SB 368 - This act provides that a person operating a motorcycle or bicycle who enters or crosses an intersection controlled by a traffic-control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:
(1) The motorcycle or bicycle has been brought to a complete stop;
(2) The traffic signal continues to show a red light for an unreasonable time;
(3) The traffic signal is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and
(4) No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.
The affirmative defense applies only to a violation for entering or crossing an intersection controlled by a traffic-control signal against a red light and does not provide a defense to any other civil or criminal action.
A similar provision was contained in SB 614 (2007) and SCS/SB 969 (2006).
This provision is also contained in SS/SCS/SB 239 et al (2007).