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Sharing the Road Safely: New York State pedestrian, bicycle, and in-line skating laws made simple.

Common questions and answers

Tips for motorists

Relevant sections of the NYS vehicle and traffic law



Commuter & Parking Services
116 Maple Ave.
Ithaca, NY 14850
TEL: 607 255-PARK
FAX: 607 255-0257
transportation@cornell.edu

In New York State, more adults and children are walking, bicycling, and in-line skating than ever before. To be as safe as possible, pedestrians, bicyclists, and in-line skaters should be familiar with the sections of the New York State Vehicle and Traffic Law that apply to them. The plain-English version of these rules of the road for pedestrians, bicyclists, and in-line skaters on public highways and paths appears directly below in question-and-answer format. Each answer is followed by a link to the appropriate section of law (for the very curious, the full text of these laws appears at the bottom of this page).

Motorists also are reminded to obey the law and to share the road with pedestrians, bicyclists, and in-line skaters.

Common questions about pedestrian, bicycle, & in-line skating laws:
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Answers

Which traffic laws apply to bicyclists and in-line skaters?

The same laws that apply to a driver of a vehicle, with some obvious exceptions and special rules, apply to cyclists and in-line skaters. Most importantly, bicyclists and skaters must obey, and are also protected by, the rules of the road. Likewise, motorists must obey the rules of the road with respect to bicyclists and in-line skaters (Sec. 1231).Bicyclists and in-line skaters must obey all traffic signals, signs and pavement markings. They must also signal for turns whether driving on a roadway, a bike lane or bike path.

Bicyclists and in-line skaters who violate the law are subject to traffic tickets. Parents can be held responsible for violations by their minor children (Sec. 1230).

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Which traffic laws apply to pedestrians?

Pedestrians must obey traffic control signals, signs and pavement markings when they are crossing a street (Sec. 1150).

Pedestrians are not allowed on expressways or interstate highways. (Sec. 1229-a).

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What law governs crosswalks?

When there is no traffic control signal, drivers must yield the right-of-way to pedestrians, particularly if a pedestrian is in a crosswalk on the same side of the road, or there is potential danger to the pedestrian. (Sec. 1151).

In addition, every driver approaching an intersection or crosswalk, must yield the right-of-way to a pedestrian accompanied by a guide dog or a cane (Sec. 1153).

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What if there is not a crosswalk?

If there is no crosswalk, sign or signal at midblock locations, a pedestrian must yield the right-of-way to all vehicles on the roadway (Sec. 1152).

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What about sidewalks?

The driver of a vehicle, when entering or exiting from an alleyway, building, private road or driveway, must yield the right-of-way to any pedestrian on a sidewalk. (Sec. 1151-a).Pedestrians are required to use sidewalks where they are provided and safe to use. When sidewalks are not provided, a pedestrian is required to walk on the left side of the roadway facing traffic (Sec. 1156).In-line skaters and bicyclists are required to come to a full stop before entering a roadway from any private road, driveway, alley or curb, traffic (Sec. 1234(c)) and should always yield to pedestrians traffic (Sec. 1151-a).

Currently, some localities prohibit bicycling on sidewalks. Please familiarize yourself with your area's rules of the road and follow them.

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What signals must bicyclists use for turns and stops?

To indicate a left turn, extend the left hand and arm to the left, horizontally. To indicate a right turn, extend the right hand and arm to the right, horizontally OR extend the left arm and hand horizontally and bend it up at the elbow (Sec. 1237).


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On what roads are bicycling and in-line skating permitted?

Bicyclists and in-line skaters have the legal right to share the road on most public highways, but they are prohibited on interstate highways and expressways (Sec. 1229-a of the Vehicle and Traffic Law and Sec. 316 of the Highway Law). In addition, authorities with jurisdiction over other controlled-access highways may prohibit bicycles (Sec. 109, and Sec. 1621(a)(2), 1641(1) and 1660(12)).

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Must bicyclists and in-line skaters ride with traffic traffic?

The law requires that bicyclists ride and in-line skaters glide with traffic (Sec. 1234(a)). Bicycling and skating against traffic are leading causes of crashes. Moving with traffic makes bicyclists and in-line skaters more visible, and their movements more predictable to motorists. Riding or gliding with traffic also prevents interference with the flow of traffic and pedestrians.

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Where on the road may a bicyclist ride and an in-line skater glide?

