Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be referred to and cited as "The Bicycle and Pedestrian Safety Act".
SECTION 2. Article 27, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3520. Bicycles with helper motors shall be subject to all the rights and duties of bicycles, as described in Section 56-5-3420."
SECTION 3. Section 56-5-990 of the 1976 Code is amended to read:
"Section 56-5-990.
(A) Whenever special pedestrian
control signals exhibiting the words or symbols for
'Walk' or 'Wait' are in place such signals shall indicate as
follows:
(1)
'Walk' indicates that a pedestrian facing such signal may
proceed across the roadway in the direction of the signal and
shall be given the right of way by the drivers of all vehicles;
and
(2)
'Wait' indicates that no pedestrian shall start to cross
the roadway in the direction of such signal, but any pedestrian
who has partially completed his crossing on the walk signal
shall proceed to a sidewalk or safety island while the wait
signal is showing.
(B) For
pedestrian crosswalks equipped with countdown indicators, a
pedestrian may cross if he can complete the crossing during the
remaining time shown."
SECTION 4. Section 56-5-3130(a) of the 1976 Code is amended to read:
"(a) When
traffic-control signals are not in place or not in operation the
driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be stop to
yield to a pedestrian crossing the roadway within a crosswalk
when the pedestrian is upon the half of the roadway upon which
the vehicle is traveling or when the pedestrian is approaching
so closely from the opposite half of the roadway as to be in
danger."
SECTION 5. Section 56-5-3230 of the 1976 Code is amended to read:
(A)
Notwithstanding other provisions of any local ordinance,
every driver of a vehicle shall exercise due care to avoid
colliding with any a pedestrian or
any a person propelling a human-powered
vehicle, a wheelchair, a farm tractor or a similar vehicle
designed primarily for farm use, and shall give an audible
signal when necessary and shall exercise proper
precaution upon observing any child or any obviously confused,
incapacitated or intoxicated person.
(B) A
driver who fails to exercise due care and causes serious
physical injury or death to such person shall be guilty of a
misdemeanor.
(C) A person
found to have committed an offense under this section shall be
required to:
(1)
have his or her driving privileges suspended for
a period of no less than six months; and one or more of the
following:
(2)
pay a monetary penalty of not more than two
thousand dollars; or
(3)
serve a period of incarceration which may not
exceed thirty days; or
(4)
participate in a motor vehicle accident
prevention course; or
(5)
perform community service for a number of hours
to be determined by the court, which may not exceed two hundred
hours."
SECTION 6. Section 56-5-3425(A) of the 1976 Code, as added by Act 317 of 2008, is amended to read:
(A) For purposes of
this section, 'bicycle lane' means a portion of the roadway or a
paved lane separated from the roadway that has been designated
by striping, pavement markings, and signage for
the preferential or exclusive use of by
bicyclists by pavement markings or signs which are used
exclusively for the designation of bicycle facilities."
SECTION 7. Section 56-1-10 of the 1976 Code is amended by adding the following appropriately lettered subsection:
"( ) 'Bicycles with helper motors' and 'electric-assist bicycles' mean low speed electrically -assisted bicycles with two or three wheels, each having fully operable pedals and an electric motor of no more than 750 watts, or one horsepower, whose maximum speed on a paved level surface, when powered solely by such motor while ridden by an operator weighing one hundred seventy pounds, is no more than twenty miles per hour. For these vehicles to be considered electrically-assisted bicycles, they must meet the requirement of the Federal Motor Vehicle Safety Standards as set forth in 49 C.F.R. Section 571, et seq., and must operate in a manner that the electric motor disengages or ceases to function when their brakes are applied. Notwithstanding another provision of law, bicycles with helper motors are not mopeds."
SECTION 8. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.