Assembly Bill A3986

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3986
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY, SIMON, GALLAGHER, EPSTEIN, CARROLL, JACK-
   SON, HUNTER, McMAHON, MITAYNES,  DAVILA,  BURDICK,  GONZALEZ-ROJAS  --
   read once and referred to the Committee on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
   tion of bicycles at stop signs and traffic-control signals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1231-a to read as follows:
   § 1231-A. SPECIAL PROVISIONS  FOR  BICYCLES.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION OF LAW, A PERSON OPERATING A BICYCLE APPROACHING A STOP
 SIGN SHALL, BEFORE ENTERING THE INTERSECTION,  EITHER  SLOW  DOWN  TO  A
 SPEED  REASONABLE FOR EXISTING CONDITIONS, OR SHALL STOP IF REQUIRED FOR
 SAFETY AT A CLEARLY MARKED STOP LINE,  BUT  IF  NONE,  THEN  SHALL  STOP
 BEFORE  ENTERING  THE CROSSWALK ON THE NEAR SIDE OF THE INTERSECTION, OR
 IN THE EVENT THERE IS NO CROSSWALK, AT THE POINT NEAREST THE  INTERSECT-
 ING  HIGHWAY  WHERE  SUCH  PERSON  OPERATING A BICYCLE HAS A VIEW OF THE
 APPROACHING TRAFFIC ON THE INTERSECTING HIGHWAY.  SUCH PERSON  OPERATING
 A  BICYCLE SHALL YIELD THE RIGHT OF WAY TO ANY PEDESTRIAN LEGALLY CROSS-
 ING THE HIGHWAY ON WHICH THEY ARE OPERATING  THE  BICYCLE,  AND  TO  ANY
 VEHICLE IN THE INTERSECTION OR APPROACHING ON ANOTHER HIGHWAY SO CLOSELY
 AS TO CONSTITUTE AN IMMEDIATE HAZARD DURING THE TIME SUCH PERSON OPERAT-
 ING  A  BICYCLE  IS MOVING ACROSS OR WITHIN THE INTERSECTION.  PROVIDED,
 HOWEVER, THAT IF SUCH PERSON OPERATING A BICYCLE IS INVOLVED IN A COLLI-
 SION WITH A PEDESTRIAN IN A CROSSWALK OR A VEHICLE IN  THE  INTERSECTION
 AFTER OPERATING A BICYCLE PAST A STOP SIGN WITHOUT STOPPING, SUCH COLLI-
 SION  SHALL BE DEEMED PRIMA FACIE EVIDENCE OF THEIR FAILURE TO YIELD THE
 RIGHT OF WAY.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EXCEPT WHEN DIRECTED TO
 PROCEED BY A POLICE OFFICER, EVERY PERSON OPERATING A BICYCLE  APPROACH-
 ING  A  STEADY CIRCULAR RED SIGNAL OR RED ARROW SIGNAL OF A TRAFFIC-CON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00429-01-3
              

 A. 3986                             2
 
 TROL SIGNAL SHALL STOP AT A CLEARLY MARKED STOP LINE, BUT IF NONE,  THEN
 SHALL STOP BEFORE ENTERING THE CROSSWALK ON THE NEAR SIDE OF THE  INTER-
 SECTION, OR IN THE EVENT THERE IS NO CROSSWALK, AT THE POINT NEAREST THE
 INTERSECTING  HIGHWAY  WHERE  SUCH  PERSON HAS A VIEW OF THE APPROACHING
 TRAFFIC ON THE  INTERSECTING  HIGHWAY  AND,  AFTER  HAVING  STOPPED  MAY
 CAUTIOUSLY    ENTER THE INTERSECTION TO PROCEED STRAIGHT THROUGH OR TURN
 LEFT OR RIGHT UNLESS A SIGN AT SUCH PLACE PROHIBITS  EITHER  SUCH  TURN.
 SUCH  PERSON  OPERATING A BICYCLE SHALL YIELD THE RIGHT OF WAY TO PEDES-
 TRIANS WITHIN A MARKED OR UNMARKED CROSSWALK  AT  THE  INTERSECTION  AND
 SHALL  YIELD  TO  ANY  VEHICLE  WHICH  HAS ENTERED THE INTERSECTION FROM
 ANOTHER HIGHWAY OR WHICH IS APPROACHING SO CLOSELY ON SAID HIGHWAY AS TO
 CONSTITUTE AN IMMEDIATE HAZARD DURING THE TIME WHEN SUCH PERSON  OPERAT-
 ING A BICYCLE IS MOVING ACROSS OR WITHIN THE INTERSECTION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.