OFF THE WIRE
As many as 15 states in the country now have enacted laws that allow motorcyclists to run red lights.
What this means is that motorcyclists in these states can now cross
an intersection even when the light is red, and not be charged with
anything.
Currently, Arkansas, Idaho, Illinois, Minnesota, Missouri, Nevada,
North Carolina, Oklahoma, South Carolina, Tennessee, Virginia, and
Wisconsin have such laws. 4 years ago, Nebraska had also proposed a
similar bill, but it hasn’t been enacted yet. The status is currently,
“indefinitely postponed”.
It may sound bizarre to many readers how motorcyclists can be given
such an exception, especially those not outside the US. However, there’s
good reason for that. Most traffic lights in these states only go green
for a particular lane only when a vehicle on it has been waiting to
cross an intersection.
The system uses metal sensors to detect if a vehicle is waiting. However, these sensors are not always very sensitive.
As a result, vehicles like motorcycles and bicycles are often not
able to trigger these sensors due to the low volume of metal they have.
Consequently, the riders are left with rather impractical options to
cross such an intersection.
Either they get off their vehicle and trip the pedestrian crosswalk
button, or ask for cars to squeeze through their lane, or simply run the
light.
These states recognized this plight of the riders, and officially made it legal to run such lights.
However, most of these states have guidelines in place to prevent
misuse. The riders are required to come to a complete stop at such
lights, and then proceed into the intersection only when there’s no
incoming traffic or pedestrians.
Consequently, the liability in case of an accident at the
intersection while a rider is running a red light has been shifted to
the rider.
Here are the details about it:
Arkansas – In effect since 2005, 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 that a 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 motorcycles 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
that 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 a 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)
Washington – (2015) During the last legislative session, a new
section was added to Chapter 46.61 RCW in Washington State that allows
the operator of a street legal motorcycle to make a left turn, after
stopping at an intersection that is controlled by a triggered traffic
control signal, if the device fails to operate after one cycle of the
traffic signal. (Amendment to Chapter 46.61 RCW)
Kentucky – (2015) Motorcyclists must come to a complete stop, wait
for at least two minutes or two light cycles and make sure no other
vehicles are crossing the intersection before proceeding. (HB 370)
Kansas – (2012) Motorcycles may proceed at a non-responsive red light
when safe and after a reasonable amount of time. (KS Statutes, Chapter
8, Article 15, Section 8, C4)
What do you think about this step by these states? Let us know in the Comments’ Section below.
I’ve held the position of Vice-President of Government Affairs for the Motorcycle Riders Foundation for roughly 18 months. And during those months I’ve sat in countless meetings, congressional hearings, public information sessions, symposiums, conferences and breakout sessions which have covered a gamut of issues that affect riders. Anything and everything from ethanol to self-driving cars to road design and infrastructure, I’ve sat, listened and taken detailed notes. However, during the last couple of months I’ve started to uncover
