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A10697Assembly2009-2010 Session

Relates to passing a bicycle on a roadway

Sponsor Amy PaulinAD-88+9 co-sponsorsAffects Transportation
Status
In Assembly Committee
Transportation
Impact
Pending
Passage
Pending

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In committee · Transportation

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History

  1. Referred to transportation

Full text

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Sponsor's memo

BILL NUMBER:A10697

Title of bill

An act to amend the vehicle and traffic law, in relation to vehicles passing bicycles on roadways

Purpose or general idea of bill

To improve the safety of bicyclists who ride on the right side of the roadways by providing that when a vehicle passes or overtakes a bicyclist or bicyclists, he or she shall leave a space of not less than three feet between the vehicle and the left side of the bicycle.

Summary of specific provisions

Section one amends paragraph 2 of subdivision (a) of section 1120 of the vehicle and traffic law, as amended by chapter 653 of the laws of 1964, by adding overtaking or passing bicyclists on the right half of the roadway to the list of exceptions to when a vehicle must drive on the right hand side of the road.

Section two amends the vehicle and traffic law by adding a new section 1122-a which provides that when overtaking a bicycle proceeding on the same side of a roadway from behind, the operator of a vehicle shall pass to the left of the bicycle at a distance of at least three feet until the vehicle safely clears the bicyclist.

Section three provides the effective date.

Justification

Each year, bicyclists are hurt or killed while riding on the right side of the roadway when they are hit by drivers in vehicles that come too close to them. For this reason, seventeen states have enacted safe passing laws. Several states, including Connecticut, Minnesota, New Hampshire, Tennessee, and Utah, have specified that When passing a person riding a bicycle going in the same direction, a distance of no less than three feet must be maintained between the vehicle and the bicyclist.

Three feet - one yard - is a distance that may be easily visualized by a driver and provides a clear point of reference. It is a measurable distance that eliminates ambiguity or individual interpretation of what is a safe distance. The three foot separation also provides sufficient space to minimize the adverse impacts of wind blast and debris kicked up from passing vehicles. It also provides a buffer between the motorist and the cyclist if a cyclist needs to maneuver around cracks, potholes, or the hazard of an opening door from a parked car.

Another way to help ensure the safety of bicyclists who ride on the state highways would be to create marked bicycle lanes. However, many highways throughout the state are too narrow to accommodate bicycle lanes, and the cost of constructing such lanes would be prohibitive. This legislation will not only mandate the necessary room to decrease accidents, but will also serve to educate the public about the need for motor vehicles and bicyclists to share our roads safely.

Prior legislative history

This is a new bill.

Fiscal implication

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.