NY State Assembly Bill 2009-A10833

Assembly Bill A10833

2009-2010 Legislative Session

Establishes a three foot buffer zone between a motor vehicle passing a bicyclist proceeding in the same direction on a highway

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2010	referred to transportation

2009-A10833 (ACTIVE) - Details

See Senate Version of this Bill:: S6620
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1132, V & T L

2009-A10833 (ACTIVE) - Summary

Establishes a three foot buffer zone between a motor vehicle passing a bicyclist proceeding in the same direction on a highway.

2009-A10833 (ACTIVE) - Sponsor Memo

                                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.

Bicycling  is  one  of  the  most  enjoyable hobbies for many Americans.
However, as the cost of oil and fuel have  risen  drastically  over  the
last  several  years,  modes  of  alternative transportation have become
increasingly vital regarding many aspects of everyday life.  Alternative
transportation includes more than taking mass transit or carpooling,  it
now  includes  commuting  by  bike  in an attempt to reduce crowding and
pollution.

Recently, Merrill Cassell, a cycling advocate in Westchester County  was
struck  by  a  bus  on  the  side of a main road in White Plains and was
pronounced dead a short time later. Cassell spent much of his life advo-
cating for greater  access  to  alternative  transportation  and  sought
changes  that  would  encourage and make the use of alternative forms of
transportation easier, making bicycling more than just a hobby.

This bill not only honors the life and work of Merrill  Cassell  but  it
expands  opportunities  for  residents  of  New  York to take change and
improvement into their own hands, much like Merrill did, and  help  make
New York a safer and cleaner place.

LEGISLATIVE HISTORY: New Bill 2010

EFFECTIVE DATE: This act shall take effect immediately.

2009-A10833 (ACTIVE) - Bill Text download pdf

                            
                    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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