Bill Text: NY S01665 | 2025-2026 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced) 2025-01-13 - REFERRED TO TRANSPORTATION [S01665 Detail]

Download: New_York-2025-S01665-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1665

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 13, 2025
                                       ___________

        Introduced  by Sens. HARCKHAM, COONEY, HINCHEY, MARTINEZ, PALUMBO, SALA-
          ZAR, SEPULVEDA -- 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 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
    21  feet would not otherwise comply with the requirements of  this  chapter,
    22  the  operator  of  such  vehicle  shall only pass such bicycle if, after
    23  considering the actual and potential hazards then existing, doing so  is
    24  reasonable and prudent under the conditions.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03888-01-5
        S. 1665                             2

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