gaseous pressures are
330-capable of producing destructive effects on contiguous objects
331-or of destroying life or limb.
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356+shall not include a motorized bicycle, motorized scooter, or
357+motorized skateboard.
358+(18) ESSENTIAL PARTS. All integral and body parts of a
359+vehicle of a type required to be registered under this title,
360+the removal, alteration, or substitution of which would tend
361+to conceal the identity of the vehicle or substantially alter
362+its appearance, model, type, or mode of operation.
363+(19) ESTABLISHED PLACE OF BUSINESS. The place actually
364+occupied either continuously or at regular periods by a dealer
365+or manufacturer where his or her books and records are kept
366+and a large share of his or her business is transacted.
367+(20) EXPLOSIVES. Any chemical compound or mechanical
368+mixture that is commonly used or intended for the purpose of
369+producing an explosion and which contains any oxidizing and
370+combustive units or other ingredients in such proportions,
371+quantities, or packing that an ignition by fire, by friction,
372+by concussion, by percussion, or by detonator of any part of
373+the compound or mixture may cause such a sudden generation of
374+highly heated gases that the resultant gaseous pressures are
375+capable of producing destructive effects on contiguous objects
361376 or of destroying life or limb.
362377 (21) FARM TRACTOR. Every motor vehicle designed and
363378 used primarily as a farm implement, for drawing plows, mowing
364379 machines, and other implements of husbandry.
365380 (22) FIRST RESPONDER. Any law enforcement officer,
366381 firefighter, paramedic, or emergency medical technician.
367382 (22)(23) FLAMMABLE LIQUID. Any liquid which has a flash
368383 point of 70 F. or less, as determined by a fagliabue or
369384 equivalent closed-cup test device.
370-(23)(24) FOREIGN VEHICLE. Every vehicle of a type
371-required to be registered hereunder brought into this state
372-from another state, territory, or country other than in the
373-ordinary course of business by or through a manufacturer or
374-dealer and not registered in this state.
375-(24)(25) GROSS WEIGHT. The weight of a vehicle without
376-load plus the weight of any load thereon.
377-(25)(26) HIGHWAY. The entire width between the boundary
378-lines of every way publicly maintained when any part thereof
379-is open to the use of the public for purposes of vehicular
380-travel.
381-(26)(27) HOUSE TRAILER. Either of the following:
382-a. A trailer or semitrailer that is designed,
383-constructed, and equipped as a dwelling place, living abode,
384-or sleeping place, either permanently or temporarily, and is
385-equipped for use as a conveyance on streets and highways.
386-b. A trailer or semitrailer that has a chassis and
387-exterior shell that is designed and constructed for use as a
388-house trailer, as defined in paragraph a., but which is used
389-instead permanently or temporarily for the advertising, sales,
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414+equivalent closed-cup test device.
415+(23)(24) FOREIGN VEHICLE. Every vehicle of a type
416+required to be registered hereunder brought into this state
417+from another state, territory, or country other than in the
418+ordinary course of business by or through a manufacturer or
419+dealer and not registered in this state.
420+(24)(25) GROSS WEIGHT. The weight of a vehicle without
421+load plus the weight of any load thereon.
422+(25)(26) HIGHWAY. The entire width between the boundary
423+lines of every way publicly maintained when any part thereof
424+is open to the use of the public for purposes of vehicular
425+travel.
426+(26)(27) HOUSE TRAILER. Either of the following:
427+a. A trailer or semitrailer that is designed,
428+constructed, and equipped as a dwelling place, living abode,
429+or sleeping place, either permanently or temporarily, and is
430+equipped for use as a conveyance on streets and highways.
431+b. A trailer or semitrailer that has a chassis and
432+exterior shell that is designed and constructed for use as a
433+house trailer, as defined in paragraph a., but which is used
419434 instead permanently or temporarily for the advertising, sales,
420435 display, or promotion of merchandise or services, or for any
421436 other commercial purpose except the transportation of property
422437 for hire or the transportation of property for distribution by
423438 a private carrier.
