Bill Text: GA HB1381 | 2009-2010 | Regular Session | Introduced
Bill Title: Motor vehicles and traffic; safer bicycle riding; provide definitions
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-03-16 - House Second Readers [HB1381 Detail]
Download: Georgia-2009-HB1381-Introduced.html
10 LC 29
4227
House
Bill 1381
By:
Representatives Benfield of the
85th,
Butler of the
18th,
Talton of the
145th,
Henson of the
87th,
Johnson of the
37th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to provide for safer bicycle riding for bicyclists
and the motoring public; to provide for definitions; to change provisions
relating to parking a motor vehicle; to change provisions relating to traffic
laws being applicable to bicycles; to change provisions relating to the
transporting of children under the age of one year on a bicycle; to change
provisions relating to riding on roadways and bicycle paths; to change
provisions relating to equipment on bicycles; to legalize the use of recumbent
bicycles; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising Code Section 40-1-1, relating to definitions, by
revising paragraphs (6.1) and (6.2) and adding a new paragraph to read as
follows:
"(6.1)
'Bicycle lane'
means a portion of the roadway that has been designated by striping, pavement
markings, or signage for the exclusive or preferential use of persons operating
bicycles. Bicycle lanes shall at a minimum be required to meet accepted
guidelines, recommendations, and criteria with respect to planning, design,
operation, and maintenance as set forth by the American Association of State
Highway and Transportation Officials.
(6.2)
'Bicycle path' means a right of way under the jurisdiction and control of this
state or a local political subdivision thereof designated for use by bicycle
riders.
(6.2)(6.3)
'Bicycle trailer' means every device pulled by a bicycle and designed by the
manufacturer of such device to carry human passengers."
SECTION
2.
Said
title is further amended in Article 3 of Chapter 6, relating to driving on the
right side of the roadway, overtaking and passing, and following too closely, by
adding a new Code section to read as follows:
"40-6-55.
Notwithstanding
other provisions of this chapter relating to operating a vehicle on a roadway,
where a bicycle lane is provided on the roadway, the operator of a motor vehicle
shall yield to a person operating a bicycle in a bicycle lane and shall not
block or impede the bicycle lane from bicycle
traffic."
SECTION
3.
Said
title is further amended by revising paragraph (1) of subsection (a) of Code
Section 40-6-203, relating to stopping, standing, or parking prohibited in
specified places, as follows:
"(1)
Stop, stand, or park a vehicle:
(A)
On the roadway side of any vehicle stopped or parked at the edge of a curb of a
street;
(B)
On a sidewalk;
(C)
Within an intersection;
(D)
On a crosswalk;
(E)
Between a safety zone and the adjacent curb or within 30 feet of points on the
curb immediately opposite the ends of a safety zone, unless a different length
is indicated by signs or markings;
(F)
Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic;
(G)
Upon any bridge or other elevated structure upon a highway or within a highway
tunnel;
(H)
On any railroad tracks;
(I)
On any controlled-access highway;
(J)
In the area between roadways of a divided highway, including crossovers;
or
(K)
At any place where official signs prohibit
stopping;
or
(L)
On or in a bicycle
lane;"
SECTION
4.
Said
title is further amended by revising Part 1 of Article 13 of Chapter 6, relating
to bicycles and play vehicles, as follows:
"40-6-290.
The
provisions of this part applicable to bicycles shall apply whenever a bicycle is
operated upon a
highway, upon
a bicycle lane, or upon any
bicycle
path set aside for the exclusive use of bicycles, subject to those exceptions
stated in this part.
40-6-291.
(a)
The provisions of this chapter that apply to vehicles, but not exclusively to
motor vehicles, shall apply to bicycles, except
as provided in
this Code section and except that the
penalties prescribed in subsection (b) of Code Section 40-6-390, subsection (c)
of Code Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall not
apply to persons riding bicycles.
(b)
Notwithstanding the provisions of Code Section 40-6-50, any person operating a
bicycle may ride upon a paved shoulder; provided, however, that such person
shall not be required to ride upon a paved shoulder.
