NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A852
SPONSOR: Rosenthal (MS) TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to a pedestrian's right of way
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to fill
the gaps in the current law that fail to provide pedestrians the right
of way in several significant situations.
SUMMARY OF SPECIFIC PROVISIONS: The Vehicle and Traffic Law is amended
by modifying §1111, §1112 and §1151 to provide pedestrians the right of
way.
Section 1111 (a) (2) will be amended to require vehicles facing a steady
green arrow signal to yield the right of way to pedestrians within a
marked or unmarked crossway in the adjacent intersection.
Section 1111 (a) (3) will be amended to provide pedestrians the right of
way when they are facing a steady green signal.
Section 1111 (b) (2) will be amended to require vehicles facing a steady
yellow arrow signal to yield the right of way to pedestrians within a
marked or unmarked crossway in the adjacent intersection.
Section 1111 (b) (3) will be amended to provide pedestrians the right of
way when facing a stead yellow signal.
Section 1112 (b) will be amended to provide pedestrians the right of way
when facing a flashing DON'T WALK or upraised hand signal.
Section 1113 (b) will be amended to require vehicles facing a flashing
yellow signal to yield the right of way to all pedestrians crossing at
that intersection.
Section 1151 (a) will be amended to provide pedestrians the right of way
when crossing the roadway within an unmarked crosswalk at an inter-
section.
JUSTIFICATION: Currently, New York State's Vehicle and Traffic Law
provides pedestrians the right of way the majority of appropriate situ-
ations. However, there are several significant gaps in the law. For
example, pedestrians do not have the right of way when crossing at an
intersection that has no traffic-control signal and no demarcated cross-
walk, nor when there is a traffic-control signal but no pedestrian-con-
trol signal. In addition, pedestrians are not given the right of way
when a traffic-control signal is yellow, or when a traffic light pedest-
rian-control signal is flashing "don't walk" or an upraised hand. The
bill will fill these gaps by explicitly providing pedestrians the right
of way in appropriate situations.
PRIOR LEGISLATIVE HISTORY:
A.8601 of 2011-2012
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