424439 (27)(28) IMPLEMENT OF HUSBANDRY. Every vehicle designed
425440 and adapted exclusively for agricultural, horticultural, or
426441 livestock raising operations or for lifting or carrying an
427442 implement of husbandry and in either case not subject to
428-registration if used upon the highways.
429-(28)(29) INTERSECTION. Any of the following:
430-a. The area embraced within the prolongation or
431-connection of the lateral curb lines, or, if none, then the
432-lateral boundary lines of the roadways of two highways that
433-join one another at, or approximately at, right angles, or the
434-area within which vehicles traveling upon different highways
435-joining at any other angle may come in conflict.
436-b. Where a highway includes two roadways 30 feet or
437-more apart, then every crossing of each roadway of such
438-divided highway by an intersecting highway shall be regarded
439-as a separate intersection. In the event the intersecting
440-highway also includes two roadways 30 feet or more apart, then
441-every crossing of two roadways of such highways shall be
442-regarded as a separate intersection.
443-c. The junction of an alley with a street or highway
444-shall not constitute an intersection.
445-(29)(30) LANED ROADWAY. A roadway that is divided into
446-two or more clearly marked lanes for vehicular traffic.
447-(30)(31) LICENSE or LICENSE TO OPERATE A MOTOR VEHICLE.
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472+implement of husbandry and in either case not subject to
473+registration if used upon the highways.
474+(28)(29) INTERSECTION. Any of the following:
475+a. The area embraced within the prolongation or
476+connection of the lateral curb lines, or, if none, then the
477+lateral boundary lines of the roadways of two highways that
478+join one another at, or approximately at, right angles, or the
479+area within which vehicles traveling upon different highways
480+joining at any other angle may come in conflict.
481+b. Where a highway includes two roadways 30 feet or
482+more apart, then every crossing of each roadway of such
483+divided highway by an intersecting highway shall be regarded
484+as a separate intersection. In the event the intersecting
485+highway also includes two roadways 30 feet or more apart, then
486+every crossing of two roadways of such highways shall be
487+regarded as a separate intersection.
488+c. The junction of an alley with a street or highway
489+shall not constitute an intersection.
490+(29)(30) LANED ROADWAY. A roadway that is divided into
491+two or more clearly marked lanes for vehicular traffic.
477492 (30)(31) LICENSE or LICENSE TO OPERATE A MOTOR VEHICLE.
478493 Any driver'sdriver license or any other license or permit to
479494 operate a motor vehicle issued by the director under the laws
480495 of this state, including any nonresident's operating privilege
481496 as defined herein.
482497 (31)(32) LOCAL AUTHORITIES. Either of the following:
483498 a. Every county commission.
484499 b. Every municipal and other local board or body having
485500 authority to enact laws relating to traffic under the
486-constitution and laws of this state.
487-(32)(33) MAIL. To deposit in the United States mail
488-properly addressed and with postage prepaid.
489-(33)(34) METAL TIRE. Every tire the surface of which in
490-contact with the highway is wholly or partly of metal or other
491-hard, nonresilient material.
492-(34)(35) MOTOR VEHICLE. Every vehicle that is
493-self-propelled and every vehicle that is propelled by electric
494-power obtained from overhead trolley wires, but not operated
495-upon rails, except for electric personal assistive mobility
496-devices and electric bicycles.
497-(35)(36) MOTORCYCLE. Every motor vehicle having a seat
498-or saddle for the use of the rider and designed to travel on
499-not more than three wheels in contact with the ground, but
500-excluding a tractor and an electric bicycle.
501-(36)(37) MOTOR-DRIVEN CYCLE. Every motorcycle,
502-including every motor scooter, with a motor that produces not
503-more than five brake horsepower nor exceeds 150 cubic
504-centimeter engine displacement, and weighs less than 200
505-pounds fully equipped, and every bicycle with a motor
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530+authority to enact laws relating to traffic under the
531+constitution and laws of this state.