(c)
Any person operating a bicycle may signal a right turn with his or her right arm
and hand extended horizontally or with his or her left hand and arm extended
upward. Such person shall not be required to signal continuously if the
operator's hand is needed to control the bicycle.
40-6-292.
(a)
A person propelling a bicycle shall not ride other than upon or astride a
permanent and regular seat attached thereto and shall allow no person to ride
upon the handlebars.
(b)
No bicycle shall be used to carry more persons at one time than the number for
which it is designed and equipped.
(c)
No person shall transport a child under the age of one year as a passenger on a
bicycle on a highway, roadway, bicycle path,
bicycle
lane, or
sidewalk;
provided, however, that a child under the age of one year may be transported on
a bicycle trailer or in an infant sling so long as such child is seated in the
bicycle trailer or carried in an infant sling according to the bicycle
trailer's or infant sling's manufacturer's instructions, and the bicycle trailer
is properly affixed to the bicycle according to the bicycle trailer's
manufacturer's instructions or the infant sling is properly worn by the rider of
the bicycle according to the infant sling's manufacturer's instructions and such
child transported in a bicycle trailer or infant sling is wearing a bicycle
helmet as required under paragraph (1) of subsection (e) of Code Section
40-6-296.
(d)
No child between the ages of one year and four years shall ride as a passenger
on a bicycle or bicycle trailer or be transported in an infant sling unless the
child is securely seated in a child passenger bicycle seat, bicycle trailer, or
infant sling according to the child passenger bicycle seat's, bicycle trailer's,
or infant sling's manufacturer's instructions and the child passenger seat or
bicycle trailer is properly affixed to the bicycle according to the child
passenger bicycle seat's or bicycle trailer's manufacturer's instructions or the
infant sling is worn according to the infant sling's manufacturer's
instructions.
(e)
Violation of subsections (c) and (d) of this Code section shall not constitute
negligence per se nor contributory negligence per se or be considered evidence
of negligence or liability.
(f)
No person under the age of 16 years failing to comply with subsections (c) and
(d) of this Code section
may
shall
be fined or imprisoned.
40-6-293.
No
person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle
shall attach the same or himself
or
herself to any vehicle upon a
roadway.
40-6-294.
(a)
As used in
this Code section, the term 'hazards to safe cycling' includes, but shall not be
limited to, surface debris, rough pavement, drain grates which are parallel to
the side of the roadway, parked or stopped vehicles, potentially opening car
doors, or any other objects which threaten the safety of a person operating a
bicycle.
(b)
Every person operating a bicycle upon a roadway shall ride as near to the right
side of the roadway as practicable, except when
turning:
(1)
Turning left
or
avoiding;
(2)
Avoiding hazards to safe
cycling,
when
the;
(3)
The lane is too narrow to share safely
with a motor
vehicle,
when
traveling;
(4)
Traveling at the same speed as
traffic, or
while
exercising;
(5)
Exercising due care when passing a
standing vehicle or one proceeding in the same direction;
or
(6)
There is a right turn only lane and the person operating the bicycle is not
turning right;
provided,
however, that every person operating a bicycle away from the right side of the
roadway shall exercise reasonable care and shall give due consideration to the
other applicable rules of the road.
As used in
this subsection, the term 'hazards to safe cycling' includes, but is not limited
to, surface debris, rough pavement, drain grates which are parallel to the side
of the roadway, parked or stopped vehicles, potentially opening car doors, or
any other objects which threaten the safety of a person operating a
bicycle.
(b)(c)
Persons riding bicycles upon a roadway shall not ride more than two abreast
except on
bicycle
paths, bicycle
lanes,
or
parts of roadways set aside for the exclusive use of
bicycles, or
when a special event permit issued by a local governing authority permits riding
more than two abreast.
(c)(d)
Whenever a usable
bicycle
path has been provided adjacent to a roadway and designated for the exclusive
use of bicycle riders, then the appropriate governing authority may require that
bicycle riders use such
bicycle
path and not use those sections of the roadway so specified by such local
governing authority. The governing authority may be petitioned to remove
restrictions upon demonstration that the
bicycle
path has become inadequate due to capacity, maintenance, or other
causes.
