BILL NUMBER:  S6620              REVISED 02/02/10

 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 titles this bill "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 :
Bicycling is not only an effective alternative form of transportation
              

which reduces traffic congestion and pollution, it is also a popular
sporting and recreational activity for many New Yorkers.

The laws of New York State ,need to be amended to afford bicyclists
the proper protections to encourage bicycling as a mode of alternative
transportation and to ensure safety for all riders. Many roads are
constructed with only a narrow shoulder on.either side which results
in motorists passing bicyclists at a very close, often dangerous
range. This precarious condition needs to be alleviated by requiring a
greater degree of caution and distance in every situation where a
vehicle is overtaking one or more bicyclists who are riding on the
shoulder of a road.

According to the National Highway Traffic Safety Administration
(NHTSA), in 2008 there were 42 bicycle-related traffic fatalities in
New York State. In November of 2009, Merrill Cassell, a Westchester
County resident and lifelong bicycle safety advocate was tragically
killed in an accident with a bus while riding his bicycle.

Merrill Cassell is not the only individual who sustained fatal
injuries in this type of accident, but the circumstances were made
even more poignant by the fact that he had been so devoted to
establishing basic safety measures for bicyclists, which are contained
in this legislation. Safety provisions for all bicyclists need to be
established to prevent these types of accidents in the future, and it
is only fitting that this legislation bears the name of a New Yorker
who worked so tirelessly for basic rights and protections for all
bicyclists.

 LEGISLATIVE HISTORY :
New Bill 2010.

 EFFECTIVE DATE :
This act shall take effect immediately.