532+(32)(33) MAIL. To deposit in the United States mail
533+properly addressed and with postage prepaid.
534+(33)(34) METAL TIRE. Every tire the surface of which in
535+contact with the highway is wholly or partly of metal or other
536+hard, nonresilient material.
537+(34)(35) MOTOR VEHICLE. Every vehicle that is
538+self-propelled and every vehicle that is propelled by electric
539+power obtained from overhead trolley wires, but not operated
540+upon rails, except for electric personal assistive mobility
541+devices and electric bicycles.
542+(35)(36) MOTORCYCLE. Every motor vehicle having a seat
543+or saddle for the use of the rider and designed to travel on
544+not more than three wheels in contact with the ground, but
545+excluding a tractor and an electric bicycle.
546+(36)(37) MOTOR-DRIVEN CYCLE. Every motorcycle,
547+including every motor scooter, with a motor that produces not
548+more than five brake horsepower nor exceeds 150 cubic
549+centimeter engine displacement, and weighs less than 200
535550 pounds fully equipped, and every bicycle with a motor
536551 attached. The term does not include electric bicycles.
537552 (37)(38) NONRESIDENT. Every individual who is not a
538553 resident of this state.
539554 (38)(39) NONRESIDENT'S OPERATING PRIVILEGE. The
540555 privilege conferred upon a nonresident by the laws of this
541556 state pertaining to the operation by the nonresident of a
542557 motor vehicle, or the use of a vehicle owned by the
543558 nonresident, in this state.
544-(39)(40) OFFICIAL TRAFFIC-CONTROL DEVICES. All signs,
545-signals, markings, and devices not inconsistent with this
546-title placed or erected by authority of a public body or
547-official having jurisdiction, for the purpose of regulating,
548-warning, or guiding traffic.
549-(40)(41) OWNER. A person, other than a lienholder,
550-having the property in or title to a vehicle. The term
551-includes a person entitled to the use and possession of a
552-vehicle subject to a security interest in another person, but
553-excludes a lessee under a lease not intended as security.
554-(41)(42) PARK or PARKING. The standing of a vehicle,
555-whether occupied or not. The term does not include a vehicle
556-that is stopped temporarily for the purpose of and actually
557-engaged in loading or unloading merchandise or passengers.
558-(42)(43) PASSENGER CAR. Every motor vehicle, except
559-motorcycles and motor-driven cycles, designed for carrying 10
560-passengers or less and used for the transportation of
561-individuals.
562-(43)(44) PEDESTRIAN. Any individual afoot.
563-(44)(45) PERSON. Every individual, firm, copartnership,
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588+nonresident, in this state.
589+(39)(40) OFFICIAL TRAFFIC-CONTROL DEVICES. All signs,
590+signals, markings, and devices not inconsistent with this
591+title placed or erected by authority of a public body or
592+official having jurisdiction, for the purpose of regulating,
593+warning, or guiding traffic.
594+(40)(41) OWNER. A person, other than a lienholder,
595+having the property in or title to a vehicle. The term
596+includes a person entitled to the use and possession of a
597+vehicle subject to a security interest in another person, but
598+excludes a lessee under a lease not intended as security.
599+(41)(42) PARK or PARKING. The standing of a vehicle,
600+whether occupied or not. The term does not include a vehicle
601+that is stopped temporarily for the purpose of and actually
602+engaged in loading or unloading merchandise or passengers.
603+(42)(43) PASSENGER CAR. Every motor vehicle, except
604+motorcycles and motor-driven cycles, designed for carrying 10
605+passengers or less and used for the transportation of
606+individuals.
607+(43)(44) PEDESTRIAN. Any individual afoot.
593608 (44)(45) PERSON. Every individual, firm, copartnership,
594609 association, or corporation.
595610 (45)(46) PNEUMATIC TIRE. Every tire in which compressed
596611 air is designed to support the load.
