Bill Text: NY A08601 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to a pedestrian's right of way; all pedestrians shall be given the right of way by all traffic when facing a steady yellow light.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A08601 Detail]

Download: New_York-2011-A08601-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8601
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                  September 21, 2011
                                      ___________
       Introduced  by M. of A. ROSENTHAL, COOK, SPANO, BARRON, CASTRO -- Multi-
         Sponsored by -- M. of A. GABRYSZAK,  GLICK,  MENG,  PERRY,  P. RIVERA,
         ROBINSON,  TITONE, WEISENBERG -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to a  pedestri-
         an's right of way
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 2 of subdivision (a) of section 1111 of the vehi-
    2  cle and traffic law, as amended by chapter 269 of the laws of  1984,  is
    3  amended to read as follows:
    4    2. Traffic, except pedestrians, facing a steady green arrow signal may
    5  cautiously enter the intersection only to make the movement indicated by
    6  such  arrow, or such other movement as is permitted by other indications
    7  shown at the same time, except that a U-Turn  may  be  made  by  traffic
    8  facing  a left green arrow signal unless a sign prohibits such U-Turn or
    9  such U-Turn is in violation of any other provision of law. Such  traffic
   10  shall yield the right of way to other traffic lawfully within the inter-
   11  section  [or  an]  AND  PEDESTRIANS WITHIN A MARKED OR UNMARKED adjacent
   12  cross walk AT THE INTERSECTION at the time such signal is exhibited.
   13    S 2. Paragraph 3 of subdivision (a) of section 1111 of the vehicle and
   14  traffic law, as amended by chapter 356 of the laws of 1971,  is  amended
   15  to read as follows:
   16    3.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as
   17  provided in section eleven hundred twelve OF THIS  ARTICLE,  pedestrians
   18  facing  any  steady green signal, except when the sole green signal is a
   19  turn arrow, SHALL HAVE THE RIGHT-OF-WAY AND may proceed across the road-
   20  way within any marked or unmarked crosswalk.
   21    S 3. Paragraphs 2 and 3 of subdivision (b)  of  section  1111  of  the
   22  vehicle  and traffic law, as amended by chapter 356 of the laws of 1971,
   23  are amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13230-01-1
       A. 8601                             2
    1    2. Traffic, except pedestrians, facing a steady  yellow  arrow  signal
    2  may  cautiously  enter  the  intersection  only to complete the movement
    3  indicated by such arrow or make such other movement as is  permitted  by
    4  other  indications  shown  at  the  same  time; however, said traffic is
    5  thereby warned that the related green arrow movement is being terminated
    6  or  that a red indication will be exhibited immediately thereafter. SUCH
    7  TRAFFIC SHALL YIELD THE RIGHT-OF-WAY TO PEDESTRIANS WITHIN A  MARKED  OR
    8  UNMARKED  CROSSWALK  AT  THE  INTERSECTION AND TO OTHER TRAFFIC LAWFULLY
    9  USING THE INTERSECTION.
   10    3.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as
   11  provided in section eleven hundred twelve, pedestrians facing any steady
   12  yellow  signal  are  thereby  advised that there is insufficient time to
   13  cross the roadway before a red indication is  shown  and  no  pedestrian
   14  shall  then  start to cross the roadway. REGARDLESS OF WHEN A PEDESTRIAN
   15  STARTS TO  CROSS  THE  ROADWAY,  ALL  PEDESTRIANS  SHALL  BE  GIVEN  THE
   16  RIGHT-OF-WAY BY ALL OTHER TRAFFIC WHEN FACING ANY STEADY YELLOW LIGHT.
   17    S  4. Subparagraph a of paragraph 2 of subdivision (d) of section 1111
   18  of the vehicle and traffic law, as separately amended  by  chapters  230
   19  and 420 of the laws of 1980, is amended to read as follows:
   20    a.  Traffic  facing  a steady circular red signal may cautiously enter
   21  the intersection to make a right turn  after  stopping  as  required  by
   22  paragraph  one of this subdivision, except that right turning traffic is
   23  not required to stop when a steady right green arrow signal is shown  at
   24  the  same time. Such traffic shall yield the right-of-way to pedestrians
   25  within a marked or unmarked crosswalk at the  intersection  and  to  ALL
   26  other traffic lawfully using the intersection;
   27    S  5. Section 1112 of the vehicle and traffic law, as amended by chap-
   28  ter 228 of the laws of 1987, is amended to read as follows:
   29    S 1112. Pedestrian-control signal  indications.  Whenever  pedestrians
   30  are controlled by pedestrian-control signals exhibiting the words "WALK"
   31  or  "DON'T  WALK", or exhibiting symbols of a walking person or upraised
   32  hand, such signals shall indicate and apply to pedestrians as follows:
   33    (a) Steady WALK or walking person. Pedestrians facing such signal  may
   34  proceed  across  the roadway in the direction of the signal and shall be
   35  given the right of way by ALL other traffic.
   36    (b) Flashing DON'T WALK or upraised hand. No pedestrian shall start to
   37  cross the roadway in the direction of such signal, but  any  pedestrians
   38  who  have  partially  completed  their  crossing  on the WALK or walking
   39  person signal shall proceed to a sidewalk or  safety  island  while  the
   40  flashing  DON'T  WALK  or upraised hand signal is showing. REGARDLESS OF
   41  WHEN A PEDESTRIAN STARTS TO CROSS THE ROADWAY, ALL PEDESTRIANS SHALL  BE
   42  GIVEN  THE RIGHT-OF-WAY BY ALL OTHER TRAFFIC WHILE A FLASHING DON'T WALK
   43  OR UPRAISED HAND SIGNAL IS SHOWING.
   44    (c) Steady DON'T WALK or upraised hand. No pedestrians shall start  to
   45  cross  the  roadway in the direction of such signal, but any pedestrians
   46  who have partially completed their  crossing  on  the  WALK  OR  WALKING
   47  PERSON  or  flashing  DON'T  WALK OR FLASHING UPRAISED HAND signal shall
   48  proceed to a sidewalk or safety island while the steady  DON'T  WALK  OR
   49  UPRAISED HAND signal is showing.
   50    S  6.  Subdivision (b) of section 1113 of the vehicle and traffic law,
   51  as amended by chapter 722 of the laws of 2006, is  amended  to  read  as
   52  follows:
   53    (b)  Flashing  yellow indications. Vehicular traffic facing a circular
   54  yellow signal or  yellow  arrow  with  rapid  intermittent  flashes  may
   55  proceed  through the intersection or past such signal only with caution.
       A. 8601                             3
    1  SUCH TRAFFIC SHALL YIELD THE RIGHT-OF-WAY TO PEDESTRIANS WITHIN A MARKED
    2  OR UNMARKED CROSSWALK AT THE INTERSECTION.
    3    S  7.  Subdivision (a) of section 1151 of the vehicle and traffic law,
    4  as amended by chapter 159 of the laws of 2002, is  amended  to  read  as
    5  follows:
    6    (a)  When traffic-control signals are not in place or not in operation
    7  the driver of a vehicle shall yield the right of way,  slowing  down  or
    8  stopping  if  need  be to so yield, to a pedestrian crossing the roadway
    9  within a crosswalk OR AT ANY UNMARKED CROSSWALK AT  AN  INTERSECTION  on
   10  the  roadway upon which the vehicle is traveling, except that any pedes-
   11  trian crossing a roadway at a point where a pedestrian tunnel  or  over-
   12  pass has been provided shall yield the right of way to all vehicles.
   13    S  8.  This  act shall take effect on the thirtieth day after it shall
   14  have become a law.
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