CHAPTER 430

FORMERLY HOUSE SUBSTITUTE

NO. 1 FOR

HOUSE BILL NO. 634

AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE BY ALLOWING MOTOR VEHICLES TO TURN RIGHT AT A RED LIGHT PROVIDED NO VEHICLE IS APPROACHING THE INTERSECTION.

WHEREAS, the National Committee on Uniform Traffic Laws and Ordinances agrees that drivers should be allowed to make right turns on red where signs allow it; and

WHEREAS, the Governor's Council on Highway Safety has considered House Bill 634 and would find the implementation thereof feasible with the addition of the restrictions contained in this substitute bill; and

WHEREAS, at least 26 states had adopted right-turn-on-red laws as of January 1, 1972;

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend § 4108, Title 21 of the Delaware Code, by striking the period at the end of subsection (3) (A) and inserting the following after the word "shown":

"except when authorized by signs or other signals to turn right after coming to a full stop, provided that no vehicle which has a green signal in its lane is approaching the intersection and such vehicular traffic yields the right-of-way to pedestrians lawfully within an adjacent crosswalk."

EXPLANATORY NOTE TO ACCOMPANY

HOUSE SUBSTITUTE 1

FOR HOUSE BILL NO. 634

Bill Summary:

H.S. 1 for H.B. 634 will permit drivers to turn right after stopping for a red light provided that:

(1) A sign authorizes it at that intersection;

(2) No traffic is approaching;

(3) No pedestrians are crossing in front of him.

Codification: Section 1 of H.B. 634 will fit into the Code as follows:

§ 4108. Traffic-control-signal legend

(a) Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors Green, Red and Yellow shall be used, except for special pedestrian signals carrying a word legend, and such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(instructions for green and amber have been skipped here)

(3) Full red or red arrow shown following a full amber or red arrow following an amber arrow

(A) Vehicular traffic facing the signal shall stop before crossing the stop limit, whether marked by the sign or painted line, or if none, before entering the crosswalk on the near side of intersection or, if none, then before entering the intersection and shall remain standing until a green signal of one of the types listed herein is shown EXCEPT WHEN AUTHORIZED BY SIGNS OR OTHER SIGNALS TO TURN RIGHT AFTER COMING TO A FULL STOP, PROVIDED THAT NO VEHICLE WHICH HAS A GREEN SIGNAL IN ITS LANE IS APPROACHING THE INTERSECTION AND SUCH VEHICULAR TRAFFIC YIELDS THE RIGHT—OF—WAY TO PEDESTRIANS LAWFULLY WITHIN AN ADJACENT CROSSWALK.

Approved June 15, 1972.