S T A T E   O F   N E W   Y O R K
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                                  7247

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 20, 2011
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to traffic-con-
  trol devices and motorcycles

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1254 to read as follows:
  S 1254. FAILURE OF TRAFFIC-CONTROL DEVICE TO RECOGNIZE MOTORCYCLE.  AN
OPERATOR  OF  A  MOTORCYCLE  APPROACHING AN INTERSECTION CONTROLLED BY A
TRAFFIC-CONTROL DEVICE THAT IS INOPERATIVE AND  FAILS  TO  CHANGE  TO  A
GREEN SIGNAL DUE TO THE SIZE OR WEIGHT OF THE MOTORCYCLE SHALL COME TO A
FULL  AND  COMPLETE  STOP AT THE INTERSECTION IN RESPONSE TO A RED LIGHT
AND, AFTER WAITING FOR A REASONABLE PERIOD OF TIME NO  LESS  THAN  SIXTY
SECONDS,  FOR SUCH TRAFFIC-CONTROL DEVICE TO DETECT SUCH MOTORCYCLE, MAY
PROCEED WITH DUE CAUTION THROUGH THE INTERSECTION WHEN IT IS SAFE TO  DO
SO  DESPITE  THE  RED  SIGNAL. THE DRIVER OF ANY VEHICLE APPROACHING THE
INTERSECTION WHO LAWFULLY MAY ENTER THE INTERSECTION OR ANY  PEDESTRIANS
LAWFULLY  WITHIN  AN ADJACENT CROSSWALK SHALL HAVE RIGHT-OF-WAY OVER ANY
MOTORCYCLE OPERATOR PROCEEDING THROUGH A RED LIGHT. IN NO EVENT WHERE AN
ACCIDENT RESULTS FROM THE OPERATOR OF THE MOTORCYCLE PROCEEDING INTO THE
INTERSECTION ON A RED LIGHT SHALL A PEDESTRIAN OR A DRIVER OF ANY  VEHI-
CLE WITH RIGHT-OF-WAY BE CHARGED WITH ANY TRAFFIC INFRACTION.
  S 2. Paragraph 3 of subdivision (d) of section 1111 of the vehicle and
traffic law, as amended by chapter 356 of the laws of 1971 and as renum-
bered by chapter 760 of the laws of 1974, is amended to read as follows:
  3.  [Traffic]  EXCEPT  AS OTHERWISE PROVIDED IN SECTION TWELVE HUNDRED
FIFTY-FOUR OF THIS TITLE, TRAFFIC, except pedestrians, facing  a  steady
red  arrow  signal  may  not enter the intersection to make the movement
indicated by such arrow and, unless entering the  intersection  to  make
such  other  movement  as is permitted by other indications shown at the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10726-01-1
              

A. 7247                             2

same time, shall stop at a clearly marked stop line, but if  none,  then
shall  stop before entering the crosswalk on the near side of the inter-
section, or in the event there is no crosswalk at the point nearest  the
intersecting  roadway  where  the  driver  has a view of the approaching
traffic on the intersecting roadway before entering the intersection and
shall remain standing until an indication to proceed is shown.
  S 3. This act shall take effect immediately.