| 7 | | - | motorcycle or bicycle through certain inoperative traffic-control devices and signals; to3 |
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| 8 | | - | require drivers of motor vehicles to stop at crosswalks with pedestrian activated rectangular4 |
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| 9 | | - | rapid flash beacons; to make it unlawful to activate such devices when there is no intent to5 |
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| 10 | | - | cross a roadway; to provide for a short title; to provide for related matters; to repeal6 |
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| 11 | | - | conflicting laws; and for other purposes.7 |
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| 12 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 13 | | - | SECTION 1.9 |
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| 14 | | - | This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act."10 |
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| 15 | | - | SECTION 2.11 |
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| 16 | | - | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is12 |
|---|
| 17 | | - | amended in Code Section 40-1-1, relating to definitions, by revising paragraph (50.01) as13 |
|---|
| 18 | | - | follows:14 |
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| 19 | | - | H. B. 461 (SUB) |
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| 20 | | - | - 1 - 25 LC 39 4668S |
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| 21 | | - | "(50.01) 'Rectangular rapid flash beacon' means user activated devices which emit15 |
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| 22 | | - | irregular flash patterns with amber light emitting diodes (LEDs) that supplement warning16 |
|---|
| 23 | | - | signals at unsignalized intersections or mid-block crosswalks. Such devices may be17 |
|---|
| 24 | | - | activated by pedestrians manually by a push button or passively by a pedestrian detection18 |
|---|
| 25 | | - | system. 'Recreational off-highway vehicle' means a motorized vehicle designed for19 |
|---|
| 26 | | - | off-road use which is equipped with four or more nonhighway tires and which is 6520 |
|---|
| 27 | | - | inches or less in width."21 |
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| 28 | | - | SECTION 3.22 |
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| 29 | | - | Said title is further amended in Code Section 40-6-20, relating to obedience to traffic-control23 |
|---|
| 30 | | - | devices required, presumptions, and red light cameras, by revising subsections (a) and (e) as24 |
|---|
| 31 | | - | follows:25 |
|---|
| 32 | | - | "(a) The driver of any vehicle shall obey the instructions of an official traffic-control26 |
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| 33 | | - | device applicable thereto, placed in accordance with this chapter, unless otherwise directed27 |
|---|
| 34 | | - | by a police officer, subject to the exceptions granted the driver of an authorized emergency28 |
|---|
| 35 | | - | vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as29 |
|---|
| 36 | | - | otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code30 |
|---|
| 37 | | - | section."31 |
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| 38 | | - | "(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or32 |
|---|
| 39 | | - | disobedience of the instructions of any official traffic-control device or signal placed in33 |
|---|
| 40 | | - | accordance with the provisions of this chapter by the driver of a vehicle shall be deemed34 |
|---|
| 41 | | - | prima-facie evidence of a violation of law, without requiring proof of who and by what35 |
|---|
| 42 | | - | authority such sign or device has been erected.36 |
|---|
| 43 | | - | (2) If a driver has stopped pursuant to the instructions of a traffic-control device or signal37 |
|---|
| 44 | | - | at an intersection which utilizes recorded image or surveillance technology and has a38 |
|---|
| 45 | | - | reasonable belief that the traffic-control device or signal is inoperative due to the39 |
|---|
| 20 | + | motorcycle or bicycle through an inoperative traffic-control signal; to require drivers of3 |
|---|
| 21 | + | motor vehicles to stop at crosswalks with pedestrian activated rectangular rapid flash4 |
|---|
| 22 | + | beacons; to make it unlawful to activate such devices when there is no intent to cross a5 |
|---|
| 23 | + | roadway; to remove provisions regarding height of handlebars for motorcycles; to provide6 |
|---|
| 24 | + | for a short title; to provide for related matters; to repeal conflicting laws; and for other7 |
|---|
| 25 | + | purposes.8 |
|---|
| 26 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
|---|
| 27 | + | SECTION 1.10 |
|---|
| 28 | + | This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act."11 |
|---|
| 29 | + | SECTION 2.12 |
|---|