(d)(e)
Bicycle paths
Paths
subject to the provisions of subsection
(c)
(d)
of this Code section shall at a minimum be required to meet accepted guidelines,
recommendations, and criteria with respect to planning, design, operation, and
maintenance as set forth by the American Association of State Highway and
Transportation Officials, and such
bicycle
paths shall provide accessibility to destinations equivalent to the use of the
roadway.
(f)
Any person operating a bicycle in a bicycle lane shall ride in the same
direction as traffic on the roadway.
(e)(g)
Electric assisted bicycles
as defined
in Code Section 40-1-1 may be operated on
bicycle paths.
40-6-295.
No
person operating a bicycle shall carry any package, bundle, or other article
which prevents him
or
her from keeping at least one hand upon
the handlebars.
40-6-296.
(a)
Every bicycle when in use at nighttime shall be equipped with a light on the
front which shall emit a white light visible from a distance of 300 feet to the
front and with
a light on the
back which shall emit a red
reflector
on the rear of a type approved by the Department of Public Safety which shall
be
light
visible from a distance of 300 feet to the rear
when
directly in front of lawful upper beams of headlights on a motor vehicle. A
light emitting a red light visible from a distance of 300 feet to the rear may
be used in addition to the red
reflector.
(b)
Every bicycle sold or operated shall be equipped with a brake which will enable
the operator to make the braked wheels skid on dry, level pavement.
(c)
No bicycle shall be equipped or operated while equipped with a set of handlebars
so raised that the operator must elevate his
or
her hands above
his
the
operator's shoulders in order to grasp the
normal steering grip area.
(d)
No bicycle
shall be equipped, modified, or altered in such a way as to cause the pedal in
its lowermost position to be more than 12 inches above the ground, nor shall any
bicycle be operated if so equipped.
(e)(1)
No person under the age of 16 years shall operate or be a passenger on a bicycle
on a highway, bicycle path,
bicycle
lane, or sidewalk under the jurisdiction
or control of this state or any local political subdivision thereof without
wearing a bicycle helmet.
(2)
For the purposes of this subsection, the term 'bicycle helmet' means a piece of
protective headgear which meets or exceeds the impact standards for bicycle
helmets set by the American National Standards Institute (ANSI) or the Snell
Memorial Foundation.
(3)
For the purposes of this subsection, a person shall be deemed to wear a
bicycle
helmet only if a
bicycle
helmet of good fit is fastened securely upon
the
such
person's head with the straps of
the
such
bicycle helmet.
(4)
No bicycle without an accompanying protective bicycle helmet shall be rented or
leased to or for the use of any person under the age of 16 years unless that
person is in possession of a bicycle helmet at the time of the rental or
lease.
(5)
Violation of any provision of this subsection shall not constitute negligence
per se nor contributory negligence per se or be considered evidence of
negligence or liability.
(6)
No person under the age of 16 failing to comply with any provision of this
subsection
may
shall
be fined or imprisoned.
40-6-297.
(a)
It shall be unlawful for any person to sell a new bicycle or a pedal for use on
a bicycle unless the pedals on such bicycle or such pedals are equipped with
reflectors of a type approved by the Department of Public Safety. The reflector
on each pedal shall be so designed and situated as to be visible from the front
and rear of the bicycle during darkness from a distance of 200 feet. The
commissioner of public safety is authorized to promulgate rules and regulations
and establish standards for such reflectors.
(b)
This Code section shall not apply to any bicycle purchased prior to July 1,
1972, by a retailer for the purpose of resale.
40-6-298.
(a)
It
is
shall
be a misdemeanor for any person to do any
act forbidden or fail to perform any act required in this part.
(b)
The parent of any child and the guardian of any ward shall not authorize or
knowingly permit such child or ward to violate any of the provisions of this
part.
40-6-299.
40-6-298.
The
Board of Public Safety is authorized to promulgate rules and regulations to
carry this part into effect and is authorized to establish regulations for any
additional safety equipment or standards it shall require for
bicycles."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.