| 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
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|
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: |
|
BACK TO THE
TOP |
| Answers |
| Which traffic laws apply to bicyclists
and in-line skaters? BACK TO
THE TOP Which traffic laws apply to pedestrians? BACK TO THE TOP What law governs crosswalks? BACK TO THE TOP What if there is not a crosswalk? BACK TO THE TOP What about sidewalks? BACK TO THE TOP 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).
BACK TO THE TOP On what roads are bicycling and in-line skating permitted? BACK TO THE TOP Must bicyclists and in-line skaters
ride with traffic traffic?
BACK
TO THE TOP
Where on the road may a bicyclist
ride and an in-line skater glide? BACK TO THE TOP 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)).
BACK
TO THE TOP
How should a bicyclist and in-line skater prepare for turns
at intersections? BACK TO THE TOP Is a motorist required to treat
bicyclists and in-line skaters any differently than a motorist? BACK TO THE TOP Does the law require helmet use?
BACK
TO THE TOP
What equipment is required on
bicycles?
- 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)).
BACK TO THE TOP Are there any equipment requirements
for in-line skating? BACK TO THE TOP What other laws apply to bicyclists
and skaters?
- 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)).
BACK TO THE TOP Are police cyclists exempt from
these laws?
BACK
TO THE TOP
|
| 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.
BACK
TO THE TOP
|
| Sections
of the NYS Vehicle and Traffic Law pertaining to bicyclists, in-line
skaters, and pedestrians |
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
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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