S T A T E O F N E W Y O R K
________________________________________________________________________
4346--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
Introduced by M. of A. STECK, BRONSON, FAHY, GUNTHER, SIMON, WOERNER,
EPSTEIN, GALLAGHER, SEAWRIGHT, CLARK, MAMDANI, FORREST, RAJKUMAR,
OTIS, THIELE, GLICK, LEVENBERG, GONZALEZ-ROJAS, RAGA, SHRESTHA,
SIMONE, L. ROSENTHAL, McDONALD, WALLACE, LUNSFORD, CARROLL, SHIMSKY,
KELLES -- read once and referred to the Committee on Transportation --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to operators of
a vehicle overtaking a bicycle or pedestrian
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1122-a of the vehicle and traffic law, as added by
chapter 413 of the laws of 2010, is amended to read as follows:
§ 1122-a. Overtaking a bicycle OR PEDESTRIAN. [The] (A) FOR CITIES
HAVING A POPULATION OF LESS THAN ONE MILLION AND TOWNS AND VILLAGES, THE
operator of a vehicle overtaking, from behind, a bicycle proceeding on
the same side of a roadway shall pass to the left of such bicycle [at a
safe distance until safely clear thereof] WITH DUE CARE.
(I) FOR PURPOSES OF THIS SECTION, SUCH DUE CARE SHALL INCLUDE, BUT NOT
BE LIMITED TO, MOVING FROM A LANE OR SHOULDER WHICH CONTAINS OR IS IMME-
DIATELY ADJACENT TO THE BICYCLIST TO ANOTHER LANE UNTIL SAFELY CLEAR
THEREOF, PROVIDED THAT SUCH MOVEMENT OTHERWISE COMPLIES WITH THE
REQUIREMENTS OF THIS CHAPTER INCLUDING, BUT NOT LIMITED TO, THE
PROVISIONS OF SECTIONS ELEVEN HUNDRED TEN AND ELEVEN HUNDRED TWENTY-
EIGHT OF THIS CHAPTER.
(II) IF MOVING FROM AN IMMEDIATELY ADJACENT LANE TO ANOTHER LANE WOULD
NOT OTHERWISE COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER, THE OPERATOR
OF SUCH VEHICLE SHALL PASS TO THE LEFT OF SUCH BICYCLE AT A DISTANCE OF
NOT LESS THAN THREE FEET UNTIL SAFELY CLEAR THEREOF.
(III) IF MOVING FROM AN IMMEDIATELY ADJACENT LANE TO ANOTHER LANE OR
PASSING TO THE LEFT OF SUCH BICYCLE AT A DISTANCE OF NOT LESS THAN THREE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04965-05-3
A. 4346--A 2
FEET WOULD NOT OTHERWISE COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER,
THE OPERATOR OF SUCH VEHICLE SHALL ONLY PASS SUCH BICYCLE IF, AFTER
CONSIDERING THE ACTUAL AND POTENTIAL HAZARDS THEN EXISTING, DOING SO IS
REASONABLE AND PRUDENT UNDER THE CONDITIONS.
(B) FOR CITIES HAVING A POPULATION OF LESS THAN ONE MILLION AND FOR
TOWNS AND VILLAGES, THE OPERATOR OF A VEHICLE PASSING A PEDESTRIAN
PROCEEDING ON THE SAME SIDE OF A ROADWAY SHALL PASS TO THE LEFT OF SUCH
PEDESTRIAN BY: (I) MOVING FROM A LANE OR SHOULDER WHICH CONTAINS OR IS
IMMEDIATELY ADJACENT TO THE PEDESTRIAN TO ANOTHER LANE UNTIL SAFELY
CLEAR THEREOF, PROVIDED THAT SUCH MOVEMENT OTHERWISE COMPLIES WITH THE
REQUIREMENTS OF THIS CHAPTER INCLUDING, BUT NOT LIMITED TO, THE
PROVISIONS OF SECTIONS ELEVEN HUNDRED TEN AND ELEVEN HUNDRED TWENTY-
EIGHT OF THIS CHAPTER; OR (II) IF MOVING FROM AN IMMEDIATELY ADJACENT
LANE TO ANOTHER LANE WOULD NOT OTHERWISE COMPLY WITH THE REQUIREMENTS OF
THIS CHAPTER, THE OPERATOR OF SUCH VEHICLE SHALL PASS TO THE LEFT OF
SUCH PEDESTRIAN AT A DISTANCE OF NOT LESS THAN THREE FEET UNTIL SAFELY
CLEAR THEREOF; OR (III) IF MOVING FROM AN IMMEDIATELY ADJACENT LANE TO
ANOTHER LANE OR PASSING TO THE LEFT OF SUCH PEDESTRIAN AT A DISTANCE OF
NOT LESS THAN THREE FEET WOULD NOT OTHERWISE COMPLY WITH THE REQUIRE-
MENTS OF THIS CHAPTER, THE OPERATOR OF SUCH VEHICLE SHALL ONLY PASS SUCH
PEDESTRIAN IF, AFTER CONSIDERING THE ACTUAL AND POTENTIAL HAZARDS THEN
EXISTING, DOING SO IS REASONABLE AND PRUDENT UNDER THE CONDITIONS.
(C) FOR ANY CITY NOT COVERED UNDER THE PROVISIONS OF SUBDIVISION (A)
OF THIS SECTION, THE OPERATOR OF A VEHICLE OVERTAKING, FROM BEHIND, A
BICYCLE PROCEEDING ON THE SAME SIDE OF A ROADWAY SHALL PASS TO THE LEFT
OF SUCH BICYCLE AT A SAFE DISTANCE UNTIL SAFELY CLEAR THEREOF.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.