Tuesday, December 10, 2013

The US States Where Motorcyclists Can Legally Run Red Lights

OFF THE WIRE
Published by Cyril Huze

We all had this experience. Waiting an excruciating time for the red traffic light to turn green. And for some riding to work, it’s a daily experience. The reason are the intersections sensors unable to detect light vehicles with not enough metal like motorcycles.

Confronted to this situation, some take illegal and potentially dangerous initiatives like running the red lights. But as a matter of facts, some states have what is called “Safe On Red” laws allowing motorcyclists to legally run red lights if following some safety rules, like waiting a minimum of time and making sure if it’s free of cross traffic or pedestrians.

But be warned that the “Safe On Red Law” is NEVER a valid excuse for the biker since in all states motorcyclists and cyclists are required to proceed with caution and yield to other vehicles or pedestrians using the intersection. States with this type of laws are listed after the jump.

• Arkansas (2005) The state law allows a motorcyclist to proceed with caution, after coming to a full and complete stop, through a red light that fails to detect the bike. (Arkansas Code section 27-52-206)
• Idaho (2006) If a signal fails to operate after one cycle of the traffic light, the motorcyclist may proceed, using due caution and care, after coming to a full and complete stop at the intersection.  (Statute 49-802)
• Illinois (2012) Permits a driver of a motorcycle or bicycle facing a red light that fails to change within a reasonable period of time of not less than 120 seconds to proceed after yielding the right-of-way to any oncoming traffic. However, this law doesn’t apply to municipalities of over 2,000,000 people such as Chicago. (625 ILCS 5/11-306)
• Minnesota (2002) A person operating a bicycle or motorcycle who runs a red light has an affirmative defense if the driver first came to a complete stop, the traffic light stayed red for an unreasonable amount of time and appeared not to detect the vehicle and no motor vehicles or people were approaching the street.(Statute 169.06)
• Missouri (2009) State law tells both motorcyclists and bicyclists who run red lights that they have an affirmative defense if they brought their vehicle to a complete stop, the light was red for an unreasonable time period, and there were no motor vehicle or person approaching.  (Statute 304.285)
• Nevada (2013) Those using motorcycles, bicycles, mopeds, and “tri-mobiles” are allowed to proceed through an intersection with a red light after waiting for two traffic light cycles, and they yield to other vehicle traffic or pedestrians. (Statute 484B.307)
• North Carolina (2007) Motorcyclists are permitted to move cautiously through a steady red light after coming to a complete stop and waiting a minimum of three minutes and if no other vehicle or pedestrians are approaching the intersection. (NCGS 20-158)
• Oklahoma (2010) Motorcycles can proceed cautiously through a steady red light intersection after making a complete stop and if no other motor vehicle or person is approaching the roadway. (Statute 47-11-202)
• South Carolina (2008) After making a complete stop and waiting for a minimum of 120 seconds, the driver of a motorcycle, moped, or bicycle may treat a steady red light that doesn’t change as a stop sign and proceed with caution. (S.C. Code 56-5-970)
• Tennessee (2003) After coming to a complete stop, motorcyclists and bicyclists may proceed through a steady red light when it is safe to do so. (Tennessee Traffic Control Signals 55-8-110)
• Virginia (2011) Drivers of motorcycles, mopeds, and bicycles may move with caution through non-responsive red lights as long as they yield the right-of-way to others approaching the intersection, and have come to a complete stop for two complete light cycles or 120 seconds, whichever is shorter.(Statute 46-2-833)
• Wisconsin (2006) A motorcycle, moped or bicycle is permitted to run a steady red light after making a complete stop and waiting at least 45 seconds and then yields the right–of-way to any vehicular traffic or pedestrians using the intersection.  (Statute 346.37)

