Red light won’t change. You’ve waited 3 minutes. No cross traffic. Other lanes cycling through green. Your motorcycle isn’t triggering the sensor.
Can you legally proceed through the red light in Georgia?
No. Georgia does not have a “Dead Red” law for motorcycles.
In 2015, the Georgia legislature passed Senate Bill 76, commonly called the “Motorcycle Mobility Safety Act.” The bill would have allowed motorcycles and bicycles to proceed through malfunctioning traffic signals after stopping and verifying safety. Then-Governor Nathan Deal vetoed it.
The veto stands. Georgia law still requires motorcycles to obey red lights – even when sensors fail to detect the bike.
This creates a practical dilemma: sit indefinitely at a malfunctioning light (blocking traffic, creating hazard), turn right then U-turn (if geometry allows), or proceed through red and risk citation plus automatic fault if crash occurs.
This guide explains what the vetoed bill would have allowed, why it was vetoed, what your legal options actually are when stuck at a malfunctioning signal, and how “I proceeded because sensor didn’t work” plays out in crash liability.
What Georgia Almost Had (The Vetoed Bill)
Senate Bill 76 (2015) would have amended O.C.G.A. § 40-6-21 to add:
“If a driver has stopped pursuant to the instructions of a traffic-control device and has a reasonable belief that the traffic-control device or signal is inoperative due to the lightweight design of his or her motorcycle or bicycle, the driver may disregard or disobey the instructions of the traffic-control device or signal and proceed through the intersection, provided that:
(A) There is no other motor vehicle within 500 feet approaching or entering the same intersection from a different highway, or from the same highway approaching or entering the intersection from the opposite direction; and
(B) The driver cautiously proceeds through the intersection with reasonable care and consideration for all other applicable rules of the road.”
In plain language:
If you stopped, waited a reasonable time, believe the signal is malfunctioning because it doesn’t detect your bike, verified no traffic within 500 feet, you could proceed cautiously through red.
The bill required:
- Complete stop (not rolling through)
- Reasonable belief signal is broken (waited long enough to confirm malfunction)
- 500-foot clear zone (no approaching vehicles)
- Cautious entry (slow speed, defensive riding)
Why it was vetoed:
Governor Deal’s veto statement (March 2015):
“While I am sympathetic to the concerns and causes of motorcyclists and bicyclists, this legislation does not provide an adequate solution and presents a confusing exception to motorists. Furthermore, Senate Bill 76 would eliminate the current 15-inch height restriction placed on motorcycle handlebars. Motorcycles equipped with handlebars more than 15 inches in height pose a safety hazard due to the increased difficulty in steering and decreased control. In 2014, crashes involving motorcycles and bicycles accounted for 13 percent of the fatalities on Georgia roads, and I do not see how this legislation will enhance roadway safety.”
The handlebar provision wasn’t directly related to Dead Red, but both were in the same bill. The veto killed both.
Dead Red laws in other states:
As of 2025, approximately 20 states have Dead Red laws allowing motorcycles to proceed through malfunctioning signals under specific conditions. These include:
- Arkansas, Idaho, Illinois, Indiana, Kansas, Minnesota, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, Virginia, Wisconsin
Requirements vary by state. Some require 2-minute wait, some require “reasonable time,” some specify distance clearances, some don’t.
Georgia is not among them.
Why Motorcycle Sensors Fail
Traffic signals use three detection methods:
1. Inductive loop sensors: Wire loops embedded in pavement create electromagnetic field. Vehicles passing over disturb the field, triggering green light.
Problem: Motorcycles have less metal mass than cars. Smaller bikes (especially aluminum-frame sport bikes) may not generate enough disturbance to trigger sensor.
Loop sensitivity varies by installation. Some newer loops are calibrated for motorcycles. Older loops (1990s-2000s installations) often aren’t.
2. Video detection: Cameras detect vehicles visually.
Problem: Motorcycles are smaller profile. Camera software trained on car-sized objects may not recognize bikes, especially at night or in rain.
Video detection is more common on new installations but still represents minority of Georgia intersections.
3. Microwave/radar detection: Detects movement.
Problem: Less common in Georgia. Where installed, generally works for motorcycles.
Triggering position matters:
Loop sensors are typically installed 2-4 feet from the stop line. Stopping directly on the line often misses the sensor. Stopping 3-4 feet back, centered over the loop, improves detection.
