HB 70 - Uniform rules of the road; pedestrian right-of-way
Georgia House of Representatives - 1995/1996 Sessions
HB 70 - Uniform rules of the road; pedestrian right-of-way
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
1. Hegstrom 66th 2. Mobley 69th
House Comm: MotV / Senate Comm: Trans /
House Vote: Yeas 156 Nays 6 Senate Vote: Yeas 43 Nays 0
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House Action Senate
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1/9/95 Read 1st Time 2/7/95
1/10/95 Read 2nd Time 3/13/95
2/1/95 Favorably Reported 3/13/95
Committee Amend/Sub Am
2/6/95 Read 3rd Time 3/15/95
2/6/95 Passed/Adopted 3/15/95
Comm/Floor Amend/Sub CAFA
3/15* Amend/Sub Agreed To 3/17*
4/5/95 Sent to Governor
4/7/95 Signed by Governor
229 Act/Veto Number
7/1/95 Effective Date
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Rules Suspended to Introduce
House Agrees to Senate Amendment #1; House Agrees to Senate Amendment #2
as Amended by House
Senate Agrees to House Amendment to Senate Amendment
Code Sections amended: 40 5-151, 40-6-21, 40-6-22
HB 70 HB 70/AP
H. B. No. 70 (AS PASSED HOUSE AND SENATE)
By: Representatives Hegstrom of the 66th and Mobley of the
69th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 6 of Title 40 of the Official Code of
1- 2 Georgia Annotated, relating to the uniform rules of the
1- 3 road, so as to require the driver of a vehicle to stop and
1- 4 remain stopped to allow a pedestrian to cross the roadway
1- 5 within a crosswalk when the pedestrian is upon the half of
1- 6 the roadway upon which the vehicle is traveling, or when the
1- 7 pedestrian is approaching and is within one lane of the half
1- 8 of the roadway on which the vehicle is traveling or onto
1- 9 which it is turning; to define a certain term; to change the
1-10 provisions relating to the meaning of traffic signals; to
1-11 amend Article 7 of Chapter 5 of Title 40 of the Official
1-12 Code of Georgia Annotated, known as the "Uniform Commercial
1-13 Driver's License Act," so as to change the provisions
1-14 relating to disqualification from driving a commercial motor
1-15 vehicle; to provide for disqualification from driving a
1-16 commercial motor vehicle based on violations of
1-17 out-of-service orders; to provide for enforcement; to
1-18 require vehicular traffic to stop and remain stopped for
1-19 pedestrians under certain circumstances at the time certain
1-20 traffic signals are exhibited; to change the provisions
1-21 relating to pedestrian-control signals; to change the
1-22 provisions relating to the right of way in crosswalks; to
1-23 provide for related matters; to repeal conflicting laws; and
1-24 for other purposes.
1-25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION .5.
1-26 Article 7 of Chapter 5 of Title 40 of the Official Code of
1-27 Georgia Annotated, known as the "Uniform Commercial Driver's
1-28 License Act," is amended by redesignating subsection (g) of
1-29 Code Section 40-5-151, relating to disqualification from
1-30 driving a commercial motor vehicle, as subsection (h) and
1-31 adding a new subsection (g) to read as follows:
1-32 "(g)(1) Any person is disqualified from driving a
1-33 commercial motor vehicle based on the following
1-34 violations of out-of-service orders:
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HB 70/AP
2- 1 (A) First violation -- a driver who is convicted of a
2- 2 first violation of an out-of-service order is
2- 3 disqualified for a period of not less than 90 days and
2- 4 not more than one year;
2- 5 (B) Second violation -- a driver who is convicted of
2- 6 two violations of out-of-service orders in separate
2- 7 incidents is disqualified for a period of not less
2- 8 than one year and not more than five years; and
2- 9 (C) Third or subsequent violation -- a driver who is
2-10 convicted of three or more violations of
2-11 out-of-service orders in separate incidents is
2-12 disqualified for a period of not less than three years
2-13 and not more than five years.
2-14 (2) Whenever the operator of a commercial motor vehicle
2-15 is issued an out-of-service order, a copy of such order
2-16 shall be issued to the operator of the commercial motor
2-17 vehicle, the operator of the commercial motor vehicle's
2-18 employer, and a copy or notice of such out-of-service
2-19 order shall be provided to the department. The form of
2-20 such out-of-service order, the procedures for notifying
2-21 the department upon the issuance of such an order, and
2-22 other matters relative to the issuance of out-of-service
2-23 orders and violations thereof shall be provided in rules
2-24 and regulations promulgated by the commissioner or
2-25 board."
SECTION 1.
