304.285. Red light violations by motorcycles or bicycles, affirmative defense, when.
Red light violations by motorcycles or bicycles, affirmative defense,when.
304.285. Any person operating a motorcycle or bicycle who violatesthe provisions of section 304.281 or section 304.301 by entering orcrossing an intersection controlled by a traffic control signal against ared light shall have an affirmative defense to that charge if the personestablishes all of the following conditions:
(1) The motorcycle or bicycle has been brought to a complete stop;
(2) The traffic control signal continues to show a red light for anunreasonable time;
(3) The traffic control is apparently malfunctioning or, ifprogrammed or engineered to change to a green light only after detectingthe approach of a motor vehicle, the signal has apparently failed to detectthe arrival of the motorcycle; and
(4) No motor vehicle or person is approaching on the street orhighway to be crossed or entered or is so far away from the intersectionthat it does not constitute an immediate hazard.
The affirmative defense of this section applies only to a violation forentering or crossing an intersection controlled by a traffic control signalagainst a red light and does not provide a defense to any other civil orcriminal action.
(L. 2009 H.B. 683 merged with S.B. 368)