597612 (46)(47) POLE TRAILER. Every vehicle without motive
598613 power designed to be drawn by another vehicle and attached to
599614 the towing vehicle by means of a reach or pole, or by being
600615 boomed or otherwise secured to the towing vehicle, and
601616 ordinarily used for transporting long or irregularly shaped
602-loads such as poles, pipes, or structural members capable,
603-generally, of sustaining themselves as beams between the
604-supporting connections.
605-(47)(48) POLICE OFFICER. Every officer authorized to
606-direct or regulate traffic or to make arrests for violations
607-of traffic regulations.
608-(48)(49) PRIVATE ROAD or DRIVEWAY. Every way or place
609-in private ownership and used for vehicular travel by the
610-owner and those having express or implied permission from the
611-owner, but not by other persons.
612-(49)(50) RAILROAD. A carrier of individuals or property
613-upon cars other than street cars, operated upon stationary
614-rails.
615-(50)(51) RAILROAD SIGN or SIGNAL. Any sign, signal, or
616-device erected by authority of a public body or official or by
617-a railroad and intended to give notice of the presence of
618-railroad tracks or the approach of a railroad train.
619-(51)(52) RAILROAD TRAIN. A steam engine, electric or
620-other motor, with or without cars coupled thereto, operated
621-upon rails.
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644+308 HB241 INTRODUCED
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646+ordinarily used for transporting long or irregularly shaped
647+loads such as poles, pipes, or structural members capable,
648+generally, of sustaining themselves as beams between the
649+supporting connections.
650+(47)(48) POLICE OFFICER. Every officer authorized to
651+direct or regulate traffic or to make arrests for violations
652+of traffic regulations.
653+(48)(49) PRIVATE ROAD or DRIVEWAY. Every way or place
654+in private ownership and used for vehicular travel by the
655+owner and those having express or implied permission from the
656+owner, but not by other persons.
657+(49)(50) RAILROAD. A carrier of individuals or property
658+upon cars other than street cars, operated upon stationary
659+rails.
660+(50)(51) RAILROAD SIGN or SIGNAL. Any sign, signal, or
661+device erected by authority of a public body or official or by
662+a railroad and intended to give notice of the presence of
663+railroad tracks or the approach of a railroad train.
664+(51)(52) RAILROAD TRAIN. A steam engine, electric or
665+other motor, with or without cars coupled thereto, operated
651666 upon rails.
652667 (52)(53) RECONSTRUCTED VEHICLE. Every vehicle of a type
653668 required to be registered under this title materially altered
654669 from its original construction by the removal, addition, or
655670 substitution of essential parts, new or used.
656671 (53)(54) REGISTRATION. The registration certificate or
657672 certificates and registration plates issued under the laws of
658673 this state pertaining to the registration of vehicles.
659674 (54)(55) RESIDENCE DISTRICT. The territory contiguous
660-to and including a highway not comprising a business district
661-when the property on the highway for a distance of 300 feet or
662-more is, in the main, improved with residences or residences
663-and buildings in use for business.
664-(55)(56) REVOCATION OF DRIVER'SDRIVER LICENSE. The
665-termination by formal action of the director of an
666-individual's license or privilege to operate a motor vehicle
667-on the public highways, which termination shall not be subject
668-to renewal or restoration except that an application for a new
669-license may be presented and acted upon by the director after
670-the expiration of the applicable period of time prescribed in
671-this title.
672-(56)(57) RIGHT-OF-WAY. The right of one vehicle or
673-pedestrian to proceed in a lawful manner in preference to
674-another vehicle or pedestrian approaching under such
675-circumstances of direction, speed, and proximity as to give
676-rise to danger of collision unless one grants precedence to
677-the other.
678-(57)(58) ROAD TRACTOR. Every motor vehicle designed and
679-used for drawing other vehicles and not so constructed as to
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702+336 HB241 INTRODUCED
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704+(54)(55) RESIDENCE DISTRICT. The territory contiguous
705+to and including a highway not comprising a business district
706+when the property on the highway for a distance of 300 feet or
707+more is, in the main, improved with residences or residences
708+and buildings in use for business.