2-26 Chapter 6 of Title 40 of the Official Code of Georgia
2-27 Annotated, relating to the uniform rules of the road, is
2-28 amended by striking in its entirety subsection (a) of Code
2-29 Section 40-6-21, relating to the meaning of traffic signals,
2-30 and inserting in lieu thereof a new subsection (a) to read
2-31 as follows:
2-32 "(a) The following meanings shall be given to highway
2-33 traffic signal indications, except those on pedestrian
2-34 signals:
2-35 (1) Green indications shall have the following meanings:
2-36 (A) Traffic, except pedestrians, facing a CIRCULAR
2-37 GREEN may proceed straight through or turn right or
2-38 left unless a sign at such place prohibits either such
2-39 turn. Vehicular traffic, including vehicles turning
2-40 right or left, turning shall yield the right of way to
2-41 other approaching vehicles. Vehicular traffic must
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HB 70/AP
3- 1 stop and remain stopped and to pedestrians lawfully
3- 2 within the intersection or an adjacent crosswalk at
3- 3 the time such signal is exhibited to allow a
3- 4 pedestrian to cross the roadway within a crosswalk
3- 5 when the pedestrian lawfully within the intersection
3- 6 or an adjacent crosswalk at the time such signal is
3- 7 exhibited is upon the half of the roadway upon which
3- 8 the vehicle is traveling, or when the pedestrian is
3- 9 approaching and is within one lane of the half of the
3-10 roadway on which the vehicle is traveling or onto
3-11 which it is turning. For the purposes of this
3-12 subparagraph, 'half of the roadway' means all traffic
3-13 lanes carrying traffic in one direction of travel;
3-14 (B) Traffic, except pedestrians, facing a GREEN ARROW,
3-15 shown alone or in combination with another indication,
3-16 may cautiously enter the intersection only to make the
3-17 movement indicated by such arrow or such other
3-18 movement as is permitted by other indications shown at
3-19 the same time. Such vehicular traffic shall yield the
3-20 right of way to pedestrians lawfully within an
3-21 adjacent crosswalk and stop and remain stopped to
3-22 allow a pedestrian lawfully within an adjacent
3-23 crosswalk to cross the roadway within a crosswalk when
3-24 the pedestrian is upon the half of the roadway upon
3-25 which the vehicle is traveling, or when the pedestrian
3-26 is approaching and is within one lane of the half of
3-27 the roadway on which the vehicle is traveling or onto
3-28 which it is turning. For the purposes of this
3-29 subparagraph, 'half of the roadway' means all traffic
3-30 lanes carrying traffic in one direction of travel.
3-31 Vehicular traffic shall yield the right of way to
3-32 other traffic lawfully using the intersection; and
3-33 (C) Unless otherwise directed by a pedestrian signal,
3-34 pedestrians facing any green indication, except when
3-35 the sole green indication is a turn arrow, may proceed
3-36 across the roadway within any marked or unmarked
3-37 crosswalk;
3-38 (2) Steady yellow indications shall have the following
3-39 meanings:
3-40 (A) Traffic, except pedestrians, facing a steady
3-41 CIRCULAR YELLOW or YELLOW ARROW signal is thereby
3-42 warned that the related green movement is being
3-43 terminated or that a red indication will be exhibited
H. B. No. 70
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HB 70/AP
4- 1 immediately thereafter when vehicular traffic shall
4- 2 not enter the intersection; and
4- 3 (B) Pedestrians facing a steady CIRCULAR YELLOW or
4- 4 YELLOW ARROW signal, unless otherwise directed by a
4- 5 pedestrian signal, are thereby advised that there is
4- 6 insufficient time to cross the roadway before a red
4- 7 indication is shown, and no pedestrian shall then
4- 8 start to cross the roadway; and
4- 9 (3) Steady red indications shall have the following
4-10 meanings:
4-11 (A) Traffic, except pedestrians, facing a steady
4-12 CIRCULAR RED signal alone shall stop at a clearly
4-13 marked stop line or, if there is no stop line, before
4-14 entering the crosswalk on the near side of the
4-15 intersection or, if there is no crosswalk, before
4-16 entering the intersection, and shall remain standing
4-17 until an indication to proceed is shown, except as
4-18 provided in subparagraphs (B), (C), and (D) of this
4-19 paragraph;
4-20 (B) Vehicular When a sign is in place permitting a
4-21 turn, traffic, except pedestrians, facing a steady
4-22 CIRCULAR RED signal may cautiously enter the
4-23 intersection to make the a right turn indicated by
4-24 such sign after stopping as provided in subparagraph
4-25 (A) of this paragraph. Such vehicular traffic shall
4-26 yield the right of way to pedestrians lawfully within
4-27 an adjacent crosswalk and stop and remain stopped to
