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HomeKnow the Law: Idaho Stop

Know the Law - Idaho Stop



Instructional Video - Click  HERE  Provided by This Machine - Tulsa Bike Share


Red Light and Stop Sign Laws for Bicyclists
 


The main subjects of this bill include:

  • Allowing people on bikes to treat stop signs as yields, sometimes called the “Idaho or Delaware Stop”. 
  • Update hand signals so that a person on a bike can lawfully use a right hand to signal when turning right.
  • A person cannot honk at a person on a bike, equine or animal-drawn carriage when there is no immediate danger

 

B.

1. A person operating a bicycle approaching a stop sign shall:

a. slow down,

b. if required to avoid an immediate hazard, stop at the stop sign before entering the intersection, and

c. cautiously enter the intersection and yield the right of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.


2. If a person operating a bicycle determines there is no immediate hazard, he or she may cautiously make a right or left turn, or proceed through the intersection without stopping at the stop sign.


C.

1. A person operating a bicycle approaching a steady red traffic-control signal shall: a. make a complete stop at the steady red traffic-control signal before entering the intersection, and b. yield the right-of-way to all oncoming traffic that constitutes an immediate hazard during the time that he or she is moving across or within the intersection.


2. If a person operating a bicycle determines there is no immediate hazard, he or she may proceed through the steady red traffic-control signal with caution.


3. A person operating a bicycle may make a:

a. right-hand turn at a steady red traffic-control signal without stopping after slowing to a reasonable speed and yielding the right-of-way, if required, to oncoming traffic that constitutes an immediate hazard, or ENR. H. B. NO. 1770 Page 3

b. left-hand turn onto a one-way street at a steady red traffic-control signal after stopping and yielding to oncoming traffic that constitutes an immediate hazard.


Click to read the legislation:  https://legiscan.com/OK/text/HB1770/id/2390003

 

What if a city has conflicting regulations to this state law?

Where state law and municipal law conflict, State law controls. State law allows stop and go at red lights and treating stop signs as a yield sign if the intersection is clear.  Click HERE to read the legal opinions indicating that local traffic laws may not supersede state laws.  See below for OKC updates to match the state law.

 

 

they can pass or enforce city ordinances, but cities/towns may not enact or enforce regulations that are in conflict with State law.

The overriding concern is that laws must be uniform.

Municipal codes applying to bicycles and red lights/stop signs are in conflict with State law which allows cyclists to treat them differently than under city code.

Here, state law says its ok, city code says it isn't. That is a direct conflict.

If there is conflict, State law controls.

Chapters 11 & 12 in Title 47 cover bicycles and here's the language of Title 47, 15-101 which clears it up for you:

“The provisions of Chapters 10, 11, 12, 13 and 14 of this act shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any ordinance, rule or regulation in conflict with the provisions of such chapters unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of such chapters.”

Bill Status
3/12/2021: Passed house 76-13. 
4/5/21 HB1770 passed Senate Safety committee 9-2 - n

4/20 - Senate Vote passed 43-4!
5/4/21 - re-approved by House.
signed into law by the Governor, take effect Nov 1, 2021


OKC traffic laws updated to match the state law:


Oklahoma City Municipal Code 32-478 that adopts in substance Oklahoma State law 47 O.S. 11-202.1 which can be found here:  https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=489349

 

 

  • § 32-478. - Obedience to traffic control devices.

(a) Except as specified in subsection (b) of this Section, any person operating a bicycle shall obey the instructions of official traffic control signs, and other control devices applicable to vehicles, unless otherwise directed by a Police Officer.

(b) A person operating a bicycle approaching a stop sign shall:

(1) slow down and enter the intersection with caution;

(2) yield the right of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; and

(3) make a complete stop at the stop sign before entering the intersection, if required to avoid an immediate hazard. If a person operating a bicycle determines there is no immediate hazard, he or she may cautiously make a right or left turn, or proceed through the intersection, without first stopping at the stop sign.

(c) A person operating a bicycle approaching a steady red traffic-control signal shall:

(1) make a complete stop at the steady red traffic-control signal before entering the intersection; and

(2) yield the right-of-way to all oncoming traffic that constitutes an immediate hazard during the time that he or she is moving across or within the intersection. If a person operating a bicycle determines there is no immediate hazard, he or she may proceed through a steady red traffic-control signal with caution after first having made a complete stop.

(d) A person operating a bicycle may:

(1) make a right-hand turn at a steady red traffic-control signal without stopping, only after first slowing to a reasonable speed and after yielding the right-of-way to any oncoming traffic that constitutes an immediate hazard; or

(2) make a left-hand turn onto a one-way street at a steady red traffic-control signal after first stopping and after yielding to any oncoming traffic that constitutes an immediate hazard.

(e) "Immediate hazard" shall mean a vehicle is approaching a person operating a bicycle at a proximity and rate of speed sufficient to indicate to a reasonably careful person that there is a danger of collision or accident.

(f) Whenever authorized signs are erected indicating that a turning movement is restricted no person operating a bicycle shall disobey the direction of any such sign, except where that person dismounts from the bicycle to make the turn, in which event such person shall then obey the regulations applicable to pedestrians.

(g) No person shall ride or operate a bicycle in any direction except that permitted of vehicular traffic traveling on the same side of the roadway.

(Code 1970, § 34-242(a)—(c); Ord. No. 15924, § 1, 8-12-80; Code 1980, § 32-478; Ord. No. 27065 , § 1, 5-10-22)

 

Here’s the link to the Municipal Code https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH32MOVETR_ARTXIVBI_S32-478OBTRCODE

 


   
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