Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2752 Amended / Bill

Filed 04/17/2023

                     
 
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SENATE FLOOR VERSION 
April 13, 2023 
 
 
ENGROSSED HOUSE 
BILL NO. 2752 	By: Miller of the House 
 
  and 
 
  Alvord of the Senate 
 
 
 
 
An Act relating to transportation; amending 47 O.S. 
2021, Section 1-159, which relates to safety zone s; 
modifying definition; amending 47 O.S. 2021, Section 
11-203, which relates to pedestrian-control signals; 
modifying actions for ped estrians when presented 
certain instructions; amending 47 O.S. 2021, Section 
11-308, which relates to one-way roadways and rotary 
traffic island; modifying name of responsible entity; 
requiring certain tr affic move in certain manner; 
amending 47 O.S. 2021, Section 11 -309, which relates 
to additional rules for driving on roadways la ned for 
traffic; modifying requirements for vehicles driven 
on multi-laned roadways; amending 47 O.S. 2021, 
Section 11-803, which relates to when local 
authorities may and shall alter maximum limi ts; 
modifying description of certain streets and 
highways; amending 69 O.S. 2021, Sections 241, 242, 
and 301, which relate to the Department of 
Transportation; modifying references; and providing 
an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     47 O.S. 2021, Section 1 -159, is 
amended to read as follows: 
Section 1-159. The area or space officially set apart within a 
roadway for the exclusive use of pedestrians and which is protected   
 
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or is so marked or indicated by adequate signs as to be plainly 
visible at all times while set apart as a safety zone pedestrian 
refuge. 
SECTION 2.    AMENDATORY    47 O.S. 2021, Section 11 -203, is 
amended to read as follows: 
Section 11-203.  Whenever special pedestrian-control signals 
exhibiting the words "Walk" or "Wait" or "Don't Walk", or WALKING 
PERSON or UPRAISED HAND symbols are in place, such signals shall 
indicate as follows: 
1.  Steady Walk or steady WALKING PERSON.  Pedestrians facing 
such signal may proceed across start to cross the roadway in the 
direction of the signal after yielding right-of-way to vehicles 
lawfully within the intersection at the time the signal indications 
begins, and shall be given the right of way in the direc tion of the 
signal by the drivers of all vehicles. 
2.  Wait or Flashing Don't Walk or flashing UPRAISED HAN D.  No 
pedestrian shall start to cross the roadway in the direction of such 
signal, but any pedestrian who has partially com pleted his or her 
crossing on the walk signal shall proceed to a sidewalk or safety 
island pedestrian refuge while the wait steady Don't Walk or 
UPRAISED HAND signal is showing. 
3.  Steady Don't Walk or steady UPRAISED HAND. No pedestrian 
shall enter the roadway in the direction of the signal indication.   
 
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SECTION 3.    AMENDATORY     47 O. S. 2021, Section 11-308, is 
amended to read as follows: 
Section 11-308. (a) The State Highway Transportation Commission 
or local authorities, within their respective jurisdicti ons, may 
designate any street or highway or any separate roadway under their 
respective jurisdictions for on e-way traffic and shall erect 
appropriate signs giving notice thereof. 
(b) Upon a roadway designated and signposted for one -way traffic 
a vehicle shall be driven only in the direction designated. 
(c) A vehicle passing around a rotary traffic the central island 
of a circular intersection shall be driven only to the right of 
counterclockwise around such islands. 
SECTION 4.     AMENDATORY     47 O.S. 2021, Section 11-309, is 
amended to read as follows: 
Section 11-309. Whenever any roadway ha s been divided into two 
or more clearly marked lanes for traffic, the following requirements 
in addition to all others consistent herewith shall ap ply. 
1.  A vehicle shall be driven as nearly as practicable entirely 
within a single lane. 
2.  A vehicle shall not be moved from the lane until the driver 
has first ascertained that the movement can be made with safety and 
then given a signal, not less tha n the last one hundred (100) feet 
traveled by the vehicle, of his or her intention to change lanes.   
 
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3. Upon a roadway which is divided into three lanes, a vehicle 
shall not be driven in the center lane except when overtaking and 
passing another vehicle wh ere the roadway is clearly visible and the 
center lane is clear of traffic within a safe distance, or in 
preparation for a left turn or where the center lane is at the time 
allocated exclusively to traffic moving in the direction the vehicle 
is proceeding and is signposted to give notice of the allocation. 
4. A two-way left-turn lane is a lane near the center of the 
highway set aside for use by vehicles making left turns in both 
directions from or into the roadway.  Two -way left-turn lanes shall 
be designated by distinctive roadway markings consisting of parallel 
double yellow lines, interior line dashed and exte rior line solid, 
on each side of the lane.  A vehicle shall not be driven in a 
designated two-way left-turn lane except when preparing for or 
making a left turn from or into a roadway. Vehicles turning left 
from the roadway shall not be driven in the two -way left-turn lane 
for more than two hundred (200) feet while preparing for and making 
the turn.  A vehicle turning left onto the roadway may utili ze the 
two-way left-turn lane as a staging area by stopping and waiting for 
traffic proceeding in the same di rection to clear before merging 
into the adjacent lanes of travel. A left turn shall not be made 
from any other lane where a two -way left-turn lane has been 
designated.  Provided, however, this section shall not prohibit   
 
