Bill Text: NY A04346 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to operators of a vehicle overtaking a bicycle or pedestrian outside the city of New York.

Spectrum: Partisan Bill (Democrat 31-1)

Status: (Introduced - Dead) 2024-01-03 - referred to transportation [A04346 Detail]

Download: New_York-2023-A04346-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4346--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section  1. Section 1122-a of the vehicle and traffic law, as added by
     2  chapter 413 of the laws of 2010, is amended to read as follows:
     3    § 1122-a. Overtaking a bicycle or pedestrian.  [The]  (a)  For  cities
     4  having a population of less than one million and towns and villages, the
     5  operator  of  a vehicle overtaking, from behind, a bicycle proceeding on
     6  the same side of a roadway shall pass to the left of such bicycle [at  a
     7  safe distance until safely clear thereof] with due care.
     8    (i) For purposes of this section, such due care shall include, but not
     9  be limited to, moving from a lane or shoulder which contains or is imme-
    10  diately  adjacent  to  the  bicyclist to another lane until safely clear
    11  thereof,  provided  that  such  movement  otherwise  complies  with  the
    12  requirements  of  this  chapter  including,  but  not  limited  to,  the
    13  provisions of sections eleven hundred ten  and  eleven  hundred  twenty-
    14  eight of this chapter.
    15    (ii) If moving from an immediately adjacent lane to another lane would
    16  not otherwise comply with the requirements of this chapter, the operator
    17  of  such vehicle shall pass to the left of such bicycle at a distance of
    18  not less than three feet until safely clear thereof.
    19    (iii) If moving from an immediately adjacent lane to another  lane  or
    20  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

     1  feet  would  not otherwise comply with the requirements of this chapter,
     2  the operator of such vehicle shall only  pass  such  bicycle  if,  after
     3  considering  the actual and potential hazards then existing, doing so is
     4  reasonable and prudent under the conditions.
     5    (b)  For  cities  having a population of less than one million and for
     6  towns and villages, the operator  of  a  vehicle  passing  a  pedestrian
     7  proceeding  on the same side of a roadway shall pass to the left of such
     8  pedestrian by:  (i) moving from a lane or shoulder which contains or  is
     9  immediately  adjacent  to  the  pedestrian  to another lane until safely
    10  clear thereof, provided that such movement otherwise complies  with  the
    11  requirements  of  this  chapter  including,  but  not  limited  to,  the
    12  provisions of sections eleven hundred ten  and  eleven  hundred  twenty-
    13  eight  of  this  chapter; or (ii) if moving from an immediately adjacent
    14  lane to another lane would not otherwise comply with the requirements of
    15  this chapter, the operator of such vehicle shall pass  to  the  left  of
    16  such  pedestrian  at a distance of not less than three feet until safely
    17  clear thereof; or (iii) if moving from an immediately adjacent  lane  to
    18  another  lane or passing to the left of such pedestrian at a distance of
    19  not less than three feet would not otherwise comply  with  the  require-
    20  ments of this chapter, the operator of such vehicle shall only pass such
    21  pedestrian  if,  after considering the actual and potential hazards then
    22  existing, doing so is reasonable and prudent under the conditions.
    23    (c) For any city not covered under the provisions of  subdivision  (a)
    24  of  this  section,  the operator of a vehicle overtaking, from behind, a
    25  bicycle proceeding on the same side of a roadway shall pass to the  left
    26  of such bicycle at a safe distance until safely clear thereof.
    27    § 2. This act shall take effect on the one hundred eightieth day after
    28  it shall have become a law.