24 LC 39 4208
House Bill 1369
By: Representatives Thomas of the 21
st
and Powell of the 33
rd
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and
1
traffic, so as to provide for definitions; to provide for the safe operation of a motorcycle or2
bicycle through an inoperative traffic-control signal; to require drivers of motor vehicles to3
stop at crosswalks with pedestrian activated rectangular rapid flash beacons; to make it4
unlawful to activate such devices when there is no intent to cross a roadway; to remove5
provisions regarding height of handlebars for motorcycles; to provide for a short title; to6
provide for related matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act."10
SECTION 2.11
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is12
amended in Code Section 40-1-1, relating to definitions, by adding a new paragraph to read13
as follows:14
H. B. 1369
- 1 - 24 LC 39 4208
"(50.02) 'Rectangular rapid flash beacon' means user activated amber light emitting15
diodes (LEDs) that supplement warning signals at unsignalized intersections or mid-block16
crosswalks. Such devices emit an irregular flash pattern and may be activated by17
pedestrians manually by a push button or passively by a pedestrian detection system. The18
term shall be interchangeable with LED rapid flash system, stutter flash, or LED19
beacons."20
SECTION 3.21
Said title is further amended in Code Section 40-6-20, relating to obedience to traffic-control22
devices required, presumptions, and red light cameras, by revising subsections (a) and (e) as23
follows:24
"(a) The driver of any vehicle shall obey the instructions of an official traffic-control25
device applicable thereto, placed in accordance with this chapter, unless otherwise directed26
by a police officer, subject to the exceptions granted the driver of an authorized emergency27
vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as28
otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code29
section."30
"(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or31
disobedience of the instructions of any official traffic-control device or signal placed in32
accordance with the provisions of this chapter by the driver of a vehicle shall be deemed33
prima-facie evidence of a violation of law, without requiring proof of who and by what34
authority such sign or device has been erected.35
(2) If a driver has stopped pursuant to the instructions of a traffic-control device and has36
a reasonable belief that the traffic-control device or signal is inoperative due to the37
lightweight design of his or her motorcycle or bicycle, the driver may disregard or38
disobey the instructions of the traffic-control device or signal and proceed through the39
intersection, provided that:40
H. B. 1369
- 2 - 24 LC 39 4208
(A) There is no other motor vehicle within 500 feet approaching or entering the same41
intersection from a different highway, or from the same highway approaching or42
entering the intersection from the opposite direction; and43
(B) The driver cautiously proceeds through the intersection with reasonable care and44
consideration for all other applicable rules of the road.45
Nothing in this paragraph shall restrict the permissibility of a driver to make a right turn46
as provided for in paragraph (3) of subsection (a) of Code Section 40-6-21.47
(3) A driver who acts or purports to act pursuant to paragraph (2) of this subsection shall48
maintain the burden of proving that he or she acted in accordance with paragraph (2) of49
this subsection. Such driver's cause or proximate cause of an accident while acting or50
purporting to act pursuant to paragraph (2) of this subsection shall be prima-facie51
evidence that such driver did not exercise the requisite level of caution, care, or52
consideration required for compliance with the law.53
(4) As used in this subsection, the term 'reasonable belief' means the belief of a54
reasonable driver in consideration of the conditions of his or her stop, including but not55
limited to the number of seconds he or she has been stopped or the number of signal56
changes he or she has observed of the traffic-control device or signal which did not57
include a change of instruction to him or her."58
SECTION 4.59
Said title is further amended by revising Code Section 40-6-91, relating to right of way in60
crosswalks, as follows:61
"40-6-91.62
(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the63
roadway within a crosswalk when the pedestrian is upon the half of the roadway upon64
which the vehicle is traveling, or when the pedestrian is approaching and is within one lane65
of the half of the roadway on which the vehicle is traveling or onto which it is turning. For66
H. B. 1369
- 3 - 24 LC 39 4208
the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic
67
in one direction of travel.68
(b) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the
69
roadway within a crosswalk when an approved rectangular rapid flash beacon or similar70
device has been activated.71
(c) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into72
the path of a vehicle which is so close that it is impractical for the driver to yield. No73
pedestrian shall manually activate or intentionally cause to be activated a rapid flash74
beacon or similar device at a crosswalk unless such person intends to cross a roadway.75
(c)(d) Subsection (a) of this Code section shall not apply under the conditions stated in76
subsection (b) of Code Section 40-6-92.77
(d)(e) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked78
crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any79
other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."80
SECTION 5.81
Said title is further amended by revising Code Section 40-6-314, relating to footrests and82
handlebars for motorcycles, as follows:83
"40-6-314.84
(a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be85
equipped with footrests for such passenger.86
(b) No person shall operate any motorcycle with handlebars more than 25 inches in height87
above that portion of the seat occupied by the operator or with a backrest more commonly88
known as a sissy bar that is designed in such a way as to create a sharp point at its apex."89
SECTION 6.90
All laws and parts of laws in conflict with this Act are repealed. 91
H. B. 1369
- 4 -