Assembly Bill A10697

                                BILL NUMBER:A10697

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 roadways by providing that when a vehicle
passes or overtakes a bicyclist or bicyclists, he or she shall leave
a space of not less than three feet between the vehicle and 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 proceeding on
the same side of a roadway from behind, the operator of a vehicle
              

shall pass to the left of the bicycle at a distance of at least three
feet until the vehicle safely clears the bicyclist.

Section three provides the effective date.

JUSTIFICATION: Each year, bicyclists are hurt or
killed while riding
on the right side of the roadway when they are hit by drivers in
vehicles that come too close 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.

Three feet - one yard - is a distance that may be easily visualized by
a driver and provides a clear point of reference. It is a measurable
distance that eliminates ambiguity or individual interpretation of
what is a safe distance. The three foot separation also provides
sufficient space to minimize the adverse impacts of wind blast and
debris kicked up from passing vehicles. It also provides a buffer
between the motorist and the cyclist if 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.
This legislation will not only mandate the necessary room to decrease
accidents, but will also serve to educate the public about the need
for motor vehicles and bicyclists to share our roads safely.

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.