BILL NUMBER:  S7897

 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 subdivision (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 bicyclists 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
vehicle 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 vehicles 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 vehicle 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
infraction, 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.