What's happening
This bill prohibits drivers from overtaking vehicles on the right by using a parking lane, with certain exceptions.
Why it matters
Clarifies where passing on the right is allowed. By specifically banning the use of parking lanes to overtake, the bill makes it clearer for drivers what areas of the road can and cannot be used for passing, potentially reducing confusion and risky maneuvers.
Aims to increase pedestrian and cyclist safety. Parking lanes are often adjacent to sidewalks or bike lanes; prohibiting cars from driving in these zones to pass reduces the chance of collisions with pedestrians or cyclists.
Addresses urban congestion and double-parking issues. In many city areas, parking lanes are used for deliveries or temporary stopping. This bill may help prevent conflicts or accidents that occur when drivers use these lanes to bypass traffic, especially around stopped vehicles.
Means stricter enforcement and possible fines. Drivers who previously used parking lanes to pass slow or turning vehicles may now face tickets or legal penalties, which could change driver behavior and increase compliance with traffic laws.
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Who cares
Headline styles
Ban Passing in Parking Lanes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5128
2017-2018 Regular Sessions
IN SENATE
March 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting the use of parking lanes to overtake vehicles on the right
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1123 of the vehicle and traffic law, subdivision (b) as amended by chapter 162 of the laws of 1990, is amended to read as follows:
§ 1123. When overtaking on the right is permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to make a left turn;
2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;
3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the pavement or maintraveled portion of the roadway, or by using a parking lane, except as permitted by section eleven hundred thirty-one of this article.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10175-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to prohibiting the use of parking lanes to overtake vehicles on the right
Summary of provisions
Section 1 of the bill amends subdivision (b) of section 1123 of the vehicle and traffic law by specifically stating that a driver of a vehicle may not "overtake and pass another vehicle upon the right" by using a parking lane
Section 2 provides that this act shall take effect immediately.
Justification
Drivers seeking to get passed stopped traffic often use an open parking lane to overtake vehicles on the right. This practice is very dangerous and the cause of many motor vehicle accidents since drivers in the designated lanes of traffic do not expect vehicles to pass on the right from the parking lane. The addition of this language is necessary to make it explicitly clear to drivers that such conduct is inherently unsafe and a violation of the vehicle and traffic law.
Prior legislative history
S. S5440
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.