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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1914 By: Fugate
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 11-202, which relates to traffic -
control signals; modifying internal st atutory
references; establishing condi tions under which motor
vehicles may proceed through re d traffic signals;
specifying conditions for which motor vehicle
operators may not have a defense for certain
violations; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 11 -202, is
amended to read as follows:
Whenever traffic is controlled b y traffic-control signals
exhibiting different colored lights 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 vehicle s 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 ei ther 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, s hown
alone or in combination with another indication, may
cautiously enter the inter section only to make the
movement indicated by such arrow, or such other
movement as is permitted by other in dications 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 Sectio n 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 circu lar yellow or
yellow arrow signal is th ereby 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 oth erwise 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; and
3. Steady red indication:
a. vehicular traffic facing a steady circular red signal
alone shall stop at a clearly marke d stop line, but if
none, before entering the crosswalk on the near side
of the intersection or, if none, the n before entering
the intersection and shall remain standing un til an
indication to proceed is shown except as provided in
subparagraphs b and, d and f of this paragraph,
b. except when a sign is in place prohibiting a turn,
vehicular traffic facing any st eady red signal may
cautiously enter the intersection to turn r ight 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 informing drivers that
such turns are prohibited. The Highway Department
shall specify the design of the sign to be used f or
this purpose, and it shall be used uniformly
throughout the state,
d. notwithstanding any other pro vision of law, the drive r
of a motorcycle facing any steady red signal may
cautiously proceed through the intersection only if:
(1) the motorcycle 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
failed to detect the arrival o f the motorcycle
because of its size or weight, and
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(3) no motor vehicle or person is approaching on t he
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 operator proceeding through a red light
and, in no event where an accident results from the
driver of the motorcycle proceeding into the
intersection on a red light, shall such driver of the
vehicle be charged wi th any violation pursuan t 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.
f. between the hours of 10:00 p.m. to 6:00 a.m., the
driver of a motor vehicle facing any steady red signal
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may cautiously proceed through the intersection only
if:
(1) the vehicle has been brought to a complete stop
as required by subparagraph a of this paragraph,
and
(2) no motor vehicle or person is approaching on the
roadway to be crossed o r 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
motor vehicle operator proceeding through a red light
and, in no event where an accident results from the
driver of the motor vehicle proceeding into the
intersection on a red light, shall such driver of the
vehicle be charged with any violation pur suant 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.
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In the event an official traffic -control signal is erected and
maintained at a place othe r than an intersection, the provisions of
this section shall be applicable except as to tho se provisions which
by their nature can have no application. Any stop required shall be
made at a sign or marking on the 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 2. This act shall become effective November 1, 2023.
59-1-6773 JBH 12/13/22