NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3104A
SPONSOR: Fahy TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the opera-
tion of bicycles at stop signs and traffic-control signals
PURPOSE OR GENERAL IDEA OF BILL:
This bill would help cyclists share the roadways by giving them greater
flexibility at intersections to yield safely at stop signs rather than
having to make a hard stop. It would also allow cyclists to treat a red
light as a stop sign.
SUMMARY OF PROVISIONS:outlines a stop sign of way.
New section 1231-a is added to the vehicle and traffic law; which under
what circumstances a person operating a bicycle approaching at an inter-
section may either stop or slowdown to yield the right a bicycle
Subsection 2 outlines under what circumstances a person operating may
stop and yield at a red traffic control device.
JUSTIFICATION:
In many parts of New York State, cyclists and drivers share roadways.
Policies that allow cars and bicycles to operate safely in close proxim-
ity are necessary as we take steps to encourage more commuter traffic
via bicycle. Vehicle traffic moves much faster and sometimes more unpre-
dictably than cycle traffic. Cyclists can find themselves at a disadvan-
tage in traffic with safety implications for all road users. The Idaho
Stop, first enacted by the State of Idaho in 1982, allows more flexibil-
ity for cyclists by conserving their momentum and helping to keep them
out of the way of heavy automotive traffic. Most importantly, the Idaho
Stop works. A 2010 study by the University of California Berkeley found
that cycling injuries in the state dropped by 14 percent after the law's
enactment. Giving cyclists greater flexibility at stop signs and stop-
lights will enhance road safety for both cyclists and drivers.
LEGISLATIVE HISTORY:
A9123 2019-20
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
30 days after becoming law
STATE OF NEW YORK
________________________________________________________________________
3104--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
___________
Introduced by M. of A. FAHY, SIMON, GALLAGHER, EPSTEIN, CARROLL, JACK-
SON, HUNTER, MITAYNES, McMAHON, DAVILA -- 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 the opera-
tion of bicycles at stop signs and traffic-control signals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1231-a to read as follows:
3 § 1231-a. Special provisions for bicycles. 1. Notwithstanding any
4 other provision of law, a person operating a bicycle approaching a stop
5 sign shall, before entering the intersection, either slow down to a
6 speed reasonable for existing conditions, or shall stop if required for
7 safety at a clearly marked stop line, but if none, then shall stop
8 before entering the crosswalk on the near side of the intersection, or
9 in the event there is no crosswalk, at the point nearest the intersect-
10 ing highway where such person operating a bicycle has a view of the
11 approaching traffic on the intersecting highway. Such person operating
12 a bicycle shall yield the right of way to any pedestrian legally cross-
13 ing the highway on which they are operating the bicycle, and to any
14 vehicle in the intersection or approaching on another highway so closely
15 as to constitute an immediate hazard during the time such person operat-
16 ing a bicycle is moving across or within the intersection. Provided,
17 however, that if such person operating a bicycle is involved in a colli-
18 sion with a pedestrian in a crosswalk or a vehicle in the intersection
19 after operating a bicycle past a stop sign without stopping, such colli-
20 sion shall be deemed prima facie evidence of their failure to yield the
21 right of way.
22 2. Notwithstanding any other provision of law, except when directed to
23 proceed by a police officer, every person operating a bicycle approach-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04715-04-1
A. 3104--A 2
1 ing a steady circular red signal or red arrow signal of a traffic-con-
2 trol signal shall stop at a clearly marked stop line, but if none, then
3 shall stop before entering the crosswalk on the near side of the inter-
4 section, or in the event there is no crosswalk, at the point nearest the
5 intersecting highway where such person has a view of the approaching
6 traffic on the intersecting highway and, after having stopped may
7 cautiously enter the intersection to proceed straight through or turn
8 left or right unless a sign at such place prohibits either such turn.
9 Such person operating a bicycle shall yield the right of way to pedes-
10 trians within a marked or unmarked crosswalk at the intersection and
11 shall yield to any vehicle which has entered the intersection from
12 another highway or which is approaching so closely on said highway as to
13 constitute an immediate hazard during the time when such person operat-
14 ing a bicycle is moving across or within the intersection.
15 § 2. This act shall take effect on the thirtieth day after it shall
16 have become a law.
