SB 1031 Proposes several measures relating to bicycle safety
Sponsor:Bray Co-Sponsor(s)
LR Number:3183S.04I Fiscal Note:3183-04
Committee:
Last Action:01/26/04 - Second Read and Referred S Transportation Committee Journal page:S158
Title:
Effective Date:August 28, 2004
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2004 Senate Bills
Current Bill Summary

SB 1031 - This act provides for various measures relating to bicycle safety and the duties owed to bicyclists by motorists.

DESIGNATED BICYCLE LANES - This act prohibits blocking or obstructing a designated bicycle lane with a parked or standing motor vehicle. The act establishes standards for motorists crossing bicycle lanes (Section 300.330).

DEGREE OF CARE - This act requires drivers to exercise the highest degree of care to avoid colliding with pedestrians, bicyclists, and motorcyclists (Section 300.410- Model Traffic Ordinance) (Sections 304.677 and 537.038).

OVERTAKING A BICYCLIST - This act requires motorists to pass bicyclists with the highest degree of care by leaving a safe distance between the motor vehicle and the bicycle (no less than 3 feet) (Section 300.411-Model Traffic Ordinance)(Section 304.678).

ADDITIONAL POINTS - This act assesses 8 points for a misdemeanor assault in the 3rd degree conviction involving the use of motor vehicle (subdivision 14 (14)). This act assesses an additional two points to a person's driver's license for any violation that occurs in a school zone. An additional 4 points shall be assessed to the person's license when a violation leads to personal injury. This act assesses 8 points to a person's driver's license for a conviction for operating a motor vehicle causing serious physical injury for a conviction for assault in the third degree involving the use of a motor vehicle. This act assesses an additional 12 points when the death of another person results from certain motor vehicle violations (Section 302.302). Points shall be assessed against a person's driver's license for speeding a school zone even if the person exceeded the speed limit by only five miles per hour or less (Section 304.009).

REVOCATION PERIODS AND LICENSE REINSTATEMENT - This act also provides specific revocation periods for any person who has his or her license revoked for committing a felony using a motor vehicle. Under this act, no person who has had his or her license revoked or suspended shall have the license reinstated until the person participates in a driver- improvement program (Section 302.304).

LIMITED DRIVING PRIVILEGE - Under this act, no person who has his or her license revoked or suspended for a conviction for assault in the third degree involving the use of a motor vehicle shall be eligible for a limited driving privilege. No person shall be eligible for a limited driving privilege until the person participates in and successfully completes a driver-improvement program (Section 302.309).

UNIFORM SCHOOL SPEED ZONES - This act allows counties and municipalities to establish maximum school speed zones of 20 miles per hour. The counties and municipalities may establish a speed limit lower than 20 mph if it finds that a lower limit is needed to promote public safety. This act allows the county or municipality to double the fines for traffic violations that occur within a school zone (Section 304.675).

SPECIFIC OFFENSES - This act creates three specific offenses for motorists who cause physical injury, serious physical injury or death to another person (Section 304.679).

DEFINITION OF BICYCLE - This act modifies the definition of bicycle (Section 307.180).

APPROACHING AN INTERSECTION - This act requires bicyclists approaching a stop sign to slow down or stop before entering the intersection. The bicyclist shall yield the right-of-way to any motor vehicle in the intersection or approaching in such a manner to constitute an immediate hazard. Under this act, a bicyclist approaching a traffic light shall stop before entering the intersection, except that the bicyclist may cautiously make a right-hand turn without stopping or make a left-hand turn onto a one-way highway without stopping.

RIDING ON SHOULDERS - This act provides that the riding of bicycles on shoulders shall be permitted unless local regulations or State Highways and Transportation Commission regulations provide otherwise. If shoulder travel is prohibited, it shall be clearly designated by sign (Section 307.191).

INVOLUNTARY MANSLAUGHTER - This act provides that knowingly passing too close to (colliding with) a bicyclist causing death is first degree involuntary manslaughter. The act also provides that the reckless operation of a motor vehicle causing death to another person is second degree involuntary manslaughter (Section 565.024).

ASSAULT - This act provides that recklessly causing serious physical injury to another person with a motor vehicle is 2nd degree assault. Recklessness shall be presumed if it is shown that the motorist overtook a bicyclist too closely by failing to leave a safe distance of at least three feet (Section 565.060). The act also provides that if a person operates a motor vehicle in a manner that violates a traffic law or regulation and the violation causes serious physical injury to another person, then the person is guilty of 3rd degree assault (Section 565.070).
STEPHEN WITTE