MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division A
By: Senator(s) Doty
AN ACT TO AMEND SECTION 63-3-309, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UNDER CERTAIN LIMITED CIRCUMSTANCES MOTORCYCLES MAY PROCEED THROUGH INTERSECTIONS OR MAKE A TURN WHEN STOPPED AT A RED LIGHT ONLY IF THE MOTORCYCLE DOES NOT TRIGGER THE SENSOR FOR A GREEN LIGHT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-3-309, Mississippi Code of 1972, is amended as follows:
63-3-309. Whenever traffic is controlled by traffic-control signals exhibiting the words "Go," "Caution," or "Stop" or exhibiting different colored lights successively one (1) at a time, only the following colors shall be used and said terms and lights shall indicate as follows:
(1) Green alone or "Go."
(a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. However, vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.
(b) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(2) Yellow alone or "Caution" when shown following the green or "Go" signal.
(a) Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection.
(b) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.
(3) Red alone or "Stop."
(a) Vehicular traffic
facing the signal shall stop before entering the nearest crosswalk at an
intersection or at such other point as may be indicated by a clearly visible
line and shall remain standing until green or "Go" is shown alone,
except as provided in (b) and (c) of this * * * subsection (3) * * *.
(b) Vehicular traffic
facing a steady red signal may cautiously enter the intersection to turn right
after stopping as required by paragraph * * * (a) of this subsection (3), unless
a sign stating "No Turn On Red" is in place prohibiting such a turn.
Such vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other vehicular traffic lawfully using the
intersection.
(c) Vehicular traffic
facing a steady red signal at the intersection of two (2) one-way streets may
cautiously enter the intersection to turn left in the direction designated for
one-way traffic, after stopping as required by paragraph * * * (a) of this subsection (3), unless
a sign stating "No Turn On Red" is in place prohibiting such a turn.
Such vehicular traffic shall yield the right-of-way to pedestrians within an
adjacent crosswalk and to other vehicular traffic lawfully using the
intersection.
(d) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
(4) Red with green arrow.
(a) Vehicular traffic facing such signal may cautiously enter the intersection only to make movement indicated by such arrow but shall not interfere with other traffic or endanger pedestrians lawfully within a crosswalk.
(b) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
(5) It is a defense to a charge of violating subsection (3) or (4) of this section if the operator of a motorcycle shows all of the following:
(a) The operator brought the motorcycle to a complete stop at the intersection where a steady red signal or red with a green arrow signal was being emitted in the direction of the operator.
(b) The intersection is controlled by a vehicle-actuated traffic signal.
(c) No other vehicle that was entitled to have the right-of-way under applicable law was sitting at, traveling through, or approaching the intersection.
(d) No pedestrians were attempting to cross at or near the intersection.
(e) The motorcycle operator who received the citation waited a minimum of three (3) minutes at the intersection where the steady red signal or red with a green arrow signal was being emitted in the direction of the operator before entering the intersection.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.