Senate Bill S1995A

                                 BILL NUMBER:  S1995

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to operators
of a vehicle overtaking a bicycle from behind

 PURPOSE :

To amend the vehicle and traffic law to allow a safe passing distance
for motorists from bicyclists who share the roadway.

 SUMMARY OF PROVISIONS :

Section 1. Amends subsection (1) of Section 1122-a of the vehicle and
traffic law by adding that when overtaking, from behind, a bicycle
proceeding in the same side of a roadway shall pass to the left of
such bicycle at a minimum distance of three feet when safely able to
do so. Subsection (2) is added stating that in the event of a
collision between a motor vehicle and an individual operating a
bicycle on the same side of a roadway shall be evidence of the
operator's failure to pass such a bicyclist at a minimum distance of
three feet.

 JUSTIFICATION :

              

With the Department of Transportation actively installing bike lanes
on state roadways throughout the state, this legislation is timely and
necessary to support the increased bicycle traffic. A specific
distance, three feet, was chosen in order to provide an easily
understood distance for motorists. Specifying three feet as the
minimum passing distance provides adequate space for bicyclists to
safely travel on the road.

The second key portion of this bill seeks to limit passing maneuver
attempts to instances when the roadway is unobstructed to avoid
potentially dangerous situations for all motorists. The law makes
clear its intention not to authorize passing when it is otherwise
prohibited by law, and states that if the passing maneuver in a
no-passing zone causes injury or death to the bicyclist then such an
act is "prima facie" evidence of the offense, which means that no
further proof is necessary to establish the elements of the violation.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately