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S 3. Subdivision 1 of section 603-a of the vehicle and traffic law, as
added by chapter 408 of the laws of 2001, is amended to read as follows:
1. In addition to the requirements of section six hundred three of
this article, whenever a motor vehicle accident results in serious phys-
ical injury or death to a person, and such accident either is discovered
by a police officer, or reported to a police officer within five days
after such accident occurred, the police shall conduct an investigation
of such accident. Such investigation shall be conducted for the purposes
of making a determination of the following: the facts and circumstances
of the accident; the type or types of vehicles involved, including
passenger motor vehicles, commercial motor vehicles, motorcycles, limit-
ed use motorcycles, off-highway motorcycles, HUMAN TRANSPORTERS, and/or
bicycles; whether pedestrians were involved; the contributing factor or
factors; whether it can be determined if a violation or violations of
this chapter occurred, and if so, the specific provisions of this chap-
ter which were violated and by whom; and, the cause of such accident,
where such cause can be determined. The police shall forward a copy of
the investigation report to the commissioner within five business days
of the completion of such report.
S 4. Subdivision (b) of section 605 of the vehicle and traffic law, as
added by chapter 254 of the laws of 1989, is amended to read as follows:
(b) Every person operating a bicycle OR HUMAN TRANSPORTER which is in
any manner involved in an accident on a public highway in this state in
which any person is killed, other than the operator, or suffers serious
physical injury as defined pursuant to subdivision ten of section 10.00
of the penal law, shall within ten days after such operator learns of
the fact of such death or serious physical injury, report the matter in
writing to the commissioner. If such operator is physically incapable of
making such report within ten days, he or she shall make the report
immediately upon recovery from the physical incapacity. If such opera-
tor is an unemancipated minor who is incapable of making such report for
any reason, the parent or guardian of such operator shall make such
report within ten days after learning of the fact of such accident.
Every such operator of a bicycle, OR HUMAN TRANSPORTER, or parent or
guardian of such unemancipated minor operator, shall make such other and
additional reports as the commissioner shall require.
S 5. Section 1131 of the vehicle and traffic law, as added by chapter
162 of the laws of 1990, is amended to read as follows:
S 1131. Driving on shoulders and slopes. Except for bicycles, HUMAN
TRANSPORTERS, and those classes of vehicles required to travel on shoul-
ders or slopes, no motor vehicle shall be driven over, across, along, or
within any shoulder or slope of any state controlled-access highway
except at a location specifically authorized and posted by the depart-
ment of transportation. The foregoing limitation shall not prevent motor
vehicles from using shoulders or slopes when directed by police officers
or flagpersons, nor does it prevent motor vehicles from stopping, stand-
ing, or parking on shoulders or slopes where such stopping, standing, or
parking is lawful.
S 6. Subdivision (b) of section 1230 of the vehicle and traffic law,
as amended by chapter 694 of the laws of 1995, is amended to read as
follows:
(b) These regulations applicable to bicycles OR HUMAN TRANSPORTERS or
to in-line skates shall apply whenever a bicycle is, OR HUMAN TRANSPOR-
TERS or in-line skates are, operated upon any highway, upon private
roads open to public motor vehicle traffic and upon any path set aside
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for the exclusive use of bicycles, HUMAN TRANSPORTERS, or in-line
skates[, or both].
S 7. Section 1231 of the vehicle and traffic law, as amended by chap-
ter 694 of the laws of 1995, is amended to read as follows:
S 1231. Traffic laws apply to persons riding bicycles or HUMAN TRANS-
PORTERS OR skating or gliding on in-line skates. Every person riding a
bicycle or HUMAN TRANSPORTER OR skating or gliding on in-line skates
upon a roadway shall be granted all of the rights and shall be subject
to all of the duties applicable to the driver of a vehicle by this
title, except as to special regulations in this article and except as to
those provisions of this title which by their nature can have no appli-
cation.
