S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1724--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens.  HARCKHAM,  PALUMBO,  SEPULVEDA  -- read twice and
   ordered printed, and when printed to be committed 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
 FEET  WOULD  NOT OTHERWISE COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER,
 THE OPERATOR OF SUCH VEHICLE SHALL ONLY  PASS  SUCH  BICYCLE  IF,  AFTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04965-04-3
 S. 1724--A                          2
              

 
 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.