4-28 allow a pedestrian to cross the roadway within a
4-29 crosswalk when the pedestrian is upon the half of the
4-30 roadway upon which the vehicle is traveling, or when
4-31 the pedestrian is approaching and is within one lane
4-32 of the half of the roadway on which the vehicle is
4-33 traveling or onto which it is turning. For the
4-34 purposes of this subparagraph, 'half of the roadway'
4-35 means all traffic lanes carrying traffic in one
4-36 direction of travel. Vehicular traffic shall yield
4-37 the right of way to other traffic lawfully using the
4-38 intersection;
4-39 (C) Traffic, except pedestrians, facing a steady
4-40 CIRCULAR RED signal, after stopping as provided in
4-41 subparagraph (A) of this paragraph, may make a right
4-42 turn but shall stop and remain stopped for pedestrians
4-43 and yield the right of way to pedestrians and other
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HB 70/AP
5- 1 traffic proceeding as directed by the signal at such
5- 2 intersection. Such vehicular traffic shall not make a
5- 3 right turn against a steady CIRCULAR RED signal at any
5- 4 intersection where a sign is erected prohibiting such
5- 5 right turn;
5- 6 (D) Traffic, except pedestrians, facing a steady
5- 7 CIRCULAR RED signal, after stopping as provided in
5- 8 subparagraph (A) of this paragraph, may make a left
5- 9 turn from the left-hand lane of a one-way street onto
5-10 a one-way street on which the traffic moves toward the
5-11 driver's left but shall stop and remain stopped for
5-12 pedestrians and yield the right of way to pedestrians
5-13 and other traffic proceeding as directed by the signal
5-14 at such intersection. Such vehicular traffic shall not
5-15 make a left turn against a steady CIRCULAR RED signal
5-16 at any intersection where a sign is erected
5-17 prohibiting such left turn;
5-18 (E) Unless otherwise directed by a pedestrian signal,
5-19 pedestrians facing a steady CIRCULAR RED signal alone
5-20 shall not enter the roadway;
5-21 (F) Traffic, except pedestrians, facing a steady RED
5-22 ARROW indication may not enter the intersection to
5-23 make the movement indicated by such arrow and, unless
5-24 entering the intersection to make such other movement
5-25 as is permitted by other indications shown at the same
5-26 time, shall stop at a clearly marked stop line or, if
5-27 there is no stop line, before entering the crosswalk
5-28 on the near side of the intersection or, if there is
5-29 no crosswalk, before entering the intersection, and
5-30 shall remain standing until an indication to make the
5-31 movement indicated by such arrow is shown; and
5-32 (G) Unless otherwise directed by a pedestrian signal,
5-33 pedestrians facing a steady RED ARROW signal
5-34 indication shall not enter the roadway."
SECTION 2.
5-35 Said chapter is further amended by striking in its entirety
5-36 paragraph (1) of Code Section 40-6-22, relating to
5-37 pedestrian-control signals, and inserting in lieu thereof a
5-38 new paragraph (1) to read as follows:
5-39 "(1) Word or symbol message Flashing or steady WALK --
5-40 Pedestrians facing such signal may proceed across the
5-41 roadway in the direction of the signal. Every driver of
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HB 70/AP
6- 1 a vehicle shall yield the right of way to stop and
6- 2 remain stopped for such pedestrians; and".
SECTION 3.
6- 3 Said chapter is further amended by striking in its entirety
6- 4 subsection (a) of Code Section 40-6-91, relating to the
6- 5 right of way in crosswalks, which reads as follows:
6- 6 "(a) When traffic-control signals are not in place or not
6- 7 in operation, the driver of a vehicle shall yield the
6- 8 right of way, slowing down or stopping if need be so to
6- 9 yield, to a pedestrian crossing the roadway within a
6-10 crosswalk when the pedestrian is upon the half of the
6-11 roadway upon which the vehicle is traveling, or when the
6-12 pedestrian is approaching so closely from the opposite
6-13 half of the roadway as to be in danger.",
6-14 and inserting in lieu thereof a new subsection (a) to read
6-15 as follows:
6-16 "(a) The driver of a vehicle shall stop and remain stopped
6-17 to allow a pedestrian to cross the roadway within a
6-18 crosswalk when the pedestrian is upon the half of the
6-19 roadway upon which the vehicle is traveling, or when the
6-20 pedestrian is approaching and is within one lane of the
6-21 half of the roadway on which the vehicle is traveling or
6-22 onto which it is turning. For the purposes of this
6-23 subsection, 'half of the roadway' means all traffic lanes
6-24 carrying traffic in one direction of travel."
SECTION 4.
6-25 All laws and parts of laws in conflict with this Act are
6-26 repealed.
H. B. No. 70
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97