If there is usable bicycle or in-line skating lane, the bicyclist and skater must use it. If there is no lane, or it is unusable due to parked cars or other hazards, the bicyclist may ride and the in-line skater may glide either on the right shoulder, or near the right edge or curb of the roadway. A bicyclist or in-line skater may move further left to avoid hazards such as parked cars or debris, or to turn left, but the bicyclist and in-line skater must avoid undue interference with other traffic (Sec. 1234(a)).

A path is separate from the roadway, and a bicyclist or in-line skater may use either the path or the roadway (Sec. 1234(a)). In some cases, a roadway may be safer than a nearby bicycle or in-line skating path, as well as more convenient.

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May bicyclists ride and in-line skaters glide side-by-side on a roadway?

Yes. They may drive two abreast on roadways, but they must ride or skate single file when being overtaken by other vehicles. Bicyclists and in-line skaters may only travel more than two abreast on a shoulder, lane or path intended for bicycling and skating use if there is sufficient space. However, they must be single file when passing vehicles, pedestrians and other bicyclists or in-line skaters (Sec. 1234(b)).

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How should a bicyclist and in-line skater prepare for turns at intersections?

Generally, bicyclists and in-line skaters should use the same through or turning lanes as motorists. However, a bicyclist may choose to dismount and use the pedestrian crosswalk, especially in heavy traffic. After crossing at an intersection, a bicyclist and in-line skater should move to a usable right-hand shoulder or to the right side of the right-hand lane.The position a bicyclist and in-line skater takes in preparing for a turn is governed by the general bicycle position rule (Sec. 1234(a)) and the turning rules that apply to other traffic (Sec. 1160). Since turning positions for other vehicles may be dangerous for bicyclists, (Sec. 1234(a)) allows for safer positioning. A bicyclist and in-line skater should move to the center of the lane when preparing for either a right or left turn, to prevent a following motorist from sharing the lane. It can be very dangerous for a bicyclist or in-line skater to turn while sharing a lane with a motorist.

If there is more than one left turn lane, use the one furthest to the right. After any left turn, move to the right as soon as it is safe to do so.

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Is a motorist required to treat bicyclists and in-line skaters any differently than a motorist?

The motorist must always remember that cyclists and in-line skaters have the same rights and responsibilities as drivers of motor vehicles, and motorists are required to exercise "due care" to avoid colliding with bicyclists and in-line skaters (Sec. 1146). As a safety measure, motorists should make scanning for bicyclists and in-line skaters second nature, give cyclists and in-line skaters plenty of clearance when passing them, and give them the right-of-way when appropriate.

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Does the law require helmet use?

Effective June 1, 1994, all bicyclists under the age of fourteen are required to wear approved bicycle helmets when they are operators or passengers on bicycles (Sec. 1238 (5)). Child passengers one through four must wear approved bicycle helmets and ride in specially designed child safety seats. Children under one year old are prohibited from being transported on a bicycle (Sec. 1238 (1)(2)).Effective January 1, 1996, in-line skaters under the age of fourteen are required to wear approved bicycle helmets (Sec. 1238 5-a).Any person who violates these provisions is subject to a fine of up to $50 dollars (Sec. 1238 (3), (6) (a)).Any parent or guardian whose child violated the helmet law is subject to a fine of up to $50 (Sec. 1238 (8)).Certain localities within the State of New York have passed local ordinances regarding helmet use. For example, Rockland and Erie Counties require all people riding bicycles on county property, regardless of age, to wear an approved bicycle helmet.

Every bicyclist, regardless of age, should wear an approved helmet. Helmets significantly reduce the risk of sustaining a serious head injury. A helmet should fit squarely on top of the head in a level position and cover the ttop of the forehead extending down to about an inch above the eyebrows. The helmet should not be able to slide back and forth on the head or rock from side to side.

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What equipment is required on bicycles?

A bicycle must be equipped with:

  • A brake which is capable of making the bike tires skid on dry, level pavement (Sec. 1236(c)). A bell, horn or other device that can be heard at least a hundred feet away. Sirens and whistles are not permitted. (Sec. 1236(b)).
  • Bicycles driven between a half-hour after sunset and a half-hour before sunrise must be equipped with a white front headlight visible in darkness for at least 500 feet, and a red taillight visible for at least 300 feet. One of these lights must also be visible on each side for at least 200 feet (Sec. 1236(a)).
  • A bicycle, when purchased new and/or driven at night, must have reflective tires, or wide-angle, spoke-mounted reflectors. Reflectors must be colorless or amber for front wheels, and colorless or red for rear wheels (Sec. 1236(d)).
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Are there any equipment requirements for in-line skating?

