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AB-2761 Yield: inoperative traffic signal.(2017-2018)

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Date Published: 02/16/2018 02:00 PM
AB2761:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2761


Introduced by Assembly Member Obernolte

February 16, 2018


An act to amend Section 21800 of the Vehicle Code, relating to traffic signals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2761, as introduced, Obernolte. Yield: inoperative traffic signal.
Existing law establishes rules of the road governing stopping and right-of-way. Existing law requires the driver of a vehicle approaching an intersection that has official traffic control signals that are inoperative to stop at the intersection before proceeding with caution when it is safe to do so.
This bill would authorize the driver of a vehicle facing a traffic-actuated signal that displays a steady circular red indication or steady red arrow indication, and that subsequently fails to display a green indication within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the presence of the driver or vehicle, to proceed with caution when it is safe to do so, after having stopped at the intersection, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21800 of the Vehicle Code is amended to read:

21800.
 (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which a vehicle that has entered the intersection from a different highway.
(b) (1) When two vehicles enter an intersection from different highways at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right, except that the driver of any a vehicle on a terminating highway shall yield the right-of-way to any a vehicle on the intersecting continuing highway.
(2) For the purposes of this section, “terminating highway” means a highway which that intersects, but does not continue beyond the intersection, with another highway which that does continue beyond the intersection.
(c) When two vehicles enter an intersection from different highways at the same time and the intersection is controlled from all directions by stop signs, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right.
(d) (1) The driver of any a vehicle approaching an intersection which that has official traffic control signals that are inoperative shall stop at the intersection, and may proceed with caution when it is safe to do so.
(2) When two vehicles enter an intersection from different highways at the same time, and the official traffic control signals for the intersection are inoperative, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right, except that the driver of any a vehicle on a terminating highway shall yield the right-of-way to any a vehicle on the intersecting continuing highway.
(3) Notwithstanding subdivision (a) of Section 21453, the driver of a vehicle facing a traffic-actuated signal, as defined in Section 21450.5, that displays a steady circular red indication or steady red arrow indication, and that subsequently fails to display a green indication within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the presence of the driver or vehicle, shall stop at the intersection and may then proceed with caution when it is safe to do so. A person in compliance with this paragraph is not in violation of subdivision (a) of Section 21453.
(e) This section does not apply to any of the following:
(1) Any An intersection controlled by an official traffic control signal or yield right-of-way sign.
(2) Any An intersection controlled by stop signs from less than all directions.
(3) When vehicles are approaching each other from opposite directions and the driver of one of the vehicles intends to make, or is making, a left turn.