§ 313.08. Approaching ambiguous traffic signal.

Latest version.

(a)

The driver of a vehicle, having brought it to a stop in compliance with the directive of an official traffic control signal, and having waited continuously in the same stopped position for not less than five minutes without such signal having changed from "stop," may then assume that the signal is not in proper working order and, upon visually ascertaining that he can do so with safety, may then proceed with caution, and at his own risk, to drive his vehicle beyond the signal and resume a normal and lawful speed.

(b)

It is the purpose of this section to provide relief to vehicle drivers in those exceptional instances of failure of electrical or mechanical signals to function properly, and the burden of proof shall be upon each driver who avails himself of the right to proceed against a stop signal to show that he has complied with all requirements of subsection (a) of this section.

(c)

This section shall not be applicable at the location of any official traffic control signal during any period of time in which a police officer is there present.

(Code 1979, § 21-2-5; Code 1991, § 313.08)

                    
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