| 30 | + | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is13 |
|---|
| 31 | + | amended in Code Section 40-1-1, relating to definitions, by revising paragraph (50.01) as14 |
|---|
| 32 | + | follows:15 |
|---|
| 33 | + | H. B. 461 |
|---|
| 34 | + | - 1 - 25 LC 39 4432 |
|---|
| 35 | + | "(50.01) 'Rectangular rapid flash beacon' means user activated devices which emit16 |
|---|
| 36 | + | irregular flash patterns with amber light emitting diodes (LEDs) that supplement warning17 |
|---|
| 37 | + | signals at unsignalized intersections or mid-block crosswalks. Such devices may be18 |
|---|
| 38 | + | activated by pedestrians manually by a push button or passively by a pedestrian detection19 |
|---|
| 39 | + | system. 'Recreational off-highway vehicle' means a motorized vehicle designed for20 |
|---|
| 40 | + | off-road use which is equipped with four or more nonhighway tires and which is 6521 |
|---|
| 41 | + | inches or less in width."22 |
|---|
| 42 | + | SECTION 3.23 |
|---|
| 43 | + | Said title is further amended in Code Section 40-6-20, relating to obedience to traffic-control24 |
|---|
| 44 | + | devices required, presumptions, and red light cameras, by revising subsections (a) and (e) as25 |
|---|
| 45 | + | follows:26 |
|---|
| 46 | + | "(a) The driver of any vehicle shall obey the instructions of an official traffic-control27 |
|---|
| 47 | + | device applicable thereto, placed in accordance with this chapter, unless otherwise directed28 |
|---|
| 48 | + | by a police officer, subject to the exceptions granted the driver of an authorized emergency29 |
|---|
| 49 | + | vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as30 |
|---|
| 50 | + | otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code31 |
|---|
| 51 | + | section."32 |
|---|
| 52 | + | "(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or33 |
|---|
| 53 | + | disobedience of the instructions of any official traffic-control device or signal placed in34 |
|---|
| 54 | + | accordance with the provisions of this chapter by the driver of a vehicle shall be deemed35 |
|---|
| 55 | + | prima-facie evidence of a violation of law, without requiring proof of who and by what36 |
|---|
| 56 | + | authority such sign or device has been erected.37 |
|---|
| 57 | + | (2) If a driver has stopped pursuant to the instructions of a traffic-control device and has38 |
|---|
| 58 | + | a reasonable belief that the traffic-control device or signal is inoperative due to the39 |
|---|
| 49 | 62 | | disobey the instructions of the traffic-control device or signal and proceed through the41 |
|---|
| 50 | 63 | | intersection, provided that:42 |
|---|
| 51 | 64 | | (A) There is no other motor vehicle within 500 feet approaching or entering the same43 |
|---|
| 52 | 65 | | intersection from a different highway, or from the same highway approaching or44 |
|---|
| 53 | 66 | | entering the intersection from the opposite direction; and45 |
|---|
| 54 | 67 | | (B) The driver cautiously proceeds through the intersection with reasonable care and46 |
|---|
| 55 | 68 | | consideration for all other applicable rules of the road.47 |
|---|
| 56 | 69 | | Nothing in this paragraph shall restrict a driver from making a right turn as provided for48 |
|---|
| 57 | 70 | | in paragraph (3) of subsection (a) of Code Section 40-6-21.49 |
|---|
| 58 | 71 | | (3) A driver who acts or purports to act pursuant to paragraph (2) of this subsection shall50 |
|---|
| 59 | 72 | | maintain the burden of proving that he or she acted in accordance with paragraph (2) of51 |
|---|
| 60 | 73 | | this subsection. Such driver's cause or proximate cause of an accident while acting or52 |
|---|
| 61 | 74 | | purporting to act pursuant to paragraph (2) of this subsection shall be prima-facie53 |
|---|
| 62 | 75 | | evidence that such driver did not exercise the requisite level of caution, care, or54 |
|---|
| 63 | 76 | | consideration required for compliance with the law.55 |
|---|
| 64 | 77 | | (4) As used in this subsection, the term 'reasonable belief' means the belief of a56 |
|---|
| 65 | | - | reasonable driver in consideration of the conditions of his or her stop and shall include57 |
|---|
| 66 | | - | the observation of at least two light cycle changes of a nearby traffic-control device or58 |
|---|
| 67 | | - | signal."59 |
|---|
| 68 | | - | SECTION 4.60 |
|---|
| 69 | | - | Said title is further amended by revising Code Section 40-6-91, relating to right of way in61 |
|---|
| 70 | | - | crosswalks, as follows:62 |
|---|
| 71 | | - | "40-6-91.63 |
|---|
| 72 | | - | (a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the64 |
|---|
| 73 | | - | roadway within a crosswalk when the pedestrian is upon the half of the roadway upon65 |
|---|
| 74 | | - | which the vehicle is traveling, or when the pedestrian is approaching and is within one lane66 |
|---|
| 75 | | - | H. B. 461 (SUB) |
|---|
| 76 | | - | - 3 - 25 LC 39 4668S |
