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H0159.........................................by TRANSPORTATION AND DEFENSE TRAFFIC SIGNALS - INOPERATIVE - Amends existing law to provide for movement of traffic at intersections with a stop sign or with an inoperative traffic control signal. 02/03 House intro - 1st rdg - to printing 02/04 Rpt prt - to Transp
H0159|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 159 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE TRAFFIC SIGNS, SIGNALS AND MARKINGS; AMENDING SEC- 3 TIONS 49-802 AND 49-804, IDAHO CODE, TO PROVIDE FOR MOVEMENT OF TRAFFIC 4 WHEN TRAFFIC-CONTROL SIGNALS ARE INOPERATIVE; AND AMENDING SECTION 49-807, 5 IDAHO CODE, TO CLARIFY MOVEMENT OF TRAFFIC AT INTERSECTIONS CONTROLLED BY 6 A STOP SIGN AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-802, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-802. TRAFFIC-CONTROL SIGNAL LEGEND -- INOPERATIVE SIGNAL . 11 Whenever traffic is controlled by traffic-control signals exhibiting different 12 colored lights, or colored lighted arrows, successively one (1) at a time or 13 in combination, only the colors green, red and yellow shall be used, except 14 for pedestrian-control signals and the lights shall indicate and apply to 15 drivers of vehicles and pedestrians as follows: 16 (1) Green indication: 17 (a) A driver facing a circular green signal shall proceed straight 18 through or turn right or left unless a sign prohibits a right or left 19 turn. Any driver, including one turning, shall yield the right-of-way to 20 other traffic and to pedestrians lawfully within the intersection, as 21 defined in section 49-110, Idaho Code, or an adjacent crosswalk. 22 (b) A driver facing a green arrow signal, shown alone or in combination 23 with another indication, shall enter the intersection only to make the 24 movement indicated by the green arrow, or other movement that is permitted 25 by other indications shown at the same time. A driver facing a left turn 26 green arrow shall yield the right-of-way to other traffic and to pedes- 27 trians lawfully within the intersection or an adjacent crosswalk. 28 (c) A pedestrian facing a circular green signal, unless prohibited by a 29 sign or otherwise direction by a pedestrian-control signal, as provided in 30 section 49-803, Idaho Code, may proceed across the highway within any 31 marked or unmarked crosswalk, but shall yield the right-of-way to vehicles 32 lawfully within the intersection at the time that signal is first shown. 33 (d) A pedestrian facing a green arrow turn signal unless otherwise 34 directed by a pedestrian-control signal as provided in section 49-803, 35 Idaho Code, shall not enter the highway. 36 (2) Steady yellow indication: 37 (a) A driver facing a steady circular yellow or yellow arrow signal is 38 being warned that the related green movement is ending, or that a red 39 indication will be shown immediately after it. 40 (b) A pedestrian facing a steady circular yellow or yellow arrow signal, 41 unless otherwise directed by a pedestrian-control signal as provided in 42 section 49-803, Idaho Code, is being warned that there is insufficient 43 time to cross the highway. 2 1 (3) Steady red indication: 2 (a) A driver facing a steady circular red signal alone shall stop before 3 entering the intersection, as defined in section 49-110, Idaho Code, and 4 shall remain stopped until an indication to proceed is shown except as 5 provided in paragraph (b) of this subsection. While stopped at the inter- 6 section the driver shall remain stopped behind the marked limit line, as 7 defined in section 49-113, Idaho Code, or if there is no marked limit 8 line, shall not block the crosswalk. 9 (b) Except when a sign is in place prohibiting a turn, a driver after 10 stopping, facing a steady circular red signal, may turn right, or turn 11 left from a highway onto a one-way highway after stopping. Vehicular traf- 12 fic shall yield the right-of-way to pedestrians lawfully within an adja- 13 cent crosswalk and to other traffic lawfully using the intersection. 14 (c) A driver facing a steady red arrow indication shall not enter the 15 intersection to make the movement indicated by the arrow and, unless 16 entering the intersection to make a movement permitted by another signal 17 shall stop at a clearly marked limit line, but if none, before entering 18 the crosswalk on the near side of the intersection, or if none, then 19 before entering the intersection and shall remain stopped until an indica- 20 tion permitting movement is shown. 21 (d) Unless otherwise directed by a pedestrian-control signal, a pedes- 22 trian facing a steady circular red or red arrow signal shall not enter the 23 traffic lanes of a highway. 24 (4) When an official traffic-control signal is erected and maintained at 25 a place other than an intersection, the provisions of this section shall be 26 applicable except as to those provisions which by their nature can have no 27 application. Any stop required shall be made at a sign or crosswalk or limit 28 line indicating where the stop shall be made, but in the absence of a sign or 29 marking the stop shall be made at the signal. 30 (5) When the traffic-control signal for any lane is inoperative and 31 no duplicate signal is operative, every driver shall stop, and then may pro- 32 ceed subject to the rules applicable after making a stop at a stop sign. 33 34 SECTION 2. That Section 49-804, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 49-804. FLASHING SIGNALS -- INOPERATIVE SIGNAL . (1) Whenever 37 an illuminated flashing red or yellow light is used in a traffic signal or 38 with a traffic sign, it shall require obedience by drivers as follows: 39 (a) Flashing red (stop signal).