Georgia HB 461: Assistance; single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; provide

Bill Text

26 LC 39 4951S
The House Committee on Motor Vehicles offers the following substitute to HB 461:
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1
traffic, so as to revise and provide for definitions; to provide for the safe operation of a2
motorcycle or bicycle through certain inoperative traffic-control devices and signals; to3
require drivers of motor vehicles to stop at crosswalks with pedestrian activated rectangular4
rapid flash beacons; to make it unlawful to activate such devices when there is no intent to5
cross a roadway; to authorize the operation of motorcycles to overtake or pass stationary6
motor vehicles in the same lane as such motorcycle in certain instances; to provide for a7
conforming change; to provide for a short title; to provide for related matters; to repeal8
conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
This Act shall be known and may be cited as the "Motorcycle Mobility Safety Act."12
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SECTION 2.13
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is14
amended in Code Section 40-1-1, relating to definitions, by revising paragraph (50.01) as15
follows:16
"(50.01) 'Rectangular rapid flash beacon' means user activated devices which emit17
irregular flash patterns with amber light emitting diodes (LEDs) that supplement warning18
signals at unsignalized intersections or mid-block crosswalks. Such devices may be19
activated by pedestrians manually by a push button or passively by a pedestrian detection20
system. 'Recreational off-highway vehicle' means a motorized vehicle designed for21
off-road use which is equipped with four or more nonhighway tires and which is 6522
inches or less in width."23
SECTION 3.24
Said title is further amended in Code Section 40-6-20, relating to obedience to traffic-control25
devices required, presumptions, and red light cameras, by revising subsections (a) and (e) as26
follows:27
"(a) The driver of any vehicle shall obey the instructions of an official traffic-control28
device applicable thereto, placed in accordance with this chapter, unless otherwise directed29
by a police officer, subject to the exceptions granted the driver of an authorized emergency30
vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as31
otherwise provided by paragraph (2) of subsection (e) and subsection (f) of this Code32
section."33
"(e)(1) Except as provided for in paragraph (2) of this subsection, the The disregard or34
disobedience of the instructions of any official traffic-control device or signal placed in35
accordance with the provisions of this chapter by the driver of a vehicle shall be deemed36
prima-facie evidence of a violation of law, without requiring proof of who and by what37
authority such sign or device has been erected.38
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(2) If a driver has stopped pursuant to the instructions of a traffic-control device or signal39
at an intersection which utilizes recorded image or surveillance technology and has a40
reasonable belief that the traffic-control device or signal is inoperative due to the41
lightweight design of his or her motorcycle or bicycle, the driver may disregard or42
disobey the instructions of the traffic-control device or signal and proceed through the43
intersection, provided that:44
(A) There is no other motor vehicle within 500 feet approaching or entering the same45
intersection from a different highway, or from the same highway approaching or46
entering the intersection from the opposite direction; and47
(B) The driver cautiously proceeds through the intersection with reasonable care and48
consideration for all other applicable rules of the road.49
Nothing in this paragraph shall restrict a driver from making a right turn as provided for50
in paragraph (3) of subsection (a) of Code Section 40-6-21.51
(3) A driver who acts or purports to act pursuant to paragraph (2) of this subsection shall52
maintain the burden of proving that he or she acted in accordance with paragraph (2) of53
this subsection. Such driver's cause or proximate cause of an accident while acting or54
purporting to act pursuant to paragraph (2) of this subsection shall be prima-facie55
evidence that such driver did not exercise the requisite level of caution, care, or56
consideration required for compliance with the law.57
(4) As used in this subsection, the term 'reasonable belief' means the belief of a58
reasonable driver in consideration of the conditions of his or her stop and shall include59
the observation of at least two light cycle changes of a nearby traffic-control device or60
signal."61
SECTION 4.62
Said title is further amended by revising Code Section 40-6-91, relating to right of way in63
crosswalks, as follows:64
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"40-6-91.65
(a) The driver of a veh