BILL NUMBER:A10833
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to establishing a three foot buffer zone between a motor vehicle passing
a bicyclist proceeding in the same direction on a highway
PURPOSE: The purpose of this bill is to create a three foot buffer zone
between a vehicle overtaking a bicycle.
SUMMARY OF PROVISIONS: Section 1 of the bill states that this act shall
be known and may be cited as "Merrill's Law."
Section 2 of the bill amends the vehicle and traffic law by adding a new
section 1132 that provides for a three foot buffer zone between a motor
vehicle and bicyclist while passing. This buffer zone will only be
enforceable when circumstances are practicable. Any driver who violates
this section shall be guilty of reckless driving and be guilty of a
misdemeanor.
Section 3 of the bill is the immediate effective date.
JUSTIFICATION: The creation of a three foot "buffer zone" contained in
the provisions of this bill will make the use of bicycle lanes safer by
providing more space between the passenger side of a moving vehicle and
the bicyclist. Violations of this buffer zone will result in similar
penalties to that of a reckless driving charge.
S T A T E O F N E W Y O R K
________________________________________________________________________
10833
I N A S S E M B L Y
April 23, 2010
___________
Introduced by M. of A. SPANO -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
a three foot buffer zone between a motor vehicle passing a bicyclist
proceeding in the same direction on a highway
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
"Merrill's law".
S 2. The vehicle and traffic law is amended by adding a new section
1132 to read as follows:
S 1132. THREE FOOT BUFFER ZONE BETWEEN A VEHICLE OVERTAKING A BICYCLE.
1. THE DRIVER OF A MOTOR VEHICLE OVERTAKING A BICYCLIST PROCEEDING IN
THE SAME DIRECTION ON THE SAME HIGHWAY SHALL, WHEN CIRCUMSTANCES ARE
PRACTICABLE, LEAVE A SAFE DISTANCE OF AT LEAST THREE FEET BETWEEN SUCH
VEHICLE'S PASSENGER SIDE AND THE BICYCLIST WHEN PASSING SUCH BICYCLIST,
AND SHALL MAINTAIN THAT DISTANCE UNTIL SAFELY PAST SUCH BICYCLIST.
2. ANY DRIVER VIOLATING THIS SECTION SHALL BE GUILTY OF RECKLESS DRIV-
ING PURSUANT TO SECTION TWELVE HUNDRED TWELVE OF THIS TITLE, AND SHALL
BE GUILTY OF A MISDEMEANOR.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15169-02-0
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