Look for:
- Pavement cuts (rectangular or circular patterns in asphalt showing where loop wire was installed)
- “Bike” stencils some jurisdictions paint to show optimal stopping position
If you stop in the car tire tracks (where cars typically stop), you may miss the loop.
Your Legal Options (None Great)
Option 1: Wait indefinitely.
Legal but impractical. Eventually traffic backs up behind you. Car drivers honk. Someone may try to go around you, creating hazard.
Georgia law doesn’t specify how long you must wait. “Reasonable time” is undefined. But proceeding through red – even after 10-minute wait – is still a violation.
Option 2: Turn right on red (if possible), then reroute.
Georgia allows right turn on red after stop unless posted otherwise (O.C.G.A. § 40-6-21(a)(3)(C)).
If geometry allows:
- Turn right
- Find legal U-turn or turnaround opportunity
- Resume original route
This is legal but time-consuming and only works if right turn doesn’t take you away from destination.
Option 3: Move position to trigger sensor.
Pull forward slightly, then back. Move left or right in lane to find better sensor position. Wave arms (motion may help video detection).
Sometimes works. Often doesn’t. Delays traffic but legal.
Option 4: Wait for another vehicle to trigger sensor.
Car pulls up behind you or in adjacent lane. Their mass triggers sensor. You both get green.
This works when traffic is present. Doesn’t help at 2 AM with no other vehicles.
Option 5: Proceed through red (illegal, risky).
Some riders do this. It’s a violation. If cop sees you, citation. If crash occurs, automatic fault.
Citation risk:
Proceeding through red light violates O.C.G.A. § 40-6-21(a)(2):
- Fine: up to $1,000 (rarely that high – typically $100-200)
- Points: 3 points on license
- Super Speeder enhancement: No (only applies to speed violations)
Officer may be sympathetic if you explain sensor malfunction. Or may not. “The sensor didn’t work” isn’t a legal defense.
Option 6: Report malfunction, then reroute.
Use Georgia DOT’s 511 system or smartphone app to report malfunctioning signal. This doesn’t help you immediately but creates record for DOT maintenance.
Then reroute.
Option 7: Pull over, call police non-emergency.
Explain situation. Dispatcher may send officer to direct traffic or confirm sensor malfunction. Officer can wave you through legally.
This takes time. Only practical if you have time and it’s a persistent problem (daily commute hitting same broken signal).
Liability If You Proceed Through Red
Say you proceed through red after 5-minute wait, believing sensor is broken. Another vehicle enters intersection. Crash occurs.
You’re presumed at fault.
Automatic fault rule:
Violating traffic control device (red light) creates presumption of negligence. The burden shifts to you to prove you weren’t negligent despite the violation.
Your argument: “Signal was malfunctioning. I stopped. I waited. No safe alternative existed. Proceeding was reasonable under circumstances.”
Insurer’s counter-argument: “Red means stop. No exception. Rider violated clear law. Rider is at fault.”
Georgia courts’ position:
No published Georgia case law addresses Dead Red defense because no Dead Red law exists to create the defense.
In states with Dead Red laws, courts have held:
- Rider must prove signal was actually malfunctioning (not just slow-cycling)
- Rider must prove compliance with all statute requirements (wait time, clearance distance, caution)
- Burden of proof is on rider, not other party
In Georgia, without the statute, you have no statutory defense. You’re arguing common-law necessity: “I had to proceed to avoid greater harm (blocking traffic indefinitely).”
Necessity defense is narrow and rarely successful. Courts generally hold: when statute says “stop,” you stop. Period.
Comparative fault scenario:
Best case: You’re found 80-90% at fault (ran red light), other driver 10-20% (should have yielded to vehicle already in intersection or was speeding).
Under Georgia’s modified comparative fault (Post #13), if you’re 50%+ at fault, you recover nothing. At 80% fault, you definitely recover nothing.
Worst case: You’re 100% at fault. Other driver had green, obeyed signals, you violated.
Helmet cam evidence helps marginally:
Video showing:
- You stopped completely
- Light stayed red through 3+ full cycles
- Other lanes cycling normally (proving signal malfunction)
- No approaching traffic when you entered
- Slow, cautious entry
This doesn’t make proceeding legal. But it shows you tried to comply reasonably. May reduce your fault from 100% to 80-90%.
Still likely bars recovery under comparative fault rule.
What About “Defective Signal” Defense?
Some riders argue: “The signal was defective. DOT is liable for maintaining safe signals. The defect caused the crash.”
Theory: If DOT’s failure to maintain working sensors forced you into position where proceeding was only option, DOT shares liability.
Reality: This is a separate claim against DOT under Georgia Tort Claims Act (covered in Post #16).
To succeed, you’d need to prove:
- Signal was actually malfunctioning (not just didn’t detect your bike)
- DOT had notice of malfunction
- DOT failed to repair within reasonable time
- Malfunction caused you to proceed through red
- Your proceeding was reasonable under the circumstances
All while you violated O.C.G.A. § 40-6-21 by running red light.
This is theoretically possible but practically difficult. You’d be asking court to find DOT liable for your violation of traffic law. Courts are skeptical.
Better argument if: Other vehicle was at fault too.
Example: You proceed through red after long wait. Car approaching from your left runs their red light (signal cycled, they entered on red). Crash occurs.
Now you have:
- You violated red light (comparative fault)
- Car violated red light (comparative fault)
- Signal malfunction contributed to both violations (DOT potential liability)
Three-party fault split possible. But complex.
Proposed Solutions (Not Currently Law)
Motorcycle advocacy groups continue pushing for Dead Red law in Georgia. Proposed solutions include:
Legislative: Revive SB 76 without handlebar provision that caused veto.
Status: Introduced in multiple sessions since 2015. Never passed.
Technological: Install motorcycle-detecting sensors at all intersections.
Cost barrier: Retrofitting thousands of intersections statewide = tens of millions of dollars. DOT budget priorities elsewhere.
Some metro Atlanta intersections have upgraded to motorcycle-sensitive loops. Statewide rollout unlikely soon.
Alternative detection: Video-based detection systems better detect motorcycles than inductive loops.
DOT is slowly replacing old loops with video systems as signals are upgraded. This is multi-decade timeline.
App-based reporting: Real-time malfunction reporting via DOT app could speed repairs.
Georgia’s 511 system allows reporting, but response time is days/weeks, not immediate.
Practical Guidance
Until Georgia adopts Dead Red law (if ever), here’s what to do:
When stuck at malfunctioning signal:
- Stop completely at stop line
- Wait at least 2 full signal cycles (3-5 minutes)
- Try repositioning over visible loop cuts
- If traffic is present, wait for another vehicle to trigger sensor
- If legal and practical, turn right on red and reroute
- If no alternative, report malfunction via 511, then reroute
What NOT to do:
Don’t proceed through red unless you’re willing to accept:
- Possible citation ($100-200 fine, 3 points)
- Automatic fault if crash occurs
- Zero recovery under comparative fault rule
- Uphill legal battle arguing necessity defense
For commuters hitting same broken signal repeatedly:
Report to Georgia DOT via 511 (call or app). Document each occurrence (date, time, duration waited). After 3-4 reports with no fix, escalate to county commissioner or state representative. Squeaky wheel gets greased.
If you must proceed (emergency, safety threat):
Document everything:
- Helmet cam showing wait time, signal cycles, clearance check
- Slow, cautious entry
- Immediate report to police non-emergency explaining what happened
Won’t create legal defense, but shows you weren’t reckless.
Georgia has no Dead Red law. SB 76 was vetoed in 2015. Current law requires obeying red lights even when sensors fail to detect motorcycles.
Your legal options: wait indefinitely (impractical), turn right and reroute (if geometry allows), reposition to trigger sensor (sometimes works), wait for another vehicle (requires traffic), or violate by proceeding (citation risk, automatic fault if crash).
If you proceed through malfunctioning red and crash occurs, expect 80-100% fault assignment under Georgia’s comparative fault system. No statutory defense exists. Necessity argument is weak.
Until Georgia adopts Dead Red law, safest approach: right turn + reroute or report + reroute. Running red – even after long wait with clear intersection – is legal violation with significant liability exposure.
Disclaimer: This article provides general information about Georgia motorcycle accident law and is not legal advice. Every case is different. Consult a qualified Georgia motorcycle accident attorney to discuss your specific situation. Nothing in this article creates an attorney-client relationship.