Georgia 2023-2024 Regular Session

Georgia House Bill HB1369 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	24 LC 39 4208
2	2	House Bill 1369
3	3	By: Representatives Thomas of the 21
4	4	st
5	5	and Powell of the 33
6	6	rd
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and
11	11	1
12	12	traffic, so as to provide for definitions; to provide for the safe operation of a motorcycle or2
13	13	bicycle through an inoperative traffic-control signal; to require drivers of motor vehicles to3
14	14	stop at crosswalks with pedestrian activated rectangular rapid flash beacons; to make it4
15	15	unlawful to activate such devices when there is no intent to cross a roadway; to remove5
16	16	provisions regarding height of handlebars for motorcycles; to provide for a short title; to6
17	17	provide for related matters; to repeal conflicting laws; and for other purposes.7
18	18	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
19	19	SECTION 1.9
20	20	This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act."10
21	21	SECTION 2.11
22	22	Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is12
23	23	amended in Code Section 40-1-1, relating to definitions, by adding a new paragraph to read13
24	24	as follows:14
25	25	H. B. 1369
26	26	- 1 - 24 LC 39 4208
27	27	"(50.02) 'Rectangular rapid flash beacon' means user activated amber light emitting15
28	28	diodes (LEDs) that supplement warning signals at unsignalized intersections or mid-block16
29	29	crosswalks. Such devices emit an irregular flash pattern and may be activated by17
30	30	pedestrians manually by a push button or passively by a pedestrian detection system. The18
31	31	term shall be interchangeable with LED rapid flash system, stutter flash, or LED19
32	32	beacons."20
33	33	SECTION 3.21
34	34	Said title is further amended in Code Section 40-6-20, relating to obedience to traffic-control22
35	35	devices required, presumptions, and red light cameras, by revising subsections (a) and (e) as23
36	36	follows:24
37	37	"(a) The driver of any vehicle shall obey the instructions of an official traffic-control25
38	38	device applicable thereto, placed in accordance with this chapter, unless otherwise directed26
39	39	by a police officer, subject to the exceptions granted the driver of an authorized emergency27
40	40	vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as28
41	41	otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code29
42	42	section."30
43	43	"(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or31
44	44	disobedience of the instructions of any official traffic-control device or signal placed in32
45	45	accordance with the provisions of this chapter by the driver of a vehicle shall be deemed33
46	46	prima-facie evidence of a violation of law, without requiring proof of who and by what34
47	47	authority such sign or device has been erected.35
48	48	(2) If a driver has stopped pursuant to the instructions of a traffic-control device and has36
49	49	a reasonable belief that the traffic-control device or signal is inoperative due to the37
50	50	lightweight design of his or her motorcycle or bicycle, the driver may disregard or38
51	51	disobey the instructions of the traffic-control device or signal and proceed through the39
52	52	intersection, provided that:40
53	53	H. B. 1369
54	54	- 2 - 24 LC 39 4208
55	55	(A) There is no other motor vehicle within 500 feet approaching or entering the same41
56	56	intersection from a different highway, or from the same highway approaching or42
57	57	entering the intersection from the opposite direction; and43
58	58	(B) The driver cautiously proceeds through the intersection with reasonable care and44
59	59	consideration for all other applicable rules of the road.45
60	60	Nothing in this paragraph shall restrict the permissibility of a driver to make a right turn46
61	61	as provided for in paragraph (3) of subsection (a) of Code Section 40-6-21.47
62	62	(3) A driver who acts or purports to act pursuant to paragraph (2) of this subsection shall48
63	63	maintain the burden of proving that he or she acted in accordance with paragraph (2) of49
64	64	this subsection. Such driver's cause or proximate cause of an accident while acting or50
65	65	purporting to act pursuant to paragraph (2) of this subsection shall be prima-facie51
66	66	evidence that such driver did not exercise the requisite level of caution, care, or52
67	67	consideration required for compliance with the law.53
68	68	(4) As used in this subsection, the term 'reasonable belief' means the belief of a54
69	69	reasonable driver in consideration of the conditions of his or her stop, including but not55
70	70	limited to the number of seconds he or she has been stopped or the number of signal56
71	71	changes he or she has observed of the traffic-control device or signal which did not57
72	72	include a change of instruction to him or her."58
73	73	SECTION 4.59
74	74	Said title is further amended by revising Code Section 40-6-91, relating to right of way in60
75	75	crosswalks, as follows:61
76	76	"40-6-91.62
77	77	(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the63
78	78	roadway within a crosswalk when the pedestrian is upon the half of the roadway upon64
79	79	which the vehicle is traveling, or when the pedestrian is approaching and is within one lane65
80	80	of the half of the roadway on which the vehicle is traveling or onto which it is turning. For66
81	81	H. B. 1369
82	82	- 3 - 24 LC 39 4208
83	83	the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic
84	84	67
85	85	in one direction of travel.68
86	86	(b) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the
87	87	69
88	88	roadway within a crosswalk when an approved rectangular rapid flash beacon or similar70
89	89	device has been activated.71
90	90	(c) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into72
91	91	the path of a vehicle which is so close that it is impractical for the driver to yield. No73
92	92	pedestrian shall manually activate or intentionally cause to be activated a rapid flash74
93	93	beacon or similar device at a crosswalk unless such person intends to cross a roadway.75
94	94	(c)(d) Subsection (a) of this Code section shall not apply under the conditions stated in76
95	95	subsection (b) of Code Section 40-6-92.77
96	96	(d)(e) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked78
97	97	crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any79
98	98	other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."80
99	99	SECTION 5.81
100	100	Said title is further amended by revising Code Section 40-6-314, relating to footrests and82
101	101	handlebars for motorcycles, as follows:83
102	102	"40-6-314.84
103	103	(a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be85
104	104	equipped with footrests for such passenger.86
105	105	(b) No person shall operate any motorcycle with handlebars more than 25 inches in height87
106	106	above that portion of the seat occupied by the operator or with a backrest more commonly88
107	107	known as a sissy bar that is designed in such a way as to create a sharp point at its apex."89
108	108	SECTION 6.90
109	109	All laws and parts of laws in conflict with this Act are repealed. 91
110	110	H. B. 1369
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