In-line skate manufacturers are required to put warning labels on skates urging users to wear protective gear and they are required to equip skates with a stopping device. In addition, retailers who sell in-line skates are also required to sell protective gear such as helmets, elbow and knee pads and wrist guards. (General Business Law 391-m.).

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What other laws apply to bicyclists and skaters?

As a bicyclist, the law also requires you to:

  • Report to the DMV within 10 days a bicycle accident involving death or serious injury (Sec. 605(b)). If no motor vehicle was involved, use a bicycle accident report (MV-104C). If a motor vehicle was involved, use a motor vehicle accident report (MV-104A). Forms are available at motor vehicle offices. Parents may file on behalf of minor children. Sit on the bike seat, not the fender or handlebars. Keep feet on the pedals, and never carry more people on the bike than the number for which it was designed (Sec. 1232). Keep at least one hand on the handlebar at all times (Sec. 1235). Never attach yourself or your bike to another vehicle on the roadway (Sec. 1233). Never drive a bicycle with a motor attached on any public highway except as defined by (Sec. 2268). Never wear more than one earphone attached to a radio, tape player or other audio device (Sec. 375 (24-a)). As an in-line skater, the law states: In-line skaters are prohibited from carrying any package, bundle or article which obstructs their vision in any direction(Sec. 1235).
  • No in-line skater shall skate or glide outside during the period of time between one-half hour after sunset to one-half hour before sunrise unless they are wearing an outer jacket or other clothing made of laminated or reflective material, which is of a light or bright color. Wearing bright colors when walking at dusk or dawn and carrying a flashlight is also a good safety precaution for pedestrians (Sec. 1238 (10)).
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Are police cyclists exempt from these laws?

Police cyclists must obey all vehicle and traffic laws. However, during operation as an emergency vehicle (Sec. 101), they may disregard certain regulations. Such operation must be performed with due care and not endanger the safety of others (Sec. 1104.).

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Tips for Motorists

Motorists too, have a responsibility to act in ways to make the road safer for all users. The following are several points for you, the motorist to consider as you share the road with cyclists and pedestrians and in-line skaters (see also on-line version of the Cornell publication Crossing Campus):

  • At intersections, be especially alert for pedestrians, particularly children and seniors, approaching from the opposite direction. Children often "dart out" into the road.
    Watch for pedestrians at night and along rural roads.
    Please watch your speed! Speed kills and is a particular risk to pedestrians. Always obey the speed limit, especially in residential neighborhoods and school zones.
    As motorists, we're conditioned to watch for large objects, such as vans and tractor trailers. Although cyclists and in-line skaters are no bigger than pedestrians, we need to expect them both on the roadway. Make scanning for cyclists, pedestrians and in-line skaters second nature.
    Don't blast your horn when approaching bicyclists, in-line skaters and pedestrians. You could startle them and cause an accident. A gentle "toot" from several hundred feet back may be acceptable if the cyclist, in-line skater and/or pedestrian appears unaware of your approach.
    Don't assume cyclists should position themselves on the road as far to the right as possible. Smart cyclists plot a line straight down the roadway 3-4 feet from the curb or parked cars. This allows them space to avoid road hazards and to be more visible to motorists and pedestrians.
    Allow plenty of space when passing a bicyclist or skater. Just as the wind produced by a passing tractor-trailer can pull a car off course, so too can a passing car cause a cyclist or skater to swerve out of control.
    When passing by a cyclist or in-line skater, check over your shoulder to make sure you have allowed adequate distance before merging back in or attempting a right hand turn. Experienced bicyclists can ride 20-25 mph and may be closer than you think.
    New York State law requires motorists to change lanes to pass cyclists and in-line skaters if they can't safely do so while staying in the same lane. This means that on curving, narrow roads you should slow down and remain behind the cyclist or in-line skater until you can see far enough down the left-hand lane to pull out and clear the cyclist or skater safely.
    Be aware that when a road is too narrow for cars and bikes to ride safely side by side, bicyclists should ride in or near the center of the lane to discourage motorists from trying to pass.
    Some roads have bike or in-line skate lanes. Cyclists and in-line skaters are required to use these lanes, but may enter into your lane in order to execute a left turn or to avoid a hazard.
    Use caution at intersections. A motorist's unexpected turn into the cyclist's travel lane is a common cause of bike-motor vehicle crashes.
  • Motorists should use eye contact to acknowledge the presence of a bicyclist or in-line skater, who has stopped at an intersection, or a pedestrian, who is waiting to cross the street, and yield to them when appropriate.

