Relates to vehicles passing bicycles

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 roadway by providing that when a vehicle overtakes or passes a bicyclist or bicyclists, he or she shall do so at a safe distance from 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 from behind and proceeding on the same side of a roadway, the operator of a vehicle shall pass to the left of the bicycle at a safe distance until the vehicle safely clears the bicyclist.

Section three provides the effective date.

Justification

Each year while riding on the right side of the road, bicyclists are hurt or killed because they are hit by drivers in vehicles that pass too closely 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. A minimum of three feet is considered a safe distance in most circumstances.

There are, however, occasions when a distance greater than three feet is necessary in order to pass at a safe distance. For example, the adverse impact of wind blast and debris kicked up from vehicles passing too closely to bicyclists may cause a bicyclist to swerve and crash. A safe buffer between the motorist and the cyclist is needed in such common circumstances as when 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.

By mandating passing at "a safe distance," this legislation will serve to educate the public about the need for motor vehicles and bicyclists to share our roads safely. A violation will result in a traffic infraction, deterring vehicles from passing at a distance that may harm or kill bicyclists.

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.