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S6649Senate2015-2016 Session

Relates to the operator of a vehicle overtaking a bicycle from behind: Prima facie evidence relating thereto

Sponsor Thomas F. O'MaraSD-58+4 co-sponsorsAffects Transportation
Status
In Assembly Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Transportation

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Who cares

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Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

Chair, Environmental Conservation

History

  1. Referred to transportation
  2. Delivered to assembly
  3. Passed senateVote 41–13
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.600
  7. Referred to transportation

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to operators of a vehicle overtaking a bicycle from behind

Purpose

To amend the vehicle and traffic law to allow a safe passing distance for motorists from bicyclists who share the roadway.

Summary of provisions

Section 1. Amends subsection (1) of Section 1122-a of the vehicle and traffic law by adding that when overtaking, from behind, a bicycle proceeding in the same side of a roadway shall pass to the left of such bicycle at a minimum distance of three feet when safely able to do so. Subsection (2) is added stating that in the event of a collision between a motor vehicle and an individual operating a bicycle on the same side of a roadway shall be evidence of the operator's failure to pass such a bicyclist at a minimum distance of three feet.

Justification

With the Department of Transportation actively installing bike lanes on state roadways throughout the state, this legislation is timely and necessary to support the increased bicycle traffic. A specific distance, three feet, was chosen in order to provide an easily understood distance for motorists. Specifying three feet as the minimum passing distance provides adequate space for bicyclists to safely travel on the road.

The second key portion of this bill seeks to limit passing maneuver attempts to instances when the roadway is unobstructed to avoid potentially dangerous situations for all motorists. The law makes clear its intention not to authorize passing when it is otherwise prohibited by law, and states that if the passing maneuver in a no-passing zone causes injury or death to the bicyclist then such an act is "prima facie" evidence of the offense, which means that no further proof is necessary to establish the elements of the violation.

Legislative history

New bill.

Fiscal implications

None

Effective date

Immediately

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