709+(55)(56) REVOCATION OF DRIVER'SDRIVER LICENSE. The
710+termination by formal action of the director of an
711+individual's license or privilege to operate a motor vehicle
712+on the public highways, which termination shall not be subject
713+to renewal or restoration except that an application for a new
714+license may be presented and acted upon by the director after
715+the expiration of the applicable period of time prescribed in
716+this title.
717+(56)(57) RIGHT-OF-WAY. The right of one vehicle or
718+pedestrian to proceed in a lawful manner in preference to
719+another vehicle or pedestrian approaching under such
720+circumstances of direction, speed, and proximity as to give
721+rise to danger of collision unless one grants precedence to
722+the other.
723+(57)(58) ROAD TRACTOR. Every motor vehicle designed and
709724 used for drawing other vehicles and not so constructed as to
710725 carry any load thereon either independently or any part of the
711726 weight of a vehicle or load so drawn.
712727 (58)(59) ROADWAY. That portion of a highway improved,
713728 designed, or ordinarily used for vehicular travel, exclusive
714729 of the berm or shoulder. In the event a highway includes two
715730 or more separate roadways, the term refers to each roadway
716731 separately but not to all roadways collectively.
717732 (59)(60) SAFETY ZONE. The area or space officially set
718-apart within a roadway for the exclusive use of pedestrians
719-and which is protected or is so marked or indicated by
720-adequate signs as to be plainly visible at all times while set
721-apart as a safety zone.
722-(60)(61) SCHOOL BUS. Every motor vehicle that complies
723-with the color and identification requirements set forth by
724-law or rule and is used to transport children to or from
725-school or in connection with school activities, but not
726-including buses operated by common carriers in urban
727-transportation of school children.
728-(61)(62) SCOOTER. A device weighing less than 100
729-pounds that satisfies all of the following:
730-a. Has handlebars and an electric motor.
731-b. Is solely powered by the electric motor or human
732-power.
733-c. Has a maximum speed of no more than 20 m.p.h. on a
734-paved level surface when powered solely by the electric motor.
735-This term does not include an e-bike, EPAMD, Segway,
736-motorcycle, or moped.
737-(62)(63) SECURITY AGREEMENT. A written agreement that
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760+364 HB241 INTRODUCED
766761 Page 14
762+(59)(60) SAFETY ZONE. The area or space officially set
763+apart within a roadway for the exclusive use of pedestrians
764+and which is protected or is so marked or indicated by
765+adequate signs as to be plainly visible at all times while set
766+apart as a safety zone.
767+(60)(61) SCHOOL BUS. Every motor vehicle that complies
768+with the color and identification requirements set forth by
769+law or rule and is used to transport children to or from
770+school or in connection with school activities, but not
771+including buses operated by common carriers in urban
772+transportation of school children.
773+(61)(62) SCOOTER. A device weighing less than 100
774+pounds that satisfies all of the following:
775+a. Has handlebars and an electric motor.
776+b. Is solely powered by the electric motor or human
777+power.
778+c. Has a maximum speed of no more than 20 m.p.h. on a
779+paved level surface when powered solely by the electric motor.
780+This term does not include an e-bike, EPAMD, Segway,
781+motorcycle, or moped.
767782 (62)(63) SECURITY AGREEMENT. A written agreement that
768783 reserves or creates a security interest.
769784 (63)(64) SECURITY INTEREST. An interest in a vehicle
770785 reserved or created by agreement and which secures payment or
771786 performance of an obligation. The term includes the interest
772787 of a lessor under a lease intended as security. A security
773788 interest is perfected when it is valid against third parties
774789 generally, subject only to specific statutory exceptions.
775790 (64)(65) SEMITRAILER. Every vehicle with or without
776-motive power, other than a pole trailer, designed for carrying
777-individuals or property and for being drawn by a motor vehicle
778-and so constructed that some part of its weight and that of
779-its load rests upon or is carried by another vehicle.