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Sections of the NYS Vehicle and Traffic Law pertaining to bicyclists, in-line skaters, and pedestrians
Definitions
Earphones
Accident Reports
Emergency Vehicle
Due Care
Turns
Restricted Highways
Operation of Bicycles - Article 34
Pedestrians' Rights and Duties - Article 27
General Business Law
For More Information
Definitions
    Section 101: Authorized emergency vehicle
    Every ambulance, police vehicle or bicycle, correction vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, environment emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle and ordnance disposal vehicle of the armed forces of the United States.
    Section 102: Bicycle
    Every two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children.
    Section 102-a: Bicycle lane
    A portion of the roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicycles.
    Section 102-b: Bicycle path
    A path physically separated from motorized vehicle traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way and which is intended for the use of bicycles.
    Section 109: Controlled-access highway
    Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right or access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
    Section 118: Highway
    The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
    Section 130: Pedestrian
    Any person afoot or in a wheelchair.
    Section 140: Roadway
    That portion of a highway improved, designed, marked, or ordinarily used for vehicular travel, exclusive of the shoulder and slope. In the event a highway includes two or more separate roadways the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively.
    Section 140-a: In-line skate
    A manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of such upper portion, with such frame or chassis holding two or more wheels that are longitudinally aligned and used to skate or glide, by means of human foot and leg power while having such device attached to each such foot or leg.
    "Brake" shall mean a part which is secured to an in-line skate, as defined in paragraph (b) of subdivision one of section 391-m of the general business law and intended to enable the user to control his or her speed and/or come to a stop.

    "Warning instruction" shall mean a label, hang-tag, shield or plate with substantially the following notice printed in clear and conspicuous type: "WARNING! REDUCE THE RISK OF SERIOUS INJURY, AND ONLY USE THESE SKATES WHILE WEARING FULL PROTECTIVE GEAR - HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS."
    Section 140-b: Roller skate
    A manufactured or assembled device consisting of a frame or shoe having clamps or straps or both for fastening, with a pair of small wheels near the toe and another pair at the heel mounted or permanently attached thereto, for skating or gliding by means of human foot and leg power.
    Section 143-a: Shoulder
    That improved portion of a highway contiguous with the roadway.
    Section 159: Vehicle
    Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

Earphones

Section 375 (24-a). It shall be unlawful to operate upon any public highway in this state a motor vehicle, limited use automobile, limited use motorcycle or bicycle while the operator is wearing more than one earphone attached to a radio, tape player or other audio device.



Accident Reports

Section 605. Report required upon accident.
(b) Every person operating a bicycle which is in any manner involved in an accident on a public highway in this state in which any person is killed, other than the operator, or suffers serious physical injury as defined pursuant to subdivision ten of Section 10.00 of the penal law, shall within ten days after such operator learns of the fact of such death or serious physical injury, report the matter in writing to the commissioner. If such operator is physically incapable of making such report within ten days, he or she shall make the report immediately upon recovery from the physical incapacity. Is such operator is an unemancipated minor who is incapable of making such report for any reason, the parent or guardian of such operator shall make such report within ten days after learning of the fact of such accident. Every such operator of a bicycle, or parent or guardian of such unemancipated minor operator, shall make such other and additional reports as the commissioner shall require.



Emergency Vehicle

    Section 1104 (c)
    Except for an authorized emergency vehicle operated as a police vehicle or bicycle, the exemptions herein granted to an authorized emergency vehicle shall apply only when audible signals are sounded from any said vehicle while in motion by bell, horn, siren, electronic device or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp so that from any direction under normal atmospheric conditions from a distance of five hundred feet from such vehicle, at least one red light will be displayed and visible.
    Section 1104 (d)
    An authorized emergency vehicle operated as a police, sheriff or deputy sheriff vehicle may exceed the maximum speed limits for the purpose of calibrating such vehicles' speedmeter. Notwithstanding any other law, rule or regulation to the contrary, a police, sheriff or deputy sheriff bicycle operated as an authorized emergency vehicle shall not be prohibited from using any sidewalk, highway, street or roadway during an emergency operation.



Due Care

    Section 1146: Drivers to exercise due care
    Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway and shall give warning by sounding the horn when necessary.

 


Turns

    Section 1160: Required position and method of turning at intersections
    The driver of the vehicle intending to turn at an intersection shall do so as follows:
    (a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway or, where travel on the shoulder or slope has been authorized, from the shoulder or slope.
    (b) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
    (c) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane of the roadway lawfully available to traffic moving in the direction of travel of such vehicle or, where travel on the shoulder or slope has been authorized, from the shoulder or slope, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
    (d) When markers, buttons, signs, or other markings are placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this Section be traveled by vehicles turning at an intersection, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, signs, or other markings.

