BILL REQ. #:  H-1821.1 

READ FIRST TIME 02/23/09.   

     AN ACT Relating to vehicle-activated traffic control signals; adding a new section to chapter 47.36 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds and declares that it is the policy of the state of Washington to provide for the safe and efficient use of public roads and highways by all types of vehicles that are authorized to use these roads and highways. In furtherance of this policy, the legislature finds that many existing vehicle-activated traffic control signals are operated or installed in a manner that does not allow for the routine and reliable detection of motorcycles and bicycles necessary for signal change. It is the policy of the legislature that this problem be avoided in all new and substantially upgraded vehicle-activated traffic control signals and that existing vehicle-activated traffic control signals be operated to detect motorcycles and bicycles where currently capable consistent with safe traffic control.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.36 RCW to read as follows:
     (1) For the purposes of this section:
     (a) "Arterial" means a public road or highway that is designated or qualifies as a principal or minor arterial under a state or local law, ordinance, regulation, or plan.
     (b) "Bicycle" means a human-powered vehicle with metallic wheels at least sixteen inches in diameter or with metallic braking strips and metallic components, not necessarily including the frame or fork, which may be lawfully ridden on a public road or highway.
     (c) "Bicycle route" means a route (i) that is designated as a route for bicycle use in a state or local law, ordinance, rule, or plan, or (ii) that provides bicycle access to urban areas that are not reasonably and conveniently accessible through other bicycle routes. The level of existing or projected use by bicyclists is a factor to consider in determining whether a bicycle route provides access that is not reasonably and conveniently available from other bicycle routes. An intersection that provides necessary linkages in a bicycle route or between routes is considered a part of the bicycle route or routes.
     (d) "Design complete" means that all major design work for a new vehicle-activated traffic control signal has been completed and that the funding necessary for complete construction of the vehicle-activated traffic control signal has been firmly secured.
     (e) "Existing vehicle-activated traffic control signal" means a vehicle-activated traffic control signal that is in use or design complete on or before the effective date of this section.
     (f) "Motorcycle" means a motor vehicle (i) designed to travel on not more than three wheels in contact with the ground, (ii) ridden by a driver astride the motor unit or power train, (iii) designed to be steered with a handle bar, and (iv) capable in its present condition of being lawfully operated on a public road or highway.
     (g) "Restricted right turn lane" means a right turn only lane where a right turn is not allowed after stopping but only upon a green signal.
     (h) "Routinely and reliably detect motorcycles and bicycles" means that the detection equipment at a vehicle-activated traffic control signal is capable of detecting and will reliably detect a motorcycle or bicycle (i) when the motorcycle or bicycle is present immediately before a stop bar or crosswalk in the center of a lane at an intersection or road entrance to such an intersection, or (ii) when the motorcycle or bicycle is present at marked detection areas.
     (i) "Vehicle-activated traffic control signal" means a traffic control signal on a public road or highway that detects the presence of a vehicle as a means to change a signal phase.
     (2) During routine maintenance or monitoring activities, but subject to the availability of funds appropriated for this specific purpose:
     (a) All existing vehicle-activated traffic control signals that do not currently routinely and reliably detect motorcycles and bicycles must be adjusted to do so to the extent that the existing equipment is capable consistent with safe traffic control. Priority must be given to existing vehicle-activated traffic control signals for which complaints relating to motorcycle or bicycle detection have been received and existing vehicle-activated traffic control signals that are otherwise identified as a detection problem for motorcyclists or bicyclists, or both. Jurisdictions operating existing vehicle-activated traffic control signals shall establish and publicize a procedure for filing these complaints in writing and by e-mail, and maintain a record of these complaints and responses to them until all existing vehicle-activated traffic control signals within its jurisdiction routinely and reliably detect motorcycles and bicycles; and
     (b) Where motorcycle and bicycle detection is limited to certain areas other than immediately before the stop bar or crosswalk in the center of a lane at an existing vehicle-activated traffic control signal, those detection areas must be clearly marked on the pavement at left turn lanes, through lanes, and limited right turn lanes. These detection areas must also be marked to allow a bicyclist to leave a bicycle lane to enter a detection area, if necessary, to cross an intersection. Pavement markings must be consistent with the standards described in the state of Washington's "Manual on Uniform Traffic Control Devices for Streets and Highways" obtainable from the department of transportation.
     (3)(a) If at least a substantial portion of detection equipment at an existing vehicle-activated traffic control signal on an arterial or bicycle route is scheduled to be replaced or upgraded, the replaced or upgraded detection equipment must routinely and reliably detect motorcycles and bicycles. For purposes of this subsection (3)(a), "substantial portion" means that the proposed replacement or upgrade will cost more than twenty percent of the cost of full replacement or upgraded detection equipment that would routinely and reliably detect motorcycles and bicycles.
     (b) If at least a substantial portion of detection equipment at an existing vehicle-activated traffic control signal on a public road or highway that is not an arterial or bicycle route is scheduled to be replaced or upgraded, the replaced or upgraded detection equipment must routinely and reliably detect motorcycles and bicycles. For purposes of this subsection (3)(b), "substantial portion" means that the proposed replacement or upgrade will cost more than fifty percent of the cost of full replacement or upgraded detection equipment that would routinely and reliably detect motorcycles and bicycles.
     (4) All vehicle-activated traffic control signals that are design complete and put in operation after the effective date of this section must be designed and operated, when in use, to routinely and reliably detect motorcycles and bicycles, including the detection of bicycles in bicycle lanes that cross an intersection.