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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1770 By: Dobrinski
AS INTRODUCED
An Act relating to public safety; defining terms;
providing certain exceptions for bicyclists at
traffic-control devices; amending 47 O.S. 2011,
Section 11-202, as amended by Section 1, Chapter 62,
O.S.L. 2019 (47 O.S. Supp. 2020, Section 11 -202),
which relates to traffic -control signals; modifying
certain exceptions; amending 47 O.S. 2011, Section
11-606, which relates to arm and hand s ignals;
allowing bicyclists to make certain signals; amending
47 O.S. 2011, Section 11 -901, which relates to
reckless driving; designating certain actions to be
reckless driving; amending 47 O.S. 2011, Section 12 -
401, which relates to horn and warning devi ces;
prohibiting certain uses of motor vehicle horns;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 11 -202.1 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. For the purposes of this section:
1. "Bicycle" means a device as defined in subsection A of
Section 1-104 of Title 47 of the Oklahoma Statutes; and
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2. "Immediate hazard" means a vehicle approaching a person
operating a bicycle at a proximity and rate of speed sufficient to
indicate to a reasonably careful person that there is a danger of
collision or accident.
B. 1. A person operating a bicycle approaching a stop sign
shall:
a. slow down,
b. if required to avoid an immediate hazard, stop at the
stop sign before entering the intersection, and
c. cautiously enter the intersection and yield the right -
of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the
intersection.
2. If a person operating a bicycle determines there is no
immediate hazard, he or she may cautiously make a right or left
turn, or proceed through the intersection without stopping at the
stop sign.
C. 1. A person operating a bicycle approaching a steady red
traffic-control signal shall:
a. make a complete stop at the steady red traffic -control
signal before entering the intersection, and
b. yield the right-of-way to all oncoming traffic that
constitutes an immediate hazard during the time that
he or she is moving across or within the intersection.
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2. If a person operating a bicycle determines there is no
immediate hazard, he or she may proceed through the steady red
traffic-control signal with caution.
3. A person operating a bicycle may make a:
a. right-hand turn at a steady red traffic -control signal
without stopping after slowing to a reasonable speed
and yielding the right -of-way, if required, to
oncoming traffic that constitutes an immediate hazard,
or
b. left-hand turn onto a one -way street at a steady red
traffic-control signal after stopping and yielding to
oncoming traffic that constitutes an immediate hazard.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 11 -202, as
amended by Section 1, Chapter 62, O.S.L. 2019 (47 O.S. Supp. 2020,
Section 11-202), is amended to read as follows:
Section 11-202. Whenever traffic is controlled by traffic -
control signals exhibiting different colored l ights or colored
lighted arrows successively one at a time, or in combination, only
the colors green, red and yellow shall be used, except for special
pedestrian signals carrying a word legend, and the lights shall
indicate and apply to drivers of vehicles and pedestrians as
follows:
1. Green indication:
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a. vehicular traffic facing a circular green signal,
except when prohibited under Section 11 -1302 of this
title, may proceed straight through or turn right or
left unless a sign at such place prohibits eit her such
turn. But vehicular traffic, including vehicles
turning right or left, shall yield the right -of-way to
other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time such
signal is exhibited,
b. vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may
cautiously enter the intersection only to make the
movement indicated by such arrow, or such other
movement as is permitted by other indications shown at
the same time. Such vehicular traffic shall yield the
right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using
the intersection, and
c. unless otherwise directed by a pedestrian -control
signal, as provided in Section 11-203 of this title,
pedestrians facing any green signal, except when the
sole green signal is a turn arrow, may proceed across
the roadway within any marked or unmarked crosswalk;
2. Steady yellow indication:
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a. vehicular traffic facing a steady circul ar yellow or
yellow arrow signal is thereby warned that the related
green movement is being terminated or that a red
indication will be exhibited immediately thereafter,
and
b. pedestrians facing a steady circular yellow or yellow
arrow signal, unless othe rwise directed by a
pedestrian-control signal as provided in Section 11 -
203 of this title, are thereby advised that there is
insufficient time to cross the roadway before a red
indication is shown, and no pedestrian shall then
start to cross the roadway; a nd
3. Steady red indication:
a. vehicular traffic facing a steady circular red signal
alone shall stop at a clearly marked stop line, but if
none, before entering the crosswalk on the near side
of the intersection or, if none, then before entering
the intersection and shall remain standing until an
indication to proceed is shown except as provided in
subparagraphs b and d of this paragraph,
b. except when a sign is in place prohibiting a turn,
vehicular traffic facing any steady red signal may
cautiously enter the intersection to turn right or to
turn left from a one -way street into a one -way street
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after stopping as required by subparagraph a of this
paragraph. Such vehicular traffic shall yield the
right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using
the intersection,
c. in order to prohibit right turns or left turns as
prescribed in subparagraph b of this paragraph, on the
red signal after the required stop, a municipality
must erect clear, concise signs i nforming drivers that
such turns are prohibited. The Highway Department
shall specify the design of the sign to be used for
this purpose, and it shall be used uniformly
throughout the state,
d. notwithstanding any other provision of law, the driver
of a motorcycle or bicycle facing any steady red
signal may cautiously proceed through the intersection
only if:
(1) the motorcycle or bicycle has been brought to a
complete stop as required by subparagraph a of
this paragraph,
(2) the traffic-control signal is programmed or
engineered to change to a green signal only after
detecting the approach of a motor vehicle and has
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failed to detect the arrival of the motorcycle or
bicycle because of its size or weight, and
(3) no motor vehicle or person is approaching on the
roadway to be crossed or entered, or the motor
vehicle or person is at a distance from the
intersection that does not constitute an
immediate hazard.