 


Restricted Highways

    Section 1229-a: No person, unless otherwise directed by a police officer, shall:
    (a) As a pedestrian, occupy any space within the limits of a state expressway highway or state interstate route highway, including the entrances thereto and exits therefrom, except: in a rest area, parking area, or scenic overlook; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle or to obtain assistance; where a sidewalk, footpath or pedestrian crossing of such highway is provided;
    (b) Occupy any space of a state expressway, highway or state interstate route highway, including the entrances thereto and exits therefrom, with: an animal-drawn vehicle; herded animals; a pushcart; a bicycle; except in the performance of public works or official duties, or on paths or parts of such highway provided for such uses.
    Highway Law, Section 316. Entitled to free use of highway
    The authorities having charge or control of any highway, public street, park, parkway, driveway, or place shall have no power or authority to pass, enforce or maintain any ordinance, rule of regulation by which any person using a bicycle or tricycle shall be excluded or prohibited from the free use of any highway, public street, avenue, roadway, driveway, parkway, park, or place, at any time when the same is open to the free use of persons having and using other pleasure carriages, except upon such driveway, speedway or road as has been or may be expressly set apart by law for the exclusive use of horses and light carriages. But nothing herein shall prevent the passage, enforcement or maintenance of any regulation, ordinance or rule, regulating the use of bicycles or tricycles in highways, public streets, driveways, parks, parkways, and places, or the regulation of the speed of carriages, vehicles or engines, in public parks and upon parkways and driveways in the city of New York, under the exclusive jurisdiction and control of the department of parks and recreation of said city, nor prevent any such authorities in any other city from regulating the speed of any vehicles herein described in such a manner as to limit and determine the proper rate of speed with which such vehicle may be propelled nor in such manner as to require, direct or prohibit the use of bells, lamp and other appurtenances nor to prohibit the use of any vehicle upon that part of the highway, street, park, or parkway, commonly known as the footpath or sidewalk.


Operation of Bicycles-Article 34

Section 1230: Effect of regulations
(a) The parent of any child and the guardian of any ward shall not authorize or knowlingly permit any such child or ward to violate any of the provisions of this article.
(b) These regulations applicable to bicycles or to in-line skates shall apply whenever a bicycle is, or in-line skates are, operated upon any highway, upon private roads open to public motor vehicle traffic and upon any path set aside for the exclusive use of bicycles, or in-line skates, or both.
Section 1231: Traffic laws apply to persons riding bicycles or skating or gliding on in-line skates
Every person riding a bicycle or skating or gliding on in-line skates upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this article and except as to those provisions of this title which by their nature can have no application.
Section 1232: Riding on bicycles
(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals.

(b)
No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
Section 1233: Clinging to vehicles
1) No person riding upon any bicycle, coaster, in-line skates roller skates, sled or toy vehicle shall attach the same or himself to any vehicle being operated upon a roadway.
2) No person shall ride on or attach himself to the outside of any vehicle being operated upon a roadway.
The provisions of this Section shall not apply to: i) vehicles in an emergency operation as defined in Section one hundred fourteen-b of this chapter; and ii) farm type tractors used exclusively for agricultural purposes or other farm equipment; and iii) riding on the open, uncovered cargo area of a truck with the permission of the operator of such truck; and iv) vehicles employed by a municipality for local garbage collection; and
v) vehicles participating in a parade pursuant to a municipal permit.
3) No vehicle operator shall knowingly permit any person to attach any device or himself to such operator's vehicle in violation of subdivision one or subdivision two of this Section.
Section 1234: Riding on roadways, shoulders, bicycle or in-line skate lanes and bicycle or in-line skate paths
(a) Upon all roadways, any bicycle or in-line skate shall be driven either on a usable bicycle or in-line skate lane or, if a usable bicycle or in-line skate lane has not been provided, near the right-hand curb or edge of the roadway or upon a usable right- hand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, in-line skates, pedestrians, animals, surface hazards or traffic lanes too narrow for a bicycle or person on in-line skates and a vehicle to travel safely side-by-side within the lane.
(b) Persons riding bicycles or skating or gliding on in-line skates upon a roadway shall not ride more than two abreast. Persons riding bicycles or skating or gliding on in-line skates upon a shoulder, bicycle or in-line skate lane or bicycle or in-line skates path intended for the use of bicycles or in-line skates may ride two or more abreast if sufficient space is available, except when passing a vehicle, bicycle or person on in-line skates or pedestrian standing or proceeding along such shoulder, lane or path, persons riding bicycles or skating or gliding on in-line skates shall ride, skate, or glide single file. Persons riding bicycles or skating or gliding on in-line skates upon a roadway shall ride, or skate, or glide single file when being overtaken by another vehicle.
(c) Any person operating a bicycle or skating or gliding on in-line skates who is entering the roadway from a private road, driveway, alley or over a curb shall come to a full stop before entering the roadway.
Section 1235: Carrying articles
No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars. No person skating or gliding on in-line skates shall carry any package, bundle, or article which obstructs his or her vision in any direction.

