April 5, 2011





ENGROSSED

SENATE BILL No. 337

_____


DIGEST OF SB 337 (Updated March 31, 2011 3:56 pm - DI 96)



Citations Affected: IC 9-13; IC 9-21.

Synopsis: Traffic control signals. Provides that: (1) a person operating a vehicle entering an intersection or crosswalk facing a pedestrian hybrid beacon (beacon) may proceed without stopping if no indication is displayed on the beacon; and (2) in that instance the operator is not required to yield the right-of-way to a pedestrian crossing that intersection within a crosswalk. Provides that when a yellow lens with an arrow illuminated with rapid intermittent flashes is used in a traffic signal, a person who operates a vehicle may turn only after yielding to oncoming traffic.

Effective: July 1, 2011.





Grooms, Arnold
(HOUSE SPONSORS _ STEMLER, DAVISSON)




    January 11, 2011, read first time and referred to Committee on Homeland Security, Transportation & Veterans Affairs.
    January 31, 2011, reported favorably _ Do Pass.
    February 8, 2011, read second time, amended, ordered engrossed.
    February 9, 2011, engrossed.
    February 14, 2011, read third time, passed. Yeas 28, nays 22.

HOUSE ACTION

    March 28, 2011, read first time and referred to Committee on Roads and Transportation.
    April 4, 2011, reported _ Do Pass.






April 5, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 337



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 9-13-2-123.3; (11)ES0337.1.1. -->     SECTION 1. IC 9-13-2-123.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 123.3. "Pedestrian hybrid beacon" for purposes of IC 9-21-3, has the meaning set forth in IC 9-21-3-0.5.
SOURCE: IC 9-21-3-0.5; (11)ES0337.1.2. -->     SECTION 2. IC 9-21-3-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 0.5. As used in this chapter, "pedestrian hybrid beacon" means a traffic control signal used to warn and control traffic in order to assist pedestrians in crossing a roadway at a crosswalk distinctly indicated for pedestrian crossing by lines or other markings.
SOURCE: IC 9-21-3-7; (11)ES0337.1.3. -->     SECTION 3. IC 9-21-3-7, AS AMENDED BY P.L.8-2010, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) Whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively, one (1) at a time or in combination, only the

colors green, red, or yellow may be used, except for special pedestrian signals under IC 9-21-18.
    (b) The lights indicate and apply to drivers of vehicles and pedestrians as follows:
        (1) Green indication means the following:
            (A) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left, unless a sign at the place prohibits either turn.
            (B) Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent sidewalk at the time the signal is exhibited.
            (C) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the green arrow or other movement permitted by other indications shown at the same time.
            (D) Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
            (E) Unless otherwise directed by a pedestrian control signal, pedestrians facing a green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within a marked or unmarked crosswalk.
        (2) Steady yellow indication means the following:
            (A) Vehicular traffic facing a steady circular yellow or yellow arrow signal is warned that the related green movement is being terminated and that a red indication will be exhibited immediately thereafter.
            (B) A pedestrian facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal, is advised that there is insufficient time to cross the roadway before a red indication is shown, and a pedestrian may not start to cross the roadway at that time.
        (3) Steady red indication means the following:
            (A) Except as provided in clause (B), vehicular traffic facing a steady circular red or red arrow signal shall stop at a clearly marked stop line. However, if there is no clearly marked stop line, vehicular traffic shall stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, vehicular traffic shall stop before entering the intersection and shall remain standing until an indication to proceed is shown.


            (B) Except when a sign is in place prohibiting a turn described in this subdivision, vehicular traffic facing a steady red signal, after coming to a complete stop, may cautiously enter the intersection to do the following:
                (i) Make a right turn.
                (ii) Make a left turn if turning from the left lane of a one-way street into another one-way street with the flow of traffic.
            Vehicular traffic making a turn described in this subdivision shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic using the intersection.
            (C) Unless otherwise directed by a pedestrian control signal pedestrians facing a steady circular red or red arrow signal may not enter the roadway.
        (4) No indication or conflicting indications means the following:
            (A) Except as provided in clause (C), vehicular traffic facing an intersection having a signal that displays no indication or conflicting indications, where no other control is present, shall stop before entering the intersection.
            (B) After stopping, vehicular traffic may proceed with caution through the intersection and shall yield the right-of-way to traffic within the intersection or approaching so closely as to constitute an immediate hazard.
            (C) Vehicular traffic entering an intersection or crosswalk facing a pedestrian hybrid beacon may proceed without stopping if no indication is displayed on the pedestrian hybrid beacon.
        (5) This section applies to traffic control signals located at a place other than an intersection. A stop required under this subdivision must be made at the signal, except when the signal is supplemented by a sign or pavement marking indicating where the stop must be made.
SOURCE: IC 9-21-3-8; (11)ES0337.1.4. -->     SECTION 4. IC 9-21-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) This section does not apply at railroad grade crossings.
    (b) Whenever an illuminated flashing red or yellow light is used in a traffic signal or with a traffic sign, vehicular traffic shall obey the signal in the following manner:
        (1) Flashing red (stop signal) means the following:
            (A) When a red lens is illuminated by rapid intermittent flashes, a person who drives a vehicle shall stop at a clearly marked stop line before entering the crosswalk on the near

side of the intersection.
            (B) If no line exists, the person shall stop at the point nearest the intersecting roadway where the person has a view of approaching traffic on the intersecting roadway before entering the roadway.
            (C) The right to proceed is subject to the rules applicable after making a stop at a stop sign.
        (2) Except as provided in subdivision (3), flashing yellow (caution signal) means that when a yellow lens is illuminated with rapid intermittent flashes, a person who drives a vehicle may proceed through the intersection or past the signal only with caution.
        (3) When a yellow lens with an arrow is illuminated with rapid intermittent flashes, a person who operates a vehicle may turn only after yielding to oncoming traffic.

SOURCE: IC 9-21-8-36; (11)ES0337.1.5. -->     SECTION 5. IC 9-21-8-36 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 36. Except as provided in IC 9-21-17-8 and IC 9-21-3-7(b)(4)(C), when traffic control signals are not in place or not in operation, a person who drives a vehicle shall yield the right-of-way, slowing down or stopping if necessary 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 closely from the opposite half of the roadway.