In early 2013, Nebraska introduced Bill LB 85 proposing a safe-on-red law, but the bill currently has a status of “indefinitely postponed.”
- See more at: http://cyrilhuzeblog.com/2013/12/08/the-us-states-where-motorcyclists-can-legally-run-red-lights/#more-129901
We all had this experience. Waiting an excruciating time for the red traffic light to turn green. And for some riding to work, it’s a daily experience. The reason are the intersections sensors unable to detect light vehicles with not enough metal like motorcycles.
Confronted to this situation, some take illegal and potentially dangerous initiatives like running the red lights. But as a matter of facts, some states have what is called “Safe On Red” laws allowing motorcyclists to legally run red lights if following some safety rules, like waiting a minimum of time and making sure if it’s free of cross traffic or pedestrians.
But be warned that the “Safe On Red Law” is NEVER a valid excuse for the biker since in all states motorcyclists and cyclists are required to proceed with caution and yield to other vehicles or pedestrians using the intersection. States with this type of laws are listed after the jump.

Arkansas (2005) The state law allows a motorcyclist to proceed with caution, after coming to a full and complete stop, through a red light that fails to detect the bike. (Arkansas Code section 27-52-206)
• Idaho (2006) If a signal fails to operate after one cycle of the traffic light, the motorcyclist may proceed, using due caution and care, after coming to a full and complete stop at the intersection.  (Statute 49-802)
• Illinois (2012) Permits a driver of a motorcycle or bicycle facing a red light that fails to change within a reasonable period of time of not less than 120 seconds to proceed after yielding the right-of-way to any oncoming traffic. However, this law doesn’t apply to municipalities of over 2,000,000 people such as Chicago. (625 ILCS 5/11-306)
• Minnesota (2002) A person operating a bicycle or motorcycle who runs a red light has an affirmative defense if the driver first came to a complete stop, the traffic light stayed red for an unreasonable amount of time and appeared not to detect the vehicle and no motor vehicles or people were approaching the street.(Statute 169.06)
• Missouri (2009) State law tells both motorcyclists and bicyclists who run red lights that they have an affirmative defense if they brought their vehicle to a complete stop, the light was red for an unreasonable time period, and there were no motor vehicle or person approaching.  (Statute 304.285)
• Nevada (2013) Those using motorcycles, bicycles, mopeds, and “tri-mobiles” are allowed to proceed through an intersection with a red light after waiting for two traffic light cycles, and they yield to other vehicle traffic or pedestrians. (Statute 484B.307)
• North Carolina (2007) Motorcyclists are permitted to move cautiously through a steady red light after coming to a complete stop and waiting a minimum of three minutes and if no other vehicle or pedestrians are approaching the intersection. (NCGS 20-158)
• Oklahoma (2010) Motorcycles can proceed cautiously through a steady red light intersection after making a complete stop and if no other motor vehicle or person is approaching the roadway. (Statute 47-11-202)
• South Carolina (2008) After making a complete stop and waiting for a minimum of 120 seconds, the driver of a motorcycle, moped, or bicycle may treat a steady red light that doesn’t change as a stop sign and proceed with caution. (S.C. Code 56-5-970)
• Tennessee (2003) After coming to a complete stop, motorcyclists and bicyclists may proceed through a steady red light when it is safe to do so. (Tennessee Traffic Control Signals 55-8-110)
• Virginia (2011) Drivers of motorcycles, mopeds, and bicycles may move with caution through non-responsive red lights as long as they yield the right-of-way to others approaching the intersection, and have come to a complete stop for two complete light cycles or 120 seconds, whichever is shorter.(Statute 46-2-833)
• Wisconsin (2006) A motorcycle, moped or bicycle is permitted to run a steady red light after making a complete stop and waiting at least 45 seconds and then yields the right–of-way to any vehicular traffic or pedestrians using the intersection.  (Statute 346.37)
In early 2013, Nebraska introduced Bill LB 85 proposing a safe-on-red law, but the bill currently has a status of “indefinitely postponed.”
- See more at: http://cyrilhuzeblog.com/2013/12/08/the-us-states-where-motorcyclists-can-legally-run-red-lights/#more-129901
Published by Cyril Huze
Published by Cyril Huze