Section 1236: Lamps and other equipment on bicycles
(a) Every bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible during hours of darkness from a distance of at least five hundred feet to the front and with a red light visible to the rear for three hundred feet. Effective July first, nineteen hundred seventy-six, at least one of these lights shall be visible for two hundred feet from each side.
(b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
(c) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
(d) Every new bicycle shall be equipped with reflective tires or, alternately, a reflex reflector mounted on the spokes of each wheel, said tires and reflectors to be of types approved by the commissioner. The reflex reflector mounted on the front wheel shall be colorless or amber, and the reflex reflector mounted on the rear wheel shall be colorless or red.
(e) Every bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with reflective devices or material meeting the standards established by rules and regulations promulgated by the commissioner; provided, however, that such standards shall not be inconsistent with or otherwise conflict with the requirements of subdivisions (a) and (d) of this Section.
Section 1237: Method of giving hand and arm signals by bicyclists
All signals herein required to be given by bicyclists by hand and arm shall be given in the following manner and such signals shall indicate as follows: 1) Left turn. Left hand and arm extended horizontally.
2) Right turn. Left hand and arm extended upward, or right hand and arm extended horizontally.
3) Stop or decrease speed. Left hand and arm extended downward.
Section 1238: Passengers on bicycles under one year of age prohibited; passengers and operators under fourteen years of age to wear protective headgear.
1) No person operating a bicycle shall allow a person who is under one year of age to ride as a passenger on a bicycle nor shall such person be carried in a pack fastened to the operator. A first violation of the provisions of this subdivision shall result in no fine. A second violation shall result in a civil fine not to exceed fifty dollars.
2) No person operating a bicycle shall allow a person one or more years of age and less than five years of age to ride as a passenger on a bicycle unless:
(a) such passenger is wearing a helmet meeting the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling. For the purposes of this subdivision wearing a helmet means having a helmet of good fit fastened securely upon the head with the helmet straps; and
(b) such passenger is placed in a separate seat attached to the bicycle and such seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.
3) Any person who violates the provisions of subdivision two of this section shall pay a civil fine not to exceed fifty dollars.
4) The court shall waive any fine for which a person who violates the provisions of paragraph (a) of subdivision two of this section would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a helmet which meets the requirements of paragraph (a) of subdivision two of this section. Further, the court shall waive any fine for which a person who violates the provisions of paragraph (b) of subdivision two of this section would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a seat which meets the requirements of paragraph (b) of subdivision two of this section. The court may waive any fine for which a person who violates the provisions of subdivision two of this section would be liable if the court finds that due to reasons of economic hardship such person was unable to purchase a helmet or seat. Such waiver of fine shall not apply to a second or subsequent conviction under paragraph (a) or (b) of subdivision two of this section.
5)
(a) No person operating a bicycle shall allow a person five or more years of age and less than fourteen years of age to ride as a passenger on a bicycle unless such passenger is wearing a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling.
(b) No person, one or more years of age and less than fourteen years of age, shall operate a bicycle unless such person is wearing a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling.
(c) For the purposes of this subdivision wearing a helmet means having a helmet of good fit fastened securely upon the head with the helmet straps.
5-a) No person, one or more years of age and less than fourteen years of age, shall skate or glide on in-line skates unless such person is wearing a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards), the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling, or the American Society of Testing and Materials (ASTM) bike helmet standards. For the purposes of this subdivision, wearing a helmet means having a helmet of good fit fastened securely on the head of such wearer with the helmet straps securely fastened.
6)
(a) Any person who violates the provision of subdivision five of this section shall pay a civil fine not to exceed fifty dollars. (b) The court shall waive any fine for which a person who violates the provision of subdivision four of this section would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a helmet.
(c) The court may waive any fine for which a person who violates the provisions of subdivision five or five-a of this section would be liable if the court finds that due to reasons of economic hardship such person was unable to purchase a helmet or due to such economic hardship such person was unable to obtain a helmet from the statewide in-line skate and bicycle helmet distribution program, as established in section two hundred six of the public health law, or a local distribution program.
7) The failure of any person to comply with the provisions of this section shall not constitute contributory negligence or assumption of risk, and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person, nor in any way diminish or reduce the damages recoverable in any such action.
8) A police officer shall only issue a summons for a violation of subdivision two, five or five-a of this section to a parent or guardian of a person less than fourteen years of age if the violation by such person occurs in the presence of such person's parent or guardian and where such parent or guardian is eighteen years of age or more. Such summons shall only be issued to such parent or guardian, and shall not be issued to the person less than fourteen years of age.
9) Subdivisions five, five-a and six of this section shall not be applicable to any county, city, town or village that has enacted a local law or ordinance prior to the effective date of this act that prohibits a person who is one or more years of age and less than fourteen years of age from operating a bicycle or skating or gliding on in-line skates without wearing a bicycle helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards), the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling, or the American Society of Testing and Materials (ASTM) bike helmet standards, or that prohibits a person operating a bicycle from allowing a person five or more years of age and less than fourteen years of age to ride as a passenger on a bicycle unless such passenger is wearing a bicycle helmet that meets such standards. The failure of any person to comply with any such local law or ordinance shall not constitute contributory negligence or assumption of risk, and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person, nor in any way diminish or reduce the damages recoverable in any such action. The legislative body of a county, city, town or village may enact a local law or ordinance that prohibits a person who is fourteen or more years of age from skating or gliding on in-line skates or from operating or riding as a passenger on a bicycle without wearing a bicycle helmet.
10) No person shall skate or glide on in-line skates outside during the period of time between one-half hour after sunset and one-half hour before sunrise unless such person is wearing readily visible reflective clothing or material which is of a light or bright color.
Note: Public Health Law, Section206, authorizes the NYS Commissioner of Health to establish a statewide bicycle helmet public education and awareness program and a statewide bicycle helmet distribution program for persons who can demonstrate an economic hardship that precludes them from purchasing a helmet.

