Bill Text: NY S01724 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to operators of a vehicle overtaking a bicycle or pedestrian outside the city of New York.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed) 2024-01-03 - REFERRED TO TRANSPORTATION [S01724 Detail]

Download: New_York-2023-S01724-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1724--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

        Introduced  by  Sens.  HARCKHAM,  PALUMBO,  SEPULVEDA  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Transportation   --   committee   discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law, in relation to operators of
          a vehicle overtaking a bicycle or pedestrian

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 1122-a of the vehicle and traffic law, as added by
     2  chapter 413 of the laws of 2010, is amended to read as follows:
     3    § 1122-a. Overtaking a bicycle or pedestrian.  [The]  (a)  For  cities
     4  having a population of less than one million and towns and villages, the
     5  operator  of  a vehicle overtaking, from behind, a bicycle proceeding on
     6  the same side of a roadway shall pass to the left of such bicycle [at  a
     7  safe distance until safely clear thereof] with due care.
     8    (i) For purposes of this section, such due care shall include, but not
     9  be limited to, moving from a lane or shoulder which contains or is imme-
    10  diately  adjacent  to  the  bicyclist to another lane until safely clear
    11  thereof,  provided  that  such  movement  otherwise  complies  with  the
    12  requirements  of  this  chapter  including,  but  not  limited  to,  the
    13  provisions of sections eleven hundred ten  and  eleven  hundred  twenty-
    14  eight of this chapter.
    15    (ii) If moving from an immediately adjacent lane to another lane would
    16  not otherwise comply with the requirements of this chapter, the operator
    17  of  such vehicle shall pass to the left of such bicycle at a distance of
    18  not less than three feet until safely clear thereof.
    19    (iii) If moving from an immediately adjacent lane to another  lane  or
    20  passing to the left of such bicycle at a distance of not less than three
    21  feet  would  not otherwise comply with the requirements of this chapter,
    22  the operator of such vehicle shall only  pass  such  bicycle  if,  after

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04965-04-3
        S. 1724--A                          2

     1  considering  the actual and potential hazards then existing, doing so is
     2  reasonable and prudent under the conditions.
     3    (b)  For  cities  having a population of less than one million and for
     4  towns and villages, the operator  of  a  vehicle  passing  a  pedestrian
     5  proceeding  on the same side of a roadway shall pass to the left of such
     6  pedestrian by:  (i) moving from a lane or shoulder which contains or  is
     7  immediately  adjacent  to  the  pedestrian  to another lane until safely
     8  clear thereof, provided that such movement otherwise complies  with  the
     9  requirements  of  this  chapter  including,  but  not  limited  to,  the
    10  provisions of sections eleven hundred ten  and  eleven  hundred  twenty-
    11  eight  of  this  chapter; or (ii) if moving from an immediately adjacent
    12  lane to another lane would not otherwise comply with the requirements of
    13  this chapter, the operator of such vehicle shall pass  to  the  left  of
    14  such  pedestrian  at a distance of not less than three feet until safely
    15  clear thereof; or (iii) if moving from an immediately adjacent  lane  to
    16  another  lane or passing to the left of such pedestrian at a distance of
    17  not less than three feet would not otherwise comply  with  the  require-
    18  ments of this chapter, the operator of such vehicle shall only pass such
    19  pedestrian  if,  after considering the actual and potential hazards then
    20  existing, doing so is reasonable and prudent under the conditions.
    21    (c) For any city not covered under the provisions of  subdivision  (a)
    22  of  this  section,  the operator of a vehicle overtaking, from behind, a
    23  bicycle proceeding on the same side of a roadway shall pass to the  left
    24  of such bicycle at a safe distance until safely clear thereof.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law.