S 8. Section 1234 of the vehicle and traffic law, as amended by chap-
ter 16 of the laws of 1996, is amended to read as follows:
S 1234. Riding on roadways, shoulders, bicycle OR HUMAN TRANSPORTER or
in-line skate lanes and bicycle OR HUMAN TRANSPORTER or in-line skate
paths. (a) Upon all roadways, any bicycle OR HUMAN TRANSPORTER or
in-line skate shall be driven either on a usable bicycle OR HUMAN TRANS-
PORTER or in-line skate lane or, if a usable bicycle or in-line skate
lane has not been provided, near the right-hand curb or edge of the
roadway or upon a usable right-hand shoulder in such a manner as to
prevent undue interference with the flow of traffic except when prepar-
ing for a left turn or when reasonably necessary to avoid conditions
that would make it unsafe to continue along near the right-hand curb or
edge. Conditions to be taken into consideration include, but are not
limited to, fixed or moving objects, vehicles, bicycles, HUMAN TRANSPOR-
TERS, in-line skates, pedestrians, animals, surface hazards or traffic
lanes too narrow for a bicycle, HUMAN TRANSPORTER, or person on in-line
skates and a vehicle to travel safely side-by-side within the lane.
(b) Persons riding bicycles or HUMAN TRANSPORTERS OR skating or glid-
ing on in-line skates upon a roadway shall not ride more than two
abreast. Persons riding bicycles or HUMAN TRANSPORTERS OR skating or
gliding on in-line skates upon a shoulder, bicycle or HUMAN TRANSPORTER
OR in-line skate lane, or bicycle OR HUMAN TRANSPORTER or in-line skates
path, intended for the use of bicycles or HUMAN TRANSPORTERS OR in-line
skates may ride two or more abreast if sufficient space is available,
except that when passing a vehicle, bicycle or HUMAN TRANSPORTER OR
person on in-line skates, or pedestrian, standing or proceeding along
such shoulder, lane or path, persons riding bicycles or HUMAN TRANSPOR-
TERS OR skating or gliding on in-line skates shall ride, skate, or glide
single file. Persons riding bicycles or HUMAN TRANSPORTERS OR skating or
gliding on in-line skates upon a roadway shall ride, skate, or glide
single file when being overtaken by a vehicle.
(c) Any person operating a bicycle or HUMAN TRANSPORTER OR skating or
gliding on in-line skates who is entering the roadway from a private
road, driveway, alley or over a curb shall come to a full stop before
entering the roadway.
S 9. Section 1235 of the vehicle and traffic law, as amended by chap-
ter 703 of the laws of 2004, is amended to read as follows:
S 1235. Carrying articles. No person operating a bicycle OR HUMAN
TRANSPORTER shall carry any package, bundle, or article which prevents
the driver from keeping at least one hand upon the handle bars. No
person skating or gliding on in-line skates shall carry any package,
bundle, or article which obstructs his or her vision in any direction.
No person operating a skate board shall carry any package, bundle, or
article which obstructs his or her vision in any direction.
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S 10. Section 1236 of the vehicle and traffic law, subdivision (a) as
amended by chapter 860 of the laws of 1975 and subdivisions (d) and (e)
as added by chapter 887 of the laws of 1976, is amended to read as
follows:
S 1236. Lamps and other equipment on bicycles OR HUMAN TRANSPORTERS.
(a) Every bicycle OR HUMAN TRANSPORTER when in use during the period
from one-half hour after sunset to one-half hour before sunrise shall be
equipped with a lamp on the front which shall emit a white light visible
during hours of darkness from a distance of at least five hundred feet
to the front and with a red light visible to the rear for three hundred
feet. Effective July first, nineteen hundred seventy-six, at least one
of these lights shall be visible for two hundred feet from each side.
(b) No person shall operate a bicycle OR HUMAN TRANSPORTER unless it
is equipped with a bell or other device capable of giving a signal audi-
ble for a distance of at least one hundred feet, except that a bicycle
OR HUMAN TRANSPORTER shall not be equipped with nor shall any person use
upon a bicycle OR HUMAN TRANSPORTER any siren or whistle.
(c) Every bicycle OR HUMAN TRANSPORTER shall be equipped with a brake
which will enable the operator to make the braked wheels skid on dry,
level, clean pavement.
(d) Every new bicycle OR HUMAN TRANSPORTER shall be equipped with
reflective tires or, alternately, a reflex reflector mounted on the
spokes of each wheel, said tires and reflectors to be of types approved
by the commissioner. The reflex reflector mounted on the front wheel
shall be colorless or amber, and the reflex reflector mounted on the
rear wheel shall be colorless or red.
(e) Every bicycle OR HUMAN TRANSPORTER when in use during the period
from one-half hour after sunset to one-half hour before sunrise shall be
equipped with reflective devices or material meeting the standards
established by rules and regulations promulgated by the commissioner;
provided, however, that such standards shall not be inconsistent with or
otherwise conflict with the requirements of subdivisions (a) and (d) of
this section.