Local Authority

Sections 1621(a)(2), 1641(1), and 1660(12) give the state Department of Transportation, cities and villages, and towns, respectively, the authority to "Prohibit, restrict or regulate the operation of vehicles on any controlled-access highway or the use of any controlled-access highway by any limited use vehicle, pedestrian, horseback rider or vehicle or device moved by human or animal power."
Sections 1641(6), 1650(6) and 1660(2) allow cities and villages, a county superintendent of highways and a town board, respectively, the authority to: "Order signs or markings to identify the portion of the highway to be used for bicycle travel."
Motorized Bicycles
Section 2268. Motor-assisted vehicle. Notwithstanding any other provision of this chapter, a vehicle which is primarily designed to be propelled by human power shall not be entitled to registration as a limited use vehicle because of the addition of a motor. The commissioner shall determine whether any vehicle is primarily designed to be propelled by human power.


Pedestrians' Rights and Duties-Article 27

Section 1150: Pedestrians subject to traffic regulations
Pedestrians shall be subject to traffic-control signals as provided in section eleven hundred eleven of this title, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article.
Section 1151: Pedestrians' right of way in crosswalks.
a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway opon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
(c) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Section 1151-a: Pedestrians' right of way on sidewalks
The driver of a vehicle emerging from or entering an alleyway, building, private road or driveway shall yield the right of way to any pedestrian approaching on any sidewalk extending across such alleyway, building entrance, road or driveway.
Section 1152: Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.
(c) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the officialtra ffic-control devices pertaining to such crossing movements.
Section 1153: Provisions relating to blind or visually impaired persons.
(a) Notwithstanding the foregoing provisions of this article every driver of a vehicle approaching an intersection or crosswalk shall yield the right of way to a pedestrian crossing or attempting to cross the roadway when such pedestrian is accompanied by a guide dog or using a cane which is metallic or white in color or white with a red tip.
(b) No person, unless blind or visually impaired, shall use on any street or highway a cane which is metallic or white in color or white with a red tip.
(c) This section shall not be construed as making obligatory the employment of the use of a guide dog or of a cane or walking stick of any kind by a person blind or visually impaired.
Section 1155: Pedestrians to use right half of crosswalks:
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
Section 1156: Pedestrians on roadways.
(a) Where sidewalks are provided and they may be used with safety it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. Upon the approach of any vehicle from the opposite direction, such pedestrian shall move as far to the left as is practicable.
Section 1157: Pedestrians soliciting rides, or business.
(a) No person shall stand in a roadway for the purpose of soliciting a ride, or to solicit from or sell to an occupant of any vehicle.
(b) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
(c) No person shall occupy any part of a state highway, except in a city or village, in any manner for the purpose of selling or soliciting.


