S T A T E O F N E W Y O R K
________________________________________________________________________
5128
2017-2018 Regular Sessions
I N S E N A T E
March 9, 2017
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Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
the use of parking lanes to overtake vehicles on the right
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1123 of the vehicle and traffic law, subdivision
(b) as amended by chapter 162 of the laws of 1990, is amended to read as
follows:
§ 1123. When overtaking on the right is permitted. (a) The driver of a
vehicle may overtake and pass upon the right of another vehicle only
under the following conditions:
1. When the vehicle overtaken is making or about to make a left turn;
2. Upon a street or highway with unobstructed pavement not occupied by
parked vehicles of sufficient width for two or more lines of moving
vehicles in each direction;
3. Upon a one-way street, or upon any roadway on which traffic is
restricted to one direction of movement, where the roadway is free from
obstructions and of sufficient width for two or more lines of moving
vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety.
Such movement shall not be made by driving off the pavement or main-
traveled portion of the roadway, OR BY USING A PARKING LANE, except as
permitted by section eleven hundred thirty-one of this article.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10175-01-7