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.
