BILL NUMBER:A10993

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 subdi-
vision (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 bicy-
clists 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 vehi-
cle 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 vehi-
              

cles 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 vehi-
cle 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 infrac-
tion, 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.