STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 951	By:	Rice

AS INTRODUCED

An Act relating to bicycles; amending 47 O.S. 2001, Section 11-1111, as amended by Section 1, Chapter 368, O.S.L. 2003 (47 O.S. Supp. 2010, Section 11-1111), which relates to throwing or dropping objects; adding bicycle to application of law; amending 47 O.S. 2001, Section 11-1205, as last amended by Section 2, Chapter 173, O.S.L. 2006, and Section 3, Chapter 173, O.S.L. 2006 (47 O.S. Supp. 2010, Sections 11-1205 and 11-1208), which relate to operation of bicycles and play vehicles; modifying certain exceptions to right-hand lane operation; providing method of operation for certain types of roadways; stating certain expectations for bicycle operation; modifying requirements for overtaking a vehicle traveling in opposite directions and for one-way roadways; prohibiting certain conduct with a motor vehicle; providing penalty; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 11-1111, as amended by Section 1, Chapter 368, O.S.L. 2003 (47 O.S. Supp. 2010, Section 11-1111), is amended to read as follows:
Section 11-1111.  A.  No person shall willfully throw or drop any substance at a moving vehicle, bicycle, or any occupant thereof.
B.  No person shall willfully throw or drop any object from a bridge or overpass with intent to damage any property or injure any person.
C.  Any violation of subsection A or B of this section shall be deemed a felony and, upon conviction, shall be punishable by imprisonment in the Department of Corrections for a term of not more than ten (10) years, or by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
SECTION 2.    AMENDATORY    47 O.S. 2001, Section 11-1205, as last amended by Section 2, Chapter 173, O.S.L. 2006 (47 O.S. Supp. 2010, Section 11-1205), is amended to read as follows:
Section 11-1205.  A.  Every person operating a bicycle or motorized scooter upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as is safe to the right-hand curb or edge of the roadway, except under any of the following situations:
1.  When overtaking and passing another vehicle proceeding in the same direction;
2.  When preparing for a left turn at an intersection or into a private road or driveway;
3.  When reasonably necessary to avoid conditions and while exercising due care, including but not limited to:
a.	fixed or moving objects,
b.	parked or moving vehicles,
c.	pedestrians or animals,
d.	surface hazards, or
e.	any time it is unsafe to continue along the right-hand curb or edge of the roadway; and
4.  When riding in the right-turn-only lane.
However, the rider should not be required to ride without a minimum three (3) foot safety margin from a motor vehicle on either the left-hand or right-hand side while on the roadway as the law may require.
B.  Any person riding a bicycle or motorized scooter upon a one-way street or highway with two or more marked lanes of travel may ride as close as is safe to the left-hand curb or edge of the street or highway.
C.  No person operating a bicycle or motorized scooter shall pass other vehicles between lanes of traffic traveling in the same direction.
D.  Persons riding bicycles or motorized scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles or motorized scooters.  Persons riding two abreast shall not impede the normal and reasonable flow of traffic and, on a laned roadway, shall ride within a single lane.
SECTION 3.     AMENDATORY     Section 3, Chapter 173, O.S.L. 2006 (47 O.S. Supp. 2010, Section 11-1208), is amended to read as follows:
Section 11-1208.  A.  When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three (3) feet of the right side of the motor vehicle, including all mirrors or other projections, and the left side of the bicyclist until the motor vehicle is safely past the overtaken bicycle.
B.  A person driving a motor vehicle upon a one-way roadway with two or more marked traffic lanes, when overtaking a bicyclist proceeding in the same direction and riding on the left-hand side of the road, shall allow a safe distance of not less than three (3) feet between the left side of the motor vehicle, including all mirrors or other projections, and the right side of the bicyclist until the motor vehicle is safely past the overtaken bicycle.
C.  If a person violates the provisions of subsection A or B of this section, and the violation is witnessed by law enforcement, a citation shall be issued and the person shall be subject to a fine of not less than Five Hundred Dollars ($500.00).
D.  If a person violates the provisions of subsection A or B of this section and the violation results in a collision causing serious physical injury to another person, the person shall be subject to a fine of not more less than Five Hundred Dollars ($500.00) One Thousand Dollars ($1,000.00).
C.  If a person violates the provisions of subsection A or B of this section and the violation results in the death of another person, the person shall be subject to a fine of not more less than One Thousand Dollars ($1,000.00) Five Thousand Dollars ($5,000.00), in addition to any other penalties prescribed by law.
SECTION 4.  This act shall become effective July 1, 2011.
SECTION 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-10	MD 	1/20/2011 5:53:06 PM