The driver of any vehicle approaching the
intersection, which lawfully may enter the
intersection, shall have the right-of-way over any
motorcycle or bicycle operator proceeding through a
red light and, in no event where an accident results
from the driver of the motorcycle or bicycle
proceeding into the intersection on a red light, shall
such driver of the vehicle be charged with any
violation pursuant to Sections 11 -401 and 11-403 of
this title relating to failure to yield right -of-way,
Section 11-310 of this title relating to following too
closely, or Section 11 -801 of this title relating to
driving too fast for conditions, and
e. unless otherwise directed by a pedestrian -control
signal as provided in Section 11 -203 of this title,
pedestrians facing a steady circular red signal alone
shall not enter the roadway.
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In the event an official traffic -control signal is erected and
maintained at a place other than an intersection, the provisions of
this section shall be applicable except as to those provisions which
by their nature can have no application. Any stop required shall be
made at a sign or marking on t he pavement indicating where the stop
shall be made, but in the absence of any such sign or marking the
stop shall be made at the signal.
SECTION 3. AMENDATORY 47 O.S. 2011, Section 11 -606, is
amended to read as follows:
Section 11-606. All signals herein required given by hand and
arm shall be given from the left side of the vehicle in the
following manner and such signals shall indicate as follows:
1. Left turn. Hand and arm extended horizontally .;
2. Right turn. Hand and ar m extended upward. A person
operating a bicycle may extend his or her right hand and arm
horizontally to his or her right ; and
3. Stop or decrease speed. Hand and arm extended downward. A
person operating a bicycle may extend his or her right hand and arm
downward to his or her right side.
SECTION 4. AMENDATORY 47 O.S. 2011, Section 11 -901, is
amended to read as follows:
Section 11-901. A. It shall be deemed reckless driving for any
person to drive a motor vehicle in a carele ss or wanton manner
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without regard for the safety of persons or property or in violation
of the conditions outlined in Section 11 -801 of this title.
B. It shall be deemed reckless driving for any person driving a
motor vehicle to harass, taunt or maliciou sly throw an object at or
in the direction of any person riding a bicycle , equine or animal-
drawn vehicle.
C. Every person convicted of reckless driving shall be punished
upon a first conviction by imprisonment for a period of not less
than five (5) days nor more than ninety (90) days, or by a fine of
not less than One Hundred Dollars ($100.00) nor more than Five
Hundred Dollars ($500.00), or by both such fine and imprisonment; on
a second or subsequent conviction, punishment shall be imprisonment
for not less than ten (10) days nor more than six (6) months, or by
a fine of not less than One Hundred Fifty Dollars ($150.00) nor more
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
SECTION 5. AMENDATORY 4 7 O.S. 2011, Section 12 -401, is
amended to read as follows:
Section 12-401. A. Every motor vehicle when operated upon a
highway shall be equipped with a horn in good working order and
capable of emitting sound audible under normal conditions from a
distance of not less than two hundred (200) feet, but no horn or
other warning device shall emit an unreasonably loud or harsh sound.
The driver of a motor vehicle shall, when reasonably necessary to
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insure ensure safe operation, give audible warning with a ho rn but
shall not otherwise use such horn when upon a highway. No driver of
any vehicle shall use a horn when passing a person riding a bicycle,
equine or animal-drawn vehicle under normal conditions if no
imminent danger of a collision exists.
B. No vehicle shall be equipped with nor shall any person use
upon a vehicle any siren, except as otherwise permitted in
subsection D of this section.
C. Any vehicle may be equipped with a theft alarm signal device
which is so arranged that it cannot be used by the driver as an
ordinary warning signal. A theft alarm signal device shall not use
a siren, as described in subsection D of this section.
D. Every authorized emergency vehicle shall, in addition to any
other equipment and distinctive markings required by t his title, be
equipped with a siren, or similar device, capable of emitting sound
audible under normal conditions from a distance of not less than
five hundred (500) feet and of a type approved by the Department of
Public Safety, but such siren shall not b e used except when such
vehicle is operated in response to an emergency call or in the
immediate pursuit of an actual or suspected violator of the law, in
which said latter events the driver of such vehicle shall sound said
siren when reasonably necessary to warn pedestrians and other
drivers of the approach thereof.
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E. It shall be unlawful for any person to use a device capable
of producing auditory warning signals similar to that on an
authorized emergency vehicle or to use audible signal equipment from
a motor vehicle for the purpose of causing any other motor vehicle
operator to yield right -of-way and stop, or which actually causes
any other motor vehicle operator to yield the right -of-way and stop,
whether intended or not. The provisions of this subse ction shall
not apply to the operators of authorized emergency vehicles.
SECTION 6. This act shall become effective November 1, 2021.
58-1-5031 JBH 12/29/20