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driving across a two -way left-turn lane when moving from a service 
drive onto such marked roadway. 
5. 4.  A vehicle shall not be driven in the left lane of a 
roadway except when ove rtaking and passing another vehicle; 
provided, however, this paragraph shall not prohibit driving in the 
left lane when traffic conditions, flow or road configuration, such 
as the potential of merging traffic, require the use of the left 
lane to maintain safe traffic conditions; provided further, this 
paragraph shall not prohibit driving in the left lane of a roa dway 
within the city limits of a municipality or upon a county road as 
long as such roadway is not part of the National System of 
Interstate and Defense Highways or a turnpike. 
6. 5.  Official signs may be erected directing slow-moving 
traffic to use a des ignated lane or designating those lanes to be 
used by traffic moving in a particular direction regardless of the 
center of the roadway, and drivers of vehicles shall obey the 
directions of every such sign. 
Any person convicted of violating any provision of this section 
shall be punished as provided for in Section 17-101 of this title. 
SECTION 5.     AMENDATORY     47 O.S. 20 21, Section 11-803, is 
amended to read as follows: 
Section 11-803. A. Whenever local authorities in thei r 
respective jurisdictions determine on the basis of an engineering 
and traffic investigation that the maximum speed permitted under   
 
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this article is greater or less than is reasonable and safe under 
the conditions found to exist upon a highway or part of a highway, 
the local authority may determine and declare a reasonable and safe 
maximum limit thereon which: 
1.  Decreases the limit at intersectio ns; or 
2.  Increases the limit within an urban district, but not to 
more than sixty-five (65) miles per hour; o r 
3.  Decreases the limit outside an urban district, but not to 
less than thirty (30) miles per hour. 
B.  Local authorities in their respective j urisdictions shall 
determine by an engineering and traffic investigation the proper 
maximum speed for all arter ial streets and shall declare a 
reasonable and safe maximum limit thereon which may be greater or 
less than the maximum speed permitted under Sec tion 1-101 et seq. of 
this title for an urban district. 
C.  Any altered limit established as hereinabove author ized 
shall be effective at all times or during hours of darkness or at 
other times as may be determined when appropriate signs giving 
notice thereof are erected upon such street or highway. 
D.  As to streets and highways within the corporate limits which 
have been constructed or reconstructed with state or federal funds 
are maintained by the Oklahoma Department of Transportation , local 
authorities shall have j oint authority with the Transportation 
Commission to establish or alter speed limits; provided, how ever,   
 
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the speed limit on an interstate highway within such corporate 
limits shall not be decreased to less than sixty (60) miles per 
hour; and provided furth er, that no local authority shall impose 
speed limits on any such street or highway substantially l ower than 
those justified by the highway design, capacity, and traffic volume 
as determined by engineering studies. 
E.  Not more than six such alterations as hereinabove authorized 
shall be made per mile along a street or highway except in the case 
of reduced limits at intersections, and the difference between 
adjacent limits shall not be more than ten (10) miles per hour. 
SECTION 6.     AMENDATORY     69 O.S. 2021, Section 241, is 
amended to read as follows: 
Section 241. The portion of the roadway contiguous with the 
traveled way for accommodation of stopped vehicles, for emergency 
use, for travel under certain conditions, and for lateral support of 
base and surface courses. 
SECTION 7.    AMENDATORY     69 O.S. 2021, Section 242, is 
amended to read as follows: 
Section 242. The system of state roads designated by the State 
Highway Transportation Commission, including necess ary urban 
extension, the responsibility for which is lodged in the Oklahoma 
Department of Highways Transportation. 
SECTION 8.   AMENDATORY     69 O.S. 2021, Section 301, is 
amended to read as follows:   
 
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Section 301. (a) There is hereby c reated a an Oklahoma 
Department of Highways Transportation and a State Highway 
Transportation Commission in and for the State of Oklahoma, pursuant 
to the provisions of Section 1, of Article 16, XVI of the 
Constitution of the State of Okl ahoma, and such depar tment shall be 
governed by the State Highway Director of the Oklahoma Department of 
Transportation, provided for by Section 305 of this Code, under such 
reasonable rules, regulations and policies and road improvement 
programs as may be prescribed by the Co mmission.  Such rules and 
regulations and amendments thereto as adopted by the Commission 
shall be filed and recorded in the office of the Secretary of State. 
(b) The Department and the Commission created by the preceding 
paragraph and the State Highway Director of the Oklahoma Department 
of Transportation provided for by Section 305 of this Code shall be 
the legal successors of, and unless and except as otherwise provided 
by this Code shall also hav e the powers and duties vested by oth er 
laws in, and shall take immediate charge of all equipment, supplies 
and property now in the possession of, the Department, Co mmission 
and Director, respectively, created and provided for by 69 O.S. 
1961, Sections 20.1 and 20.6, as amended, and shall be liable for 
their respective obligations. 
SECTION 9.  This act shall become effective November 1, 2023. 
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY 
April 13, 2023 - DO PASS