|---|
| 77 | | - | of the half of the roadway on which the vehicle is traveling or onto which it is turning. For67 |
|---|
| 78 | | - | the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic68 |
|---|
| 79 | | - | in one direction of travel.69 |
|---|
| 80 | | - | (b) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the70 |
|---|
| 81 | | - | roadway within a crosswalk when an approved rectangular rapid flash beacon or similar71 |
|---|
| 82 | | - | device has been activated.72 |
|---|
| 83 | | - | (c) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into73 |
|---|
| 84 | | - | the path of a vehicle which is so close that it is impractical for the driver to yield. No74 |
|---|
| 85 | | - | pedestrian shall manually activate or intentionally cause to be activated a rectangular rapid75 |
|---|
| 86 | | - | flash beacon or similar device at a crosswalk unless such person intends to cross that76 |
|---|
| 87 | | - | roadway.77 |
|---|
| 88 | | - | (c)(d) Subsection (a) of this Code section shall not apply under the conditions stated in78 |
|---|
| 89 | | - | subsection (b) of Code Section 40-6-92.79 |
|---|
| 90 | | - | (d)(e) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked80 |
|---|
| 91 | | - | crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any81 |
|---|
| 92 | | - | other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."82 |
|---|
| 93 | | - | SECTION 5.83 |
|---|
| 94 | | - | All laws and parts of laws in conflict with this Act are repealed.84 |
|---|
| 95 | | - | H. B. 461 (SUB) |
|---|
| 96 | | - | - 4 - |
|---|
| 78 | + | reasonable driver in consideration of the conditions of his or her stop, including but not57 |
|---|
| 79 | + | limited to the number of seconds he or she has been stopped or the number of signal58 |
|---|
| 80 | + | changes he or she has observed of the traffic-control device or signal which did not59 |
|---|
| 81 | + | include a change of instruction to him or her."60 |
|---|
| 82 | + | SECTION 4.61 |
|---|
| 83 | + | Said title is further amended by revising Code Section 40-6-91, relating to right of way in62 |
|---|
| 84 | + | crosswalks, as follows:63 |
|---|
| 85 | + | "40-6-91.64 |
|---|
| 86 | + | (a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the65 |
|---|
| 87 | + | roadway within a crosswalk when the pedestrian is upon the half of the roadway upon66 |
|---|
| 88 | + | H. B. 461 |
|---|
| 89 | + | - 3 - 25 LC 39 4432 |
|---|
| 90 | + | which the vehicle is traveling, or when the pedestrian is approaching and is within one lane |
|---|
| 91 | + | 67 |
|---|
| 92 | + | of the half of the roadway on which the vehicle is traveling or onto which it is turning. For68 |
|---|
| 93 | + | the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic69 |
|---|
| 94 | + | in one direction of travel.70 |
|---|
| 95 | + | (b) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the |
|---|
| 96 | + | 71 |
|---|
| 97 | + | roadway within a crosswalk when an approved rectangular rapid flash beacon or similar72 |
|---|
| 98 | + | device has been activated.73 |
|---|
| 99 | + | (c) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into74 |
|---|
| 100 | + | the path of a vehicle which is so close that it is impractical for the driver to yield. No75 |
|---|
| 101 | + | pedestrian shall manually activate or intentionally cause to be activated a rectangular rapid76 |
|---|
| 102 | + | flash beacon or similar device at a crosswalk unless such person intends to cross that77 |
|---|
| 103 | + | roadway.78 |
|---|
| 104 | + | (c)(d) Subsection (a) of this Code section shall not apply under the conditions stated in79 |
|---|
| 105 | + | subsection (b) of Code Section 40-6-92.80 |
|---|
| 106 | + | (d)(e) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked81 |
|---|
| 107 | + | crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any82 |
|---|
| 108 | + | other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."83 |
|---|
| 109 | + | SECTION 5.84 |
|---|
| 110 | + | Said title is further amended by revising Code Section 40-6-314, relating to footrests and85 |
|---|
| 111 | + | handlebars for motorcycles, as follows:86 |
|---|
| 112 | + | "40-6-314.87 |
|---|
| 113 | + | (a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be88 |
|---|
| 114 | + | equipped with footrests for such passenger.89 |
|---|
| 115 | + | (b) No person shall operate any motorcycle with handlebars more than 25 inches in height90 |
|---|
| 116 | + | above that portion of the seat occupied by the operator or with a backrest more commonly91 |
|---|
| 117 | + | known as a sissy bar that is designed in such a way as to create a sharp point at its apex."92 |
|---|
| 118 | + | H. B. 461 |
|---|
| 119 | + | - 4 - 25 LC 39 4432 |
|---|
| 120 | + | SECTION 6. |
|---|
| 121 | + | 93 |
|---|
| 122 | + | All laws and parts of laws in conflict with this Act are repealed. 94 |
|---|
| 123 | + | H. B. 461 |
|---|
| 124 | + | - 5 - |
|---|