STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1763	By:	Ballenger

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2001, Sections 11-201 and 11-202, which relate to traffic rules; providing definition of vehicle; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 11-201, is amended to read as follows:
Section 11-201.  (a)  The driver of any vehicle, as defined by Sections 1-107.1, 1-107.2, 1-107.3 and 1-107.4 of this title, shall obey the instructions of any official traffic‑control device applicable thereto placed in accordance with the provisions of this act, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this act.
(b)  No provision of this act for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
SECTION 2.     AMENDATORY     47 O.S. 2001, Section 11-202, is amended to read as follows:
Section 11-202.  Whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time, or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles, as defined by Sections 1-107.1, 1-107.2, 1-107.3 and 1-107.4 of this title, and pedestrians as follows:
1.  Green indication:
a.  Vehicular traffic facing a circular green signal, except when prohibited under Section 11‑1302 of this title, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn.  But vehicular traffic, including vehicles turning right or left, shall yield the right‑of‑way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
b.  Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time.  Such vehicular traffic shall yield the right‑of‑way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
c.  Unless otherwise directed by a pedestrian‑control signal, as provided in Section 11‑203 of this title, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
2.  Steady yellow indication:
a.  Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.
b.  Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in Section 11‑203 of this title, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.
3.  Steady red indication:
a.  Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in paragraph 3b of this section.
b.  Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right or to turn left from a one‑way street into a one‑way street after stopping as required by paragraph 3a of this section.  Such vehicular traffic shall yield the right‑of‑way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
c.  In order to prohibit right turns or left turns as prescribed in paragraph 3b of this section on the red signal after the required stop, a municipality must erect clear, concise signs informing drivers that such turns are prohibited.  The Highway Department shall specify the design of the sign to be used for this purpose, and it shall be used uniformly throughout the state.
d.  Unless otherwise directed by a pedestrian control signal as provided in Section 11‑203 of this title, pedestrians facing a steady circular red signal alone shall not enter the roadway.
In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.  Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-2-3019	MJM	1/11/2010 4:52:15 PM