780-(65)(66) SHARED MICROMOBILITY DEVICE. A type of
781-transportation device that includes a bicycle, electric
782-bicycle, tricycle, scooter, hoverboard, skateboard, pedal car,
783-or similar device, except a device used as an electrical
784-personal assistive mobility device by an individual with
785-disabilities, used in a shared micromobility device system.
786-(66)(67) SHARED MICROMOBILITY DEVICE SYSTEM. A system
787-that provides shared micromobility devices to users for
788-short-term rentals, whether or not the system requires docking
789-stations or other similar fixed infrastructure to receive or
790-return the shared micromobility device.
791-(67)(68) SIDEWALK. That portion of a street between the
792-curb lines, or the lateral lines of a roadway, and the
793-adjacent property lines, intended for use by pedestrians.
794-(68)(69) SOLID TIRE. Every tire of rubber or other
795-resilient material which does not depend upon compressed air
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823-392 HB241 Enrolled
818+392 HB241 INTRODUCED
824819 Page 15
820+(64)(65) SEMITRAILER. Every vehicle with or without
821+motive power, other than a pole trailer, designed for carrying
822+individuals or property and for being drawn by a motor vehicle
823+and so constructed that some part of its weight and that of
824+its load rests upon or is carried by another vehicle.
825+(65)(66) SHARED MICROMOBILITY DEVICE. A type of
826+transportation device that includes a bicycle, electric
827+bicycle, tricycle, scooter, hoverboard, skateboard, pedal car,
828+or similar device, except a device used as an electrical
829+personal assistive mobility device by an individual with
830+disabilities, used in a shared micromobility device system.
831+(66)(67) SHARED MICROMOBILITY DEVICE SYSTEM. A system
832+that provides shared micromobility devices to users for
833+short-term rentals, whether or not the system requires docking
834+stations or other similar fixed infrastructure to receive or
835+return the shared micromobility device.
836+(67)(68) SIDEWALK. That portion of a street between the
837+curb lines, or the lateral lines of a roadway, and the
838+adjacent property lines, intended for use by pedestrians.
839+(68)(69) SOLID TIRE. Every tire of rubber or other
825840 resilient material which does not depend upon compressed air
826841 for the support of the load.
827842 (69)(70) SPECIAL MOBILE EQUIPMENT. Every vehicle not
828843 designed or used primarily for the transportation of
829844 individuals or property and only incidentally operated or
830845 moved over a highway, including, but not limited to: Ditch
831846 digging apparatus, well boring apparatus, and road
832847 construction and maintenance machinery such as asphalt
833848 spreaders, bituminous mixers, bucket loaders, tractors other
834-than truck tractors, ditchers, levelling graders, finishing
835-machines, motor graders, road rollers, scarifiers, earth
836-moving carry-alls and scrapers, power shovels and drag lines,
837-and self-propelled cranes, and earth moving equipment. The
838-term does not include house trailers, dump trucks, truck
839-mounted transit mixers, cranes or shovels, or other vehicles
840-designed for the transportation of individuals or property to
841-which machinery has been attached.
842-(70)(71) SPECIALLY CONSTRUCTED VEHICLE. Every vehicle
843-of a type required to be registered under this title not
844-originally constructed under a distinctive name, make, model,
845-or type by a generally recognized manufacturer of vehicles and
846-not materially altered from its original construction.
847-(71)(72) STAND or STANDING. The halting of a vehicle,
848-whether occupied or not. The term does not include a vehicle
849-that is halted temporarily for the purpose of and actually
850-engaged in receiving or discharging passengers.
851-(72)(73) STATE. A state, territory, or possession of
852-the United States, the District of Columbia, the Commonwealth
853-of Puerto Rico, or a province of Canada.