-- When a red lens is illuminated with 40 rapid intermittent flashes, a driver shall stop at a clearly marked limit 41 line, but if none before entering the crosswalk on the near side of the 42 intersection, or if none then at the point nearest the intersecting high- 43 way where the driver has a view of approaching traffic on the intersecting 44 highway before entering it, and the driver may proceed subject to the 45 rules applicable after making a stop at a stop sign. 46 (b) Flashing yellow (caution signal).-- When a yellow lens is illuminated 47 with rapid intermittent flashes, a driver may proceed through the inter- 48 section or past the signal only with caution. 49 (2) This section shall not apply at railroad grade crossings. Conduct of 50 drivers of vehicles approaching railroad grade crossings shall be governed by 51 the requirements set forth in section 49-648, Idaho Code. 52 (3) Whenever a flashing red or flashing yellow light is inoperative 53 and no duplicate sign exists or no duplicate signal is operative, every driver 3 1 shall stop, and then may proceed subject to the rules applicable after making 2 a stop at a stop sign. 3 SECTION 3. That Section 49-807, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 49-807. STOP SIGNS AND YIELD SIGNS. (1) Preferential right-of-way may be 6 indicated by stop signs or yield signs as authorized in section 49-212, Idaho 7 Code. 8 (2) Except when directed to proceed by a peace officer or traffic-control 9 signal, every driver of a vehicle approaching a stop sign shall stop: 10 (a)aA t a clearly marked stop line,11; or 12 (b)bB efore entering the crosswalk on the near 13 side of the intersection,; or 14 (c)aA t the point nearest the intersecting 15 highway where the driver has a view of approaching traffic on the inter- 16 secting highway before entering it. 17 After having stopped, the driver shall yield the right-of-way to any vehicle 18 in the intersection or approaching on another highway so closely as to consti- 19 tute an immediate hazard during the time when such driver is moving across or 20 within the intersection or junction of highways. 21 (3) When two (2) vehicles approach an intersection with a stop sign 22 from different directions and arrive at approximately the same time, both 23 vehicles shall come to a complete stop, and the driver of the vehicle on the 24 left shall yield the right-of-way to the vehicle on the right. 25 (4) When two (2) or more vehicles approach an intersection with a stop 26 sign from different directions at different times, the driver of the first 27 vehicle to reach the intersection, after stopping, shall have the right-of-way 28 to proceed and all other vehicles, after stopping, shall proceed in the order 29 in which they arrived at the intersection. 30 (5) The driver of a vehicle approaching a yield sign shall, in 31 obedience to such sign, slow down to a speed reasonable for existing condi- 32 tions and, if required for safety to stop, shall stop at a clearly marked stop 33 line, or before entering the crosswalk on the near side of the intersection, 34 or at the point nearest the intersecting highway where the driver has a view 35 of approaching traffic on the intersecting highway before entering it. After 36 slowing or stopping, the driver shall yield the right-of-way to any vehicle in 37 the intersection or approaching on another highway so closely as to constitute 38 an immediate hazard during the time the driver is moving across or within the 39 intersection or junction of highways. Provided, however, that if a driver is 40 involved in a collision with a vehicle in the intersection or junction of 41 highways, after driving past a yield sign without stopping, the collision 42 shall be deemed prima facie evidence of his failure to yield right-of-way.
STATEMENT OF PURPOSE
RS08603
Currently, the Idaho Code is silent regarding the required
actions of a driver confronted by an inoperative signal and
incomplete regarding vehicles stopped at an intersection with a
stop sign. The proposed legislation will amend Sections 49-802,
49-804, and 49-807, Idaho Code, to codify the requirements at
inoperative traffic-control signals, at inoperative flashing
signals, and for vehicles that have come to a stop at an
intersection with a stop sign.
This proposed legislation amends Section 49-802, Idaho Code, to
state that when a traffic control signal is inoperative and no
duplicate signal is operating, every driver shall stop and then
may proceed according to the rules applicable after stopping at
a stop sign. Section 49-804 will be amended to apply this same
language to inoperative flashing signals. Section 49-807 will
be amended to clarify which driver has the right-of-way after
stopping at an intersection with a stop sign.
Currently, a similar inoperative signal ordinance is in effect
within Ada County. The City of Boise passed ordinance 2864,
which requires all drivers to treat an inoperative signalized
intersection as a four-way-stop.
The proposed legislation would eliminate the current ambiguity
in Idaho Code regarding the required action of a driver in
these situations.
FISCAL IMPACT
There would be no fiscal impact on ITD or the public if this
proposal were adopted.
CONTACT
Name: Larry Van Over
Agency: Department of Transportation
Phone: 334-8558
Statement of Purpose/Fiscal Impact H 159