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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1587 By: Grego
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 11-1302, which relates to maintenance
or construction zones; disallowing the use of certain
traffic-control devices; requiring certain traffic-
control devices be powered-off; requiring use of
certain traffic-control devices; creating certain
exception; 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 -1302, is
amended to read as follows:
A. The Department of Transportation, Oklahoma Turnpike
Authority and any county or city in this state are hereby author ized
to close any highway or section thereof, within their respective
jurisdiction, to traffic while the highway is flooded or under
repair, maintenance or construction and, in exercising the
authority, shall erect or cause to be erected traffic -control
devices and barricades to warn and notify the public that the
highway has been closed to traffic.
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B. When any highway has been closed to traffic under the
provisions of subsection A of this section and traffic -control
devices or barricades have been erected , it shall be unlawful for
any person to drive any vehicle through, under, over, or around the
traffic-control devices or barricades, or otherwise to enter the
closed area. The provisions of this subsection shall not apply to
persons while engaged in the construction, maintenance and repair of
the highway or to persons entering therein for the protection of
lives or property; provided, that persons having their places of
residence or places of business within the closed area may travel,
when possible to do so, through the area at their own risk.
C. Whenever construction, repair and maintenance of any highway
is being performed under traffic, the Oklahoma Turnpike Authority,
Department of Transportation, county or city having jurisdiction
over the highway shall erect, or cause to be erected, traffic -
control devices to warn and gui de the public. Each person using the
highway shall obey all signs, signals, markings, flagmen or other
traffic-control devices which are placed to regulate, control, and
guide traffic through the construction or maintenance area. As used
in this subsection, "construction or maintenance area " means any
area upon or around any highway that is visibly marked as an area
where construction, repair, and maintenance is temporarily
occurring. The construction or maintenance area also includes the
lanes of highway leading up to the area upon which an activity
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described in this section is being performed, beginning at the point
where properly posted traffic -control devices start to warn and
guide the public into and through the construction or maintenance
including, but not limited to, instructions to merge from one lane
into another lane, to reduce speed, or to follow directions of
flagmen.
D. Barrel or center of intersection stop signs shall not be
used at intersections with powered-on lighted traffic-control
signals exhibiting different colored lights or col ored arrows.
Lighted traffic-control devices shall be powered-off when other
means of traffic-control signals are meant to supersede the lights.
Temporary or permanent stop signs that are clearly visible shall be
used at the stopping point for each lane of travel at such
intersections. Construction areas shall contain signs leading to
intersections that warn motorists that another means of traffic-
control device is in use that supersedes the lighted traffic-control
devices. The usage of temporary stop signs shall be regulated under
this subsection.
E. The "Merge Now" traffic-control device that is used to warn
and guide the public using the highway to merge shall be located in
advance of the highway construction or maintenance area in
accordance with the standards set forth in the most current edition
of the Federal Highway Administration 's Manual on Uniform Traffic
Control Devices. Whenever any traffic-control device requires
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traffic to merge due to the closure of a section or lane of highway,
the merge shall be completed:
1. As soon as practicable after passing the traffic -control
device; and
2. Without passing any other traffic proceeding in the same
direction.
E. F. No person shall remove, change, modify, deface or alter
any traffic-control device or barricade which has been erected on
any highway under the provisions of this section.
F. G. Nothing in this section shall relieve the state or any of
its subdivisions or their contract ors, agents, servants or employees
from liability for failure to perform any of the duties imposed
herein.
G. H. Except as provided in subsection H I of this section, any
person who violates any provisi on of this section shall, upon
conviction, be guilty of a misdemeanor punishable by a fine of not
less than One Hundred Dollars ($100.00) nor more than One Thousand
Dollars ($1,000.00) or imprisonment in the county jail not to exceed
thirty (30) days, or by both such fine and imprisonment, and shall
be liable for any damage to property, or injury to or death to
persons caused by the violations. In addition, the court may order
restitution in an amount equal to the actual costs of the emergency
response and repair or replacement of any damaged or lost emergency
equipment.
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H. I. When any section of a highway, turnpike, county road or
city street has been closed to traffic due to flooding that is
ongoing and traffic-control devices or barricades have been ere cted
by law enforcement or other government officials with autho rity over
traffic control, it shall be unlawful for any person to tear down,
damage or remove any traffic -control devices or barricades or drive
any vehicle through, under, over or around the traffic-control
devices or barricades, or otherwise to enter the closed area. Any
person who violates the provisions of this subsection shall, upon
conviction, be guilty of a misdemeanor punishable by a fine of not
less than One Hundred Dollars ($100.00) nor more than One Thousand
Dollars ($1,000.00). The person shal l be guilty of a misdemeanor
punishable by a fine of not less than One Hundred Dollars ($100.00)
nor more than Two Thousand Five Hundred Dollars ($2,500.00) and
imprisonment in the county jail for not more than one (1) year if
the operator of the motor veh icle was transporting a person eighteen
(18) years of age or younger at the time of the violation.
Persons convicted pursuant to the provisions of this subsection
shall be ordered to pay resti tution in an amount equal to the actual
costs of the emergency r esponse and repair or replacement of any
damaged or lost emergency equipment. In addition, the person shall
be liable for any damage to property or injury or death to persons
caused by the violation.
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SECTION 2. This act shall become effectiv e November 1, 2023.
59-1-5076 JBH 01/13/22