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882877 Page 16
878+spreaders, bituminous mixers, bucket loaders, tractors other
879+than truck tractors, ditchers, levelling graders, finishing
880+machines, motor graders, road rollers, scarifiers, earth
881+moving carry-alls and scrapers, power shovels and drag lines,
882+and self-propelled cranes, and earth moving equipment. The
883+term does not include house trailers, dump trucks, truck
884+mounted transit mixers, cranes or shovels, or other vehicles
885+designed for the transportation of individuals or property to
886+which machinery has been attached.
887+(70)(71) SPECIALLY CONSTRUCTED VEHICLE. Every vehicle
888+of a type required to be registered under this title not
889+originally constructed under a distinctive name, make, model,
890+or type by a generally recognized manufacturer of vehicles and
891+not materially altered from its original construction.
892+(71)(72) STAND or STANDING. The halting of a vehicle,
893+whether occupied or not. The term does not include a vehicle
894+that is halted temporarily for the purpose of and actually
895+engaged in receiving or discharging passengers.
896+(72)(73) STATE. A state, territory, or possession of
897+the United States, the District of Columbia, the Commonwealth
883898 of Puerto Rico, or a province of Canada.
884899 (73)(74) STOP. When required, means complete cessation
885900 from movement.
886901 (74)(75) STOP or STOPPING. When prohibited, means any
887902 halting, even momentarily, of a vehicle, whether occupied or
888903 not, except when necessary to avoid conflict with other
889904 traffic or in compliance with the directions of a police
890905 officer or traffic-control sign or signal.
891906 (75)(76) STREET. The entire width between boundary
892-lines of every way publicly maintained when any part thereof
893-is open to the use of the public for purposes of vehicular
894-travel.
895-(76)(77) SUSPENSION OF DRIVER'SDRIVER LICENSE. The
896-temporary withdrawal by formal action of the Secretary of the
897-Alabama State Law Enforcement Agency of an individual's driver
898-license or privilege to operate a motor vehicle on the public
899-highways, which temporary withdrawal shall be for a period
900-specifically designated by the secretary.
901-(77)(78) THROUGH HIGHWAY. Every highway or portion
902-thereof on which vehicular traffic is given preferential
903-right-of-way, and at the entrances to which vehicular traffic
904-from intersecting highways is required by law to yield the
905-right-of-way to vehicles on such through highway in obedience
906-to a stop sign, yield sign, or other official traffic-control
907-device, when such signs or devices are erected as provided in
908-this title.
909-(78)(79) TRACKLESS TROLLEY COACH. Every motor vehicle
910-which is propelled by electric power obtained from overhead
911-trolley wires but not operated upon rails.
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936+(75)(76) STREET. The entire width between boundary
937+lines of every way publicly maintained when any part thereof
938+is open to the use of the public for purposes of vehicular
939+travel.
940+(76)(77) SUSPENSION OF DRIVER'SDRIVER LICENSE. The
941+temporary withdrawal by formal action of the Secretary of the
942+Alabama State Law Enforcement Agency of an individual's driver
943+license or privilege to operate a motor vehicle on the public
944+highways, which temporary withdrawal shall be for a period
945+specifically designated by the secretary.
946+(77)(78) THROUGH HIGHWAY. Every highway or portion
947+thereof on which vehicular traffic is given preferential
948+right-of-way, and at the entrances to which vehicular traffic
949+from intersecting highways is required by law to yield the
950+right-of-way to vehicles on such through highway in obedience
951+to a stop sign, yield sign, or other official traffic-control
952+device, when such signs or devices are erected as provided in
953+this title.
954+(78)(79) TRACKLESS TROLLEY COACH. Every motor vehicle
955+which is propelled by electric power obtained from overhead
941956 trolley wires but not operated upon rails.
942957 (79)(80) TRAFFIC. Pedestrians, ridden or herded
943958 animals, vehicles, streetcars, and other conveyances, either
944959 singly or together, while using any highway for purposes of
945960 travel.
946961 (80)(81) TRAFFIC-CONTROL SIGNAL. Any device, whether
947962 manually, electrically, or mechanically operated, by which
948963 traffic is alternately directed to stop and permitted to
949964 proceed.
