A BILL TO BE ENTITLED
AN ACT to allow the driver of a motorcycle to proceed through an intersection controlled by a traffic signal only if the traffic signal uses an inductive loop vehicle sensor that activates the traffic signal and the inductive loop fails to detect the motorcycle and activate the traffic signal.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑158 is amended by adding a new subsection to read:
"§ 20‑158.  Vehicle control signs and signals.
…
(e)	Defense. – It shall be a defense to a violation of subsection (b)(2)a. of this section if the operator of a motorcycle, as defined in G.S. 20‑4.01(27)d., shows all of the following:
(1)	The operator brought the motorcycle to a complete stop at the intersection or stop bar where a steady red light was being emitted in the direction of the operator.
(2)	The intersection is controlled by a vehicle actuated traffic signal using an inductive loop to activate the traffic signal.
(3)	No other vehicle was sitting or standing at the intersection.
(4)	No pedestrians were attempting to cross at or near the intersection.
(5)	The inductive loop that actuated the traffic signal was not activated by the motorcycle.
(6)	At least one full traffic signal light cycle had occurred or a minimum of three minutes has elapsed prior to entering the intersection."
SECTION 2.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.