25 LC 39 4668S
The House Committee on Motor Vehicles offers the following substitute to HB 461:
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1
traffic, so as to revise and provide for definitions; to provide for the safe operation of a2
motorcycle or bicycle through certain inoperative traffic-control devices and signals; to3
require drivers of motor vehicles to stop at crosswalks with pedestrian activated rectangular4
rapid flash beacons; to make it unlawful to activate such devices when there is no intent to5
cross a roadway; to provide for a short title; to provide for related matters; to repeal6
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 revising paragraph (50.01) as13
follows:14
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"(50.01) 'Rectangular rapid flash beacon' means user activated devices which emit15
irregular flash patterns with amber light emitting diodes (LEDs) that supplement warning16
signals at unsignalized intersections or mid-block crosswalks. Such devices may be17
activated by pedestrians manually by a push button or passively by a pedestrian detection18
system. 'Recreational off-highway vehicle' means a motorized vehicle designed for19
off-road use which is equipped with four or more nonhighway tires and which is 6520
inches or less in width."21
SECTION 3.22
Said title is further amended in Code Section 40-6-20, relating to obedience to traffic-control23
devices required, presumptions, and red light cameras, by revising subsections (a) and (e) as24
follows:25
"(a) The driver of any vehicle shall obey the instructions of an official traffic-control26
device applicable thereto, placed in accordance with this chapter, unless otherwise directed27
by a police officer, subject to the exceptions granted the driver of an authorized emergency28
vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as29
otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code30
section."31
"(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or32
disobedience of the instructions of any official traffic-control device or signal placed in33
accordance with the provisions of this chapter by the driver of a vehicle shall be deemed34
prima-facie evidence of a violation of law, without requiring proof of who and by what35
authority such sign or device has been erected.36
(2) If a driver has stopped pursuant to the instructions of a traffic-control device or signal37
at an intersection which utilizes recorded image or surveillance technology and has a38
reasonable belief that the traffic-control device or signal is inoperative due to the39
lightweight design of his or her motorcycle or bicycle, the driver may disregard or40
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disobey the instructions of the traffic-control device or signal and proceed through the41
intersection, provided that:42
(A) There is no other motor vehicle within 500 feet approaching or entering the same43
intersection from a different highway, or from the same highway approaching or44
entering the intersection from the opposite direction; and45
(B) The driver cautiously proceeds through the intersection with reasonable care and46
consideration for all other applicable rules of the road.47
Nothing in this paragraph shall restrict a driver from making a right turn as provided for48
in paragraph (3) of subsection (a) of Code Section 40-6-21.49
(3) A driver who acts or purports to act pursuant to paragraph (2) of this subsection shall50
maintain the burden of proving that he or she acted in accordance with paragraph (2) of51
this subsection. Such driver's cause or proximate cause of an accident while acting or52
purporting to act pursuant to paragraph (2) of this subsection shall be prima-facie53
evidence that such driver did not exercise the requisite level of caution, care, or54
consideration required for compliance with the law.55
(4) As used in this subsection, the term 'reasonable belief' means the belief of a56
reasonable driver in consideration of the conditions of his or her stop and shall include57
the observation of at least two light cycle changes of a nearby traffic-control device or58
signal."59
SECTION 4.60
Said title is further amended by revising Code Section 40-6-91, relating to right of way in61
crosswalks, as follows:62
"40-6-91.63
(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the64
roadway within a crosswalk when the pedestrian is upon the half of the roadway upon65
which the vehicle is traveling, or when the pedestrian is approaching and is within one lane66
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of the half of the roadway on which the vehicle is traveling or onto which it is turning. For67
the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic68
in one direction of travel.69
(b) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the70
roadway within a crosswalk when an approved rectangular rapid flash beacon or similar71
device has been activated.72
(c) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into73
the path of a vehicle which is so close that it is impractical for the driver to yield. No74
pedestrian shall manually activate or intentionally cause to be activated a rectangular rapid75
flash beacon or similar device at a crosswalk unless such person intends to cross that76
roadway.77
(c)(d) Subsection (a) of this Code section shall not apply under the conditions stated in78
subsection (b) of Code Section 40-6-92.79
(d)(e) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked80
crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any81
other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."82
SECTION 5.83
All laws and parts of laws in conflict with this Act are repealed.84
H. B. 461 (SUB)
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