950-(81)(82) TRAILER. Every vehicle with or without motive
951-power, other than a pole trailer, designed for carrying
952-individuals or property and for being drawn by a motor vehicle
953-and so constructed that no part of its weight rests upon the
954-towing vehicle.
955-(82)(83) TRANSPORTER. Every person engaged in the
956-business of delivering vehicles of a type required to be
957-registered under this title from a manufacturing, assembling,
958-or distributing plant to dealers or sales agents of a
959-manufacturer.
960-(83)(84) TRUCK. Every motor vehicle designed, used, or
961-maintained primarily for the transportation of property.
962-(84)(85) TRUCK PLATOON. A group of individual
963-commercial trucks traveling in a unified manner at
964-electronically coordinated speeds at following distances that
965-are closer than would be reasonable and prudent without the
966-electronic coordination.
967-(85)(86) TRUCK TRACTOR. Every motor vehicle designed
968-and used primarily for drawing other vehicles and not so
969-constructed as to carry a load other than a part of the weight
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992+476 HB241 INTRODUCED
998993 Page 18
994+proceed.
995+(81)(82) TRAILER. Every vehicle with or without motive
996+power, other than a pole trailer, designed for carrying
997+individuals or property and for being drawn by a motor vehicle
998+and so constructed that no part of its weight rests upon the
999+towing vehicle.
1000+(82)(83) TRANSPORTER. Every person engaged in the
1001+business of delivering vehicles of a type required to be
1002+registered under this title from a manufacturing, assembling,
1003+or distributing plant to dealers or sales agents of a
1004+manufacturer.
1005+(83)(84) TRUCK. Every motor vehicle designed, used, or
1006+maintained primarily for the transportation of property.
1007+(84)(85) TRUCK PLATOON. A group of individual
1008+commercial trucks traveling in a unified manner at
1009+electronically coordinated speeds at following distances that
1010+are closer than would be reasonable and prudent without the
1011+electronic coordination.
1012+(85)(86) TRUCK TRACTOR. Every motor vehicle designed
1013+and used primarily for drawing other vehicles and not so
9991014 constructed as to carry a load other than a part of the weight
10001015 of the vehicle and load so drawn.
10011016 (86)(87) URBAN DISTRICT. The territory contiguous to
10021017 and including any street which is built up with structures
10031018 devoted to business, industry, or dwelling houses situated at
10041019 intervals of less than 100 feet for a distance of a quarter of
10051020 a mile or more.
10061021 (87)(88) VEHICLE. Every device in, upon, or by which
10071022 any individual or property is or may be transported or drawn
1008-upon a highway, excepting devices moved by human power or used
1009-exclusively upon stationary rails or tracks or electric
1010-personal assistive mobility devices; provided, that for the
1011-purposes of this title, a bicycle, an electric bicycle, or a
1012-ridden animal shall be deemed a vehicle, except those
1013-provisions of this title, which by their very nature can have
1014-no application."
1015-Section 3. This act shall become effective on October
1016-1, 2024.
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1033-493 HB241 Enrolled
1034-Page 19
1035-1, 2024.
1036-________________________________________________
1037-Speaker of the House of Representatives
1038-________________________________________________
1039-President and Presiding Officer of the Senate
1040-House of Representatives
1041-I hereby certify that the within Act originated in and
1042-was passed by the House 19-Mar-24.
1043-John Treadwell
1044-Clerk
1045-Senate 08-May-24 Passed
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1056-504
1050+504 HB241 INTRODUCED
1051+Page 19
1052+any individual or property is or may be transported or drawn
1053+upon a highway, excepting devices moved by human power or used
1054+exclusively upon stationary rails or tracks or electric
1055+personal assistive mobility devices; provided, that for the
1056+purposes of this title, a bicycle, an electric bicycle, or a
1057+ridden animal shall be deemed a vehicle, except those
1058+provisions of this title, which by their very nature can have
1059+no application."
1060+Section 3. This act shall become effective on October
1061+1, 2024.
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