2006 Legislation
Print Friendly

SENATE BILL NO. 1367 – Motorcycle, proceed thru red light

SENATE BILL NO. 1367

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1367.....................................................by TRANSPORTATION
MOTORCYCLES - TRAFFIC SIGNALS - Amends existing law relating to motor
vehicle traffic-control signals legend to provide a condition under which
the driver of a motorcycle may proceed through a steady red traffic-control
signal after coming to a full and complete stop at the intersection; and to
specify when such action is not a defense to a violation of the law.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Transp
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 28-2-5
      AYES -- Andreason, Broadsword, Burtenshaw, Cameron, Coiner, Compton,
      Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill,
      Jorgenson, Kelly, Langhorst, Little, Lodge, Marley, McGee, McKenzie,
      Pearce, Richardson, Schroeder, Sweet, Werk, Williams
      NAYS -- Keough, Stegner
      Absent and excused -- Brandt, Bunderson, Burkett, Malepeai, Stennett
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/07    House intro - 1st rdg - to Transp
03/27    Rpt out - rec d/p - to 2nd rdg
03/28    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 66-1-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Garrett, Hart, Harwood, Henbest, Jaquet, Kemp,
      Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Bolz
      Absent and excused -- Field(23), Henderson, Mr. Speaker
    Floor Sponsor - Hart
    Title apvd - to Senate
03/30    To enrol
03/31    Rpt enrol - Pres signed
04/03    Sp signed - To Governor
04/07    Governor signed
         Session Law Chapter 381
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1367
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TRAFFIC-CONTROL SIGNAL  LEGEND;  AMENDING  SECTION  49-802,  IDAHO
  3        CODE,  TO  PROVIDE  A CONDITION UNDER WHICH THE DRIVER OF A MOTORCYCLE MAY
  4        PROCEED THROUGH A STEADY RED TRAFFIC-CONTROL SIGNAL AFTER COMING TO A FULL
  5        AND COMPLETE STOP AT THE INTERSECTION, TO SPECIFY WHEN SUCH ACTION IS  NOT
  6        A DEFENSE TO A VIOLATION OF THE LAW 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. Whenever traffic is controlled  by
 11    traffic-control  signals  exhibiting  different  colored  lights,  or  colored
 12    lighted  arrows,  successively  one  (1) at a time or in combination, only the
 13    colors green, red and yellow shall be used, except for pedestrian-control sig-
 14    nals and the lights shall indicate and apply to drivers of vehicles and pedes-
 15    trians 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 directed by a pedestrian-control signal, as
 30        provided in section 49-803, Idaho Code, may  proceed  across  the  highway
 31        within  any marked or unmarked crosswalk, but shall yield the right-of-way
 32        to vehicles lawfully within the intersection at the time  that  signal  is
 33        first shown.
 34        (d)  A  pedestrian  facing  a  green  arrow  turn signal, unless otherwise
 35        directed by a pedestrian-control signal, as provided  in  section  49-803,
 36        Idaho Code, shall not enter the highway.
 37        (2)  Steady yellow indication:
 38        (a)  A  driver  facing  a steady circular yellow or yellow arrow signal is
 39        being warned that the related green movement is  ending,  or  that  a  red
 40        indication will be shown immediately after it.
 41        (b)  A  pedestrian facing a steady circular yellow or yellow arrow signal,
 42        unless otherwise directed by a pedestrian-control signal, as  provided  in
 43        section  49-803,  Idaho  Code,  is being warned that there is insufficient
                                                                        
                                           2
                                                                        
  1        time to cross the highway.
  2        (3)  Steady red indication:
  3        (a)  A driver facing a steady circular red signal alone shall stop  before
  4        entering  the  intersection, as defined in section 49-110, Idaho Code, and
  5        shall remain stopped until an indication to proceed  is  shown  except  as
  6        provided  in paragraph (b) of this subsection. While stopped at the inter-
  7        section, the driver shall remain stopped behind the marked limit line,  as
  8        defined  in  section  49-113,  Idaho  Code, or if there is no marked limit
  9        line, shall not block the crosswalk.
 10        (b)  Except when a sign is in place prohibiting a  turn,  a  driver  after
 11        stopping,  facing  a  steady  circular red signal, may turn right, or turn
 12        left from a highway onto a one-way highway after stopping. Vehicular traf-
 13        fic shall yield the right-of-way to pedestrians lawfully within  an  adja-
 14        cent crosswalk and to other traffic lawfully using the intersection.
 15        (c)  A  driver  facing  a  steady red arrow indication shall not enter the
 16        intersection to make the movement  indicated  by  the  arrow  and,  unless
 17        entering  the intersection to make a movement permitted by another signal,
 18        shall stop at a clearly marked limit line, but if  none,  before  entering
 19        the  crosswalk  on  the  near  side  of the intersection, or if none, then
 20        before entering the intersection and shall remain stopped until an indica-
 21        tion permitting movement is shown.
 22        (d)  Unless otherwise directed by a pedestrian-control  signal,  a  pedes-
 23        trian facing a steady circular red or red arrow signal shall not enter the
 24        traffic lanes of a highway.
 25        (e)  Notwithstanding any provision of law to the contrary, the driver of a
 26        motorcycle  approaching  an intersection that is controlled by a triggered
 27        traffic-control signal using a vehicle detection device that  is  inopera-
 28        tive  due to the size of the motorcycle, shall come to a full and complete
 29        stop at the intersection. If the signal fails to operate after  one  cycle
 30        of the traffic signal, the driver may proceed after exercising due caution
 31        and  care.  It  is  not  a defense to a violation of section 49-801, Idaho
 32        Code, that the driver of a motorcycle proceeded under the  belief  that  a
 33        traffic-control  signal used a vehicle detection device or was inoperative
 34        due to the size of the motorcycle when such signal did not use  a  vehicle
 35        detection  device  or that any such device was not in fact inoperative due
 36        to the size of the motorcycle.
 37        (4)  When an official traffic-control signal is erected and maintained  at
 38    a  place  other  than an intersection, the provisions of this section shall be
 39    applicable except as to those provisions which by their  nature  can  have  no
 40    application.   Any stop required shall be made at a sign or crosswalk or limit
 41    line indicating where the stop shall be made, but in the absence of a sign  or
 42    marking, the stop shall be made at the signal.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15825

Relating to traffic-control signal legend; amending Section 49-
802, Idaho Code, to provide a condition under which the driver of
a motorcycle may proceed through a steady red traffic-control
signal after coming to a full and complete stop at the
intersection, to specify when such action is not a defense to a
violation of the law and to make technical corrections.


                           FISCAL NOTE

                               None





Contact
Name:     Senator Mike Jorgenson 
Phone:    (208) 332-1346

          Senator R. Skip Brandt
          (208) 332-1326

          Representative Phil Hart
          (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1367   

REVISED       REVISED       REVISED       REVISED       REVISED