Reprinted
February 20, 2009
SENATE BILL No. 553
_____
DIGEST OF SB 553
(Updated February 19, 2009 5:42 pm - DI 71)
Citations Affected: IC 9-13; IC 9-21.
Synopsis: Bicycles and traffic safety. Makes various changes
concerning bicycle operation and traffic laws. Deletes language: (1)
prohibiting a bicyclist from carrying packages; and (2) requiring a
bicycle to be equipped with a bell or other audible signal device.
Provides that a person who causes bodily injury to a person riding a
bicycle while knowingly, intentionally, or recklessly operating a motor
vehicle in the commission of certain traffic infractions commits a Class
C misdemeanor, or a Class B misdemeanor if the operation causes
serious bodily injury. Makes a technical correction.
Effective: July 1, 2009.
Broden
, Holdman
January 15, 2009, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
February 17, 2009, amended, reported favorably _ Do Pass.
February 19, 2009, read second time, amended, ordered engrossed.
Reprinted
February 20, 2009
First Regular Session 116th General Assembly (2009)
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
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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 2008 Regular Session of the General Assembly.
SENATE BILL No. 553
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 9-13-2-14; (09)SB0553.2.1. -->
SECTION 1. IC 9-13-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. "Bicycle" means a
any foot-propelled vehicle:
(1) propelled solely by human powered foot crank or hand
crank;
(2) operated by one (1) or more individuals; and
(3) having two (2) or more irrespective of the number of wheels.
in contact with the ground.
The term does not include a child's ride-on toy or skateboard.
SOURCE: IC 9-13-2-14.5; (09)SB0553.2.2. -->
SECTION 2. IC 9-13-2-14.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 14.5. "Bicycle lane" means a part of a roadway or a
paved path separated from the roadway that has been designated
for the preferential or exclusive use of bicyclists by any of the
following means or any combination of the following means:
(1) Striping.
(2) Pavement markings.
(3) Signage.
SOURCE: IC 9-21-11-3.3; (09)SB0553.2.3. -->
SECTION 3. IC 9-21-11-3.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 3.3. Notwithstanding IC 9-13-2-196(c), a person
riding a bicycle upon a roadway has all the rights and duties under
this article that are applicable to a person who operates a vehicle,
except the following:
(1) Special regulations of this article.
(2) Those provisions of this article that by their nature have
no application.
SOURCE: IC 9-21-3-7; (09)SB0553.2.4. -->
SECTION 4. IC 9-21-3-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: 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 clauses (B) and (D),
vehicular traffic facing a steady circular red signal alone 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 signal alone may not
enter the roadway.
( D) If a bicycle cannot activate a traffic control sensor
within a reasonable period of time, the person riding the
bicycle may:
(i) treat the steady red light as if it were a flashing red
light; and
(ii) enter the intersection cautiously and proceed through
the intersection.
(4) No indication or conflicting indications means the following:
(A) 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.
(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 9-21-3-11; (09)SB0553.2.5. -->
SECTION 5. IC 9-21-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) Except as
provided in subsections (b) and (c), a person who violates section 7,
8, 9, or 10 of this chapter commits a Class C infraction.
(b) A person who causes bodily injury to a person riding a
bicycle while knowingly, intentionally, or recklessly operating a
motor vehicle in the commission of a violation of section 7, 8, 9, or
10 of this chapter commits a Class C misdemeanor.
(c) A person who causes serious bodily injury to a person riding
a bicycle while knowingly, intentionally, or recklessly operating a
motor vehicle in the commission of a violation of section 7, 8, 9, or
10 of this chapter commits a Class B misdemeanor.
SOURCE: IC 9-21-4-19; (09)SB0553.2.6. -->
SECTION 6. IC 9-21-4-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) Except as
provided in subsections (b) and (c), a person who violates section 4,
5, 6, 16, 17, or 18 of this chapter commits a Class C infraction.
(b) A person who causes bodily injury to a person riding a
bicycle while knowingly, intentionally, or recklessly operating a
motor vehicle in the commission of a violation of section 16 or 18
of this chapter commits a Class C misdemeanor.
(c) A person who causes serious bodily injury to a person riding
a bicycle while knowingly, intentionally, or recklessly operating a
motor vehicle in the commission of a violation of section 16 or 18
of this chapter commits a Class B misdemeanor.
SOURCE: IC 9-21-8-28; (09)SB0553.2.7. -->
SECTION 7. IC 9-21-8-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 28.
(a) Except as
provided in subsection (b), all signals required under this chapter may
be given by hand and arm. A signal given under this section shall be
given from the left side of the vehicle in the following manner:
(1) A left turn is indicated by extending the hand and arm
horizontally.
(2) A right turn is indicated by extending the hand and arm
upward.
(3) A stop or decreased speed is indicated by extending the hand
and arm downward.
(b) A person riding a bicycle upon a roadway shall indicate:
(1) a right turn by extending the left arm upward or the right
arm horizontally to the right;
(2) a left turn by extending the left arm horizontally;
(3) stopping or decreasing speed by extending the left arm or
the right arm downward; and
(4) a left turn or right lane change by extending the left arm
or right arm to the left or right respectively.
SOURCE: IC 9-21-8-37; (09)SB0553.2.8. -->
SECTION 8. IC 9-21-8-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 37. Notwithstanding
other provisions of this article or a local ordinance, a person who drives
a vehicle shall do the following:
(1) Exercise due care to avoid colliding with a pedestrian or a
person propelling a human powered vehicle, riding a bicycle,
giving an audible signal when necessary.
