Have you pulled up to red light and waited...and waited...and waited some more? It isn't uncommon not to trigger the sensor on a stoplight while riding your bike. In the past you would have just hoped a police officer wasn't around and gone for it. Now you can (almost) forget the worry.
HB316 allows those driving both motorcycles and bicycles to proceed through a red light which they determine does not detect their presence after waiting at least 90 seconds provided it can be done safely. It also clarifies when roadway authorities may reasonably prohibit bicycles from using the roadway and that they must provide an alternative route. A caveat: this is only an “affirmative defense” which means you can still be ticketed, but can have the charge dismissed after arguing your case in front of the judge, and we must review next legislative session. For details, visit
It is an affirmative defense to a violation of Subsection if an operator of a motorcycle, moped, or bicycle facing a steady circular red signal or red arrow:
(i) brings the motorcycle, moped, or bicycle to a complete stop at the intersection or stop line; (ii) determines that:
(A) the traffic-control signal has not detected the operator's presence by waiting a
reasonable period of time at the intersection or stop line before entering the intersection;
(B) no other vehicle that is entitled to have the right-of-way under applicable law is
sitting at, traveling through, or approaching the intersection; and
(C) no pedestrians are attempting to cross at or near the intersection in the direction of
travel of the operator; and
(iii) cautiously enters the intersection and proceeds across the roadway.
(b) The affirmative defense under this section does not apply at an active railroad grade
crossing.
To sum it up, come to your complete stop. Wait a reasonable amount of time to make sure you're really not triggering the light. Make sure the intersection is clear of vehicles and pedestrians. Proceed cautiously. You can still get a ticket, but this law allows it to be dropped.