S 11. The section heading and the opening paragraph of section 1237 of
the vehicle and traffic law, as added by chapter 145 of the laws of
1989, are amended to read as follows:
Method of giving hand and arm signals by bicyclists OR HUMAN TRANSPOR-
TER RIDERS. All signals herein required to be given by bicyclists OR
HUMAN TRANSPORTER RIDERS by hand and arm shall be given in the following
manner and such signals shall indicate as follows:
S 12. Section 1240 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
S 1240. Leaving the scene of an incident involving a wheeled non-mo-
torized means of conveyance OR HUMAN TRANSPORTER without reporting in
the second degree. 1. Any person age eighteen years or older operating a
wheeled non-motorized means of conveyance, including, but not limited to
bicycles, in-line skates, roller skates and skate boards, OR HUMAN
TRANSPORTERS, who, knowing or having cause to know, that physical inju-
ry, as defined in subdivision nine of section 10.00 of the penal law,
has been caused to another person, due to the operation of such non-mo-
torized means of conveyance by such person, shall, before leaving the
place where the said physical injury occurred, stop, and provide his
name and residence, including street and street number, to the injured
party, if practical, and also to a police officer, or in the event that
no police officer is in the vicinity of the place of said injury, then
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such person shall report said incident as soon as physically able to the
nearest police station or judicial officer.
2. Leaving the scene of an incident involving a wheeled non-motorized
means of conveyance OR HUMAN TRANSPORTER without reporting in the second
degree is a violation.
S 13. Section 1241 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
S 1241. Leaving the scene of an incident involving a wheeled non-mo-
torized means of conveyance OR HUMAN TRANSPORTER without reporting in
the first degree. 1. Any person age eighteen years or older operating a
wheeled non-motorized means of conveyance, including, but not limited to
bicycles, in-line skates, roller skates and skate boards, OR HUMAN
TRANSPORTERS, who, knowing or having cause to know, that serious phys-
ical injury, as defined in subdivision ten of section 10.00 of the penal
law, has been caused to another person, due to the operation of such
non-motorized means of conveyance by such person, shall, before leaving
the place where the said serious physical injury occurred, stop, and
provide his name and residence, including street and street number, to
the injured party, if practical, and also to a police officer, or in the
event that no police officer is in the vicinity of the place of said
injury, then such person shall report said incident as soon as phys-
ically able to the nearest police station or judicial officer.
2. Leaving the scene of an incident involving a wheeled non-motorized
means of conveyance OR HUMAN TRANSPORTER without reporting in the first
degree is a class B misdemeanor.
S 14. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 2 of
part DD of chapter 56 of the laws of 2008, are amended to read as
follows:
Whenever proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians, OR HUMAN TRANSPORTER RIDERS or bicyclists, or other than an
adjudication of liability of an owner for a violation of subdivision (d)
of section eleven hundred eleven of this chapter in accordance with
section eleven hundred eleven-a of this chapter, there shall be levied a
crime victim assistance fee and a mandatory surcharge, in addition to
any sentence required or permitted by law, in accordance with the
following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians, OR HUMAN TRANSPORTER RIDERS or bicyclists, or
other than an adjudication of liability of an owner for a violation of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-a of this chapter or other
than an infraction pursuant to article nine of this chapter or other
than an adjudication of liability of an owner for a violation of toll
collection regulations pursuant to section two thousand nine hundred
eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
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laws of nineteen hundred fifty, there shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory surcharge,
in addition to any sentence required or permitted by law, in the amount
of fifty-five dollars.
S 15. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by chapter 190 of the laws of 1990, is amended to read as
follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians, HUMAN TRANSPORTER RIDERS, or bicy-
clists, or other than an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, there shall be levied a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of twenty-five
dollars.
S 16. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter 62 of
the laws of 1989, is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians [or], bicyclists OR HUMAN TRANSPORTER RIDERS,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
S 17. This act shall take effect immediately, provided that the amend-
ments to subdivision 1 of section 1809 of the vehicle and traffic law
made by section fourteen of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 406 of chapter 166
of the laws of 1991, as amended, when upon such date the provisions of
section fifteen of this act shall take effect; provided, further, that
the amendments to subdivision 1 of section 1809 of the vehicle and traf-
fic law made by section fifteen of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, as amended when upon such date the
provisions of section sixteen of this act shall take effect.