General Business Law

391-m Manufacture and sale of in-line skates; regulation of.
1. As used in this section, the term:
(a) "Protective gear" shall mean the following: a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling and wrist guards, elbow pads, and knee pads of such standards, designs, sizes, strengths, and thicknesses as will protect the wearer against serious physical injury caused by impact to the body part on which such protective gear is designed to be worn, such as, but not limited to, from falls and collisions.
(b) "In-line skates" shall mean manufactured or assembled devices each consisting of a shoe boot with a bladelike metal runner approximately three to four inches in thickness mounted or permanently attached thereto in a frame across the length of such shoe boot, with such bladelike metal runner containing three, four, or five metal ball bearing wheels designed to minimize friction with any surface with which they come in contact and which are aligned along the length of the runner in more or less a straight line, and used to skate or glide, by means of human foot and leg power.
(c) "Stopper" or "stopping device" shall mean a part which is attached to each bladelike metal runner or boot or both, of in-line skates and designed to increase friction with the ground and enable users of in-line skates to brake or stop moving.
(d) "Warning label" shall mean a label, shield or plate with substantially the following notice printed in clear and conspicuous type: "WARNING: USE OF THESE IN-LINE SKATES WITHOUT PROTECTIVE GEAR--a helmet, wrist guards, elbow pads, and knee pads--MAY RESULT IN SERIOUS INJURY!"
2.
(a) No person, firm, corporation, or other legal entity which manufactures or assembles in-line skates to be sold, offered for sale, or distributed in this state on or after January first, nineteen hundred ninety-six shall manufacture, assemble, sell, offer to sell, or distribute in this state such in-line skates unless such in-line skates are manufactured and assembled with a stopping device and warning label as defined in this section. Such warning label, shield, or plate shall be permanently affixed to each in-line skate in such a manner that the printed notice is readily visible and such warning label cannot be removed without being defaced or destroyed.
(b) No person, firm, corporation, or other legal entity which is regularly engaged in the sale or offering for sale at retail, for consumer use, of in-line skates shall, after January first, nineteen hundred ninety-six, sell in-line skates which do not contain a stopping device and warning label as defined in this section.
(c) On or after January first, nineteen hundred ninety-six, no person, firm, corporation or other legal entity which is regularly engaged in the business of selling, offering for sale, or distributing in-line skates at retail, for consumer use, shall offer such in-line skates for sale in the normal course of business in this state unless such person, firm, corporation or other legal entity contemporaneously offers for sale upon the same premises protective gear, as defined in this section.
(d) Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this article, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this article has occurred, the court may impose a civil penalty of not more than five hundred dollars for such violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
(e) No person, firm, corporation or other legal entity which is regularly engaged in the business of manufacturing, distributing, selling, or offering for sale in-line skates shall be deemed to have violated the provisions of this subdivision, if such person, firm, corporation or other legal entity shows by a preponderance of evidence that the violation was not intentional and resulted from bona fide error made notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.
(f) This subdivision shall not apply to the sale of in-line skates or protective gear sold or offered for sale by consumers for consumer use.


Statewide Bicycle and Pedestrian Advisory Council

  • Governor's Traffic Safety Committee NYS Department of Motor Vehicles NYS Division of State Police NYS Department of Transportation NYS Education Department Cornell Cooperative Extension NYS Department of Environmental Conservation NYS Office of Parks, Recreation and Historic Preservation NYS Health Department NYS Thruway Authority NYS Association of County Highway Supervisors NYS Department of Criminal Justice Services Hudson River Greenway Council Transportation Alternatives Seaway Trail Inc. American Automobile Association of New York
  • NYS Bicycling Coalition Bike WNY
This information was developed by members of the Statewide Bicycle and Pedestrian Advisory Council. The wording in the electronic version varies slightly from the printed version and contains citations from the NYS Vehicle and Traffic Law, the Highway Law, and General Business Law which are not included in the printed version.

For additional information or the printed version of this information, please contact:
The Governor's Traffic Safety Committee The Empire State Plaza Swan Street Building, Room 414 Albany, NY 12228
(518) 474-5777 FAX (518) 473-6946.





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