(2) Exercise proper caution upon observing a child or an
obviously confused, incapacitated, or intoxicated person.
SOURCE: IC 9-21-8-37.5; (09)SB0553.2.9. -->
SECTION 9. IC 9-21-8-37.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 37.5. Whenever a bicycle lane exists, the following
apply:
(1) The operator of a vehicle shall not block the bicycle lane
to bicycle traffic and shall yield to a bicyclist in the bicycle
lane before entering or crossing the bicycle lane.
(2) A person riding a bicycle is required to ride in the bicycle
lane except when necessary to:
(A) pass another person riding a bicycle;
(B) avoid an obstruction in the bicycle lane;
(C) position the bicycle in order to make a left turn; or
(D) ride on a sidewalk in conformance with a local
ordinance.
A person riding a bicycle may ride on a roadway if no bicycle lane
exists.
SOURCE: IC 9-21-8-49; (09)SB0553.2.10. -->
SECTION 10. IC 9-21-8-49, AS AMENDED BY P.L.40-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 49.
(a) Except as provided in sections 50, 51, 52,
54, 55, and 56 of this chapter
and subsection (b) and (c), a person who
violates this chapter commits a Class C infraction.
(b) A person who causes bodily injury to a person riding a
bicycle while knowingly, intentionally, or recklessly operating a
motor vehicle in the commission of a violation of this chapter other
than a violation of section 50, 51, 52, 54, 55, or 56 of this chapter
commits a Class C misdemeanor.
(c) A person who causes serious bodily injury to a person riding
a bicycle while knowingly, intentionally, or recklessly operating a
motor vehicle in the commission of a violation of this chapter other
than a violation of section 50, 51, 52, 54, 55, or 56 of this chapter
commits a Class B misdemeanor.
SOURCE: IC 9-21-11-1; (09)SB0553.2.11. -->
SECTION 11. IC 9-21-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The parent of a
minor child and the guardian of a protected person may not authorize
or knowingly permit the minor child or protected person to violate this
chapter.
(b) Subject to the exceptions stated, the provisions of this chapter
applicable to bicycles apply whenever a bicycle is operated upon a
highway or a path set aside for the exclusive use of bicycles.
SOURCE: IC 9-21-11-2; (09)SB0553.2.12. -->
SECTION 12. IC 9-21-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. This chapter is
applicable to a person riding a bicycle upon a roadway has all the
rights and duties under this article that are applicable to a person who
drives a vehicle, except the following:
(1) Special regulations of this article.
(2) Those provisions of this article that by their nature have no
application.
highway or a path set aside for the exclusive use or preferential use
of bicycles, subject to the exceptions stated in this chapter.
SOURCE: IC 9-21-11-3; (09)SB0553.2.13. -->
SECTION 13. IC 9-21-11-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) A person
propelling a bicycle may not:
(1) ride other than upon the permanent and regular seat attached
to the bicycle; or
(2) carry any other person upon the bicycle who is not seated
upon a firmly attached and regular seat on the bicycle.
(b) A person may not ride upon a bicycle unless seated under this
section.
SOURCE: IC 9-21-11-5; (09)SB0553.2.14. -->
SECTION 14. IC 9-21-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. A person upon a
bicycle a coaster, roller skates, or a toy vehicle may not attach the
bicycle coaster, roller skates, or toy vehicle or the person to a street car
or vehicle upon a roadway.
SOURCE: IC 9-21-11-6; (09)SB0553.2.15. -->
SECTION 15. IC 9-21-11-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. A person riding a
bicycle upon a roadway may not ride more than two (2) abreast except
on paths or parts of roadways set aside for the exclusive use of
bicycles. a bicycle lane.
SOURCE: IC 9-21-11-6.5; (09)SB0553.2.16. -->
SECTION 16. IC 9-21-11-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 6.5. Whenever a bicycle lane
exists, a person riding a bicycle must ride in conformance with
IC 9-21-8-37.5(1) and IC 9-21-8-37.5(2).
SOURCE: IC 9-21-11-9; (09)SB0553.2.17. -->
SECTION 17. IC 9-21-11-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. A bicycle operated
on a highway in motion or the rider of a bicycle in motion from
one-half (1/2) hour after sunset until one-half (1/2) hour before sunrise
must be equipped with the following:
(1) A lamp on the front exhibiting a white light visible from a
distance of at least five hundred (500) feet to the front.
(2) A lamp on the rear exhibiting a red light visible from a
distance of five hundred (500) feet to the rear. or a red reflector
visible from a distance of five hundred (500) feet to the rear.
(3) Reflectors or reflective material visible from the side.
The lamps required under subdivisions (1) and (2) may be either
steady or flashing.
SOURCE: IC 9-21-11-10; (09)SB0553.2.18. -->
SECTION 18. IC 9-21-11-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. A bicycle must be
equipped with a functional mechanical or hydraulic brake. that will
enable the person who operates the bicycle to make the braked wheels
skid on dry, level, clean pavement.
SOURCE: IC 9-21-17-1; (09)SB0553.2.19. -->
SECTION 19. IC 9-21-17-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Pedestrians are
subject to traffic and pedestrian control signals under this chapter.
(b) At all places that are not marked with pedestrian control signals,
pedestrians are accorded the privileges and subject to the restrictions
of this article.
(c) A person who rides a bicycle on a sidewalk or a bicycle lane
or in a crosswalk is subject to the rights, responsibilities, and
privileges of a pedestrian under this chapter. However, the person
who rides a bicycle must yield the right-of-way to pedestrians.