S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   852

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. ROSENTHAL, COOK, BARRON, CASTRO -- Multi-Spon-
  sored by -- M. of A.  GABRYSZAK, GLICK, PERRY, ROBINSON, TITONE, WEIS-
  ENBERG -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to a  pedestri-
  an's right of way

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 2 of subdivision (a) of section 1111 of the vehi-
cle and traffic law, as amended by chapter 269 of the laws of  1984,  is
amended to read as follows:
  2. Traffic, except pedestrians, facing a steady green arrow signal may
cautiously enter the intersection only to make the movement indicated by
such  arrow, or such other movement as is permitted by other indications
shown at the same time, except that a U-Turn  may  be  made  by  traffic
facing  a left green arrow signal unless a sign prohibits such U-Turn or
such U-Turn is in violation of any other provision of law. Such  traffic
shall yield the right of way to other traffic lawfully within the inter-
section  [or  an]  AND  PEDESTRIANS WITHIN A MARKED OR UNMARKED adjacent
cross walk AT THE INTERSECTION at the time such signal is exhibited.
  S 2. Paragraph 3 of subdivision (a) of section 1111 of the vehicle and
traffic law, as amended by chapter 356 of the laws of 1971,  is  amended
to read as follows:
  3.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as
provided in section eleven hundred twelve OF THIS  ARTICLE,  pedestrians
facing  any  steady green signal, except when the sole green signal is a
turn arrow, SHALL HAVE THE RIGHT-OF-WAY AND may proceed across the road-
way within any marked or unmarked crosswalk.
  S 3. Paragraphs 2 and 3 of subdivision (b)  of  section  1111  of  the
vehicle  and traffic law, as amended by chapter 356 of the laws of 1971,
are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05038-01-3

A. 852                              2

  2. Traffic, except pedestrians, facing a steady  yellow  arrow  signal
may  cautiously  enter  the  intersection  only to complete the movement
indicated by such arrow or make such other movement as is  permitted  by
other  indications  shown  at  the  same  time; however, said traffic is
thereby warned that the related green arrow movement is being terminated
or  that a red indication will be exhibited immediately thereafter. SUCH
TRAFFIC SHALL YIELD THE RIGHT-OF-WAY TO PEDESTRIANS WITHIN A  MARKED  OR
UNMARKED  CROSSWALK  AT  THE  INTERSECTION AND TO OTHER TRAFFIC LAWFULLY
USING THE INTERSECTION.
  3.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as
provided  in  section eleven hundred twelve OF THIS ARTICLE, pedestrians
facing any steady yellow signal are thereby advised that there is insuf-
ficient time to cross the roadway before a red indication is  shown  and
no  pedestrian shall then start to cross the roadway. REGARDLESS OF WHEN
A PEDESTRIAN STARTS TO CROSS THE ROADWAY, ALL PEDESTRIANS SHALL BE GIVEN
THE RIGHT-OF-WAY BY ALL OTHER TRAFFIC  WHEN  FACING  ANY  STEADY  YELLOW
LIGHT.
  S  4. Subparagraph a of paragraph 2 of subdivision (d) of section 1111
of the vehicle and traffic law, as separately amended  by  chapters  230
and 420 of the laws of 1980, is amended to read as follows:
  a.  Traffic  facing  a steady circular red signal may cautiously enter
the intersection to make a right turn  after  stopping  as  required  by
paragraph  one of this subdivision, except that right turning traffic is
not required to stop when a steady right green arrow signal is shown  at
the  same time. Such traffic shall yield the right-of-way to pedestrians
within a marked or unmarked crosswalk at the  intersection  and  to  ALL
other traffic lawfully using the intersection;
  S  5. Section 1112 of the vehicle and traffic law, as amended by chap-
ter 228 of the laws of 1987, is amended to read as follows:
  S 1112. Pedestrian-control signal  indications.  Whenever  pedestrians
are controlled by pedestrian-control signals exhibiting the words "WALK"
or  "DON'T  WALK", or exhibiting symbols of a walking person or upraised
hand, such signals shall indicate and apply to pedestrians as follows:
  (a) Steady WALK or walking person. Pedestrians facing such signal  may
proceed  across  the roadway in the direction of the signal and shall be
given the right of way by ALL other traffic.
  (b) Flashing DON'T WALK or upraised hand. No pedestrian shall start to
cross the roadway in the direction of such signal, but  any  pedestrians
who  have  partially  completed  their  crossing  on the WALK or walking
person signal shall proceed to a sidewalk or  safety  island  while  the
flashing  DON'T  WALK  or upraised hand signal is showing. REGARDLESS OF
WHEN A PEDESTRIAN STARTS TO CROSS THE ROADWAY, ALL PEDESTRIANS SHALL  BE
GIVEN  THE RIGHT-OF-WAY BY ALL OTHER TRAFFIC WHILE A FLASHING DON'T WALK
OR UPRAISED HAND SIGNAL IS SHOWING.
  (c) Steady DON'T WALK or upraised hand. No pedestrians shall start  to
cross  the  roadway in the direction of such signal, but any pedestrians
who have partially completed their  crossing  on  the  WALK  OR  WALKING
PERSON  or  flashing  DON'T  WALK OR FLASHING UPRAISED HAND signal shall
proceed to a sidewalk or safety island while the steady  DON'T  WALK  OR
UPRAISED HAND signal is showing.
  S  6.  Subdivision (b) of section 1113 of the vehicle and traffic law,
as amended by chapter 722 of the laws of 2006, is  amended  to  read  as
follows:
  (b)  Flashing  yellow indications. Vehicular traffic facing a circular
yellow signal or  yellow  arrow  with  rapid  intermittent  flashes  may
proceed  through the intersection or past such signal only with caution.

A. 852                              3

SUCH TRAFFIC SHALL YIELD THE RIGHT-OF-WAY TO PEDESTRIANS WITHIN A MARKED
OR UNMARKED CROSSWALK AT THE INTERSECTION.
  S  7.  Subdivision (a) of section 1151 of the vehicle and traffic law,
as amended by chapter 159 of the laws of 2002, is  amended  to  read  as
follows:
  (a)  When traffic-control signals are not in place or not in operation
the driver of a vehicle shall yield the right of way,  slowing  down  or
stopping  if  need  be to so yield, to a pedestrian crossing the roadway
within a crosswalk OR AT ANY UNMARKED CROSSWALK AT  AN  INTERSECTION  on
the  roadway upon which the vehicle is traveling, except that any pedes-
trian crossing a roadway at a point where a pedestrian tunnel  or  over-
pass has been provided shall yield the right of way to all vehicles.
  S  8.  This  act shall take effect on the thirtieth day after it shall
have become a law.