The same laws that apply to motor vehicle operators, with some obvious exceptions and special rules, apply to cyclists. Most importantly, bicyclists must obey and are protected by the rules of the road (Section 1231)
Q.
Does the law require a bicyclist to wear a helmet?
A.
In New York State, all bicyclists under the age of 14 years old are required to wear safety certified bicycle helmets when they are operators or passengers on bicycles (Sec. 1238(5)). Children aged 1 to 4 must wear certified bicycle helmet and ride in specially designed child safety seats. Children under 1 are prohibited from being transported on a bicycle (Sec. 1238(1)(2)). Any parent or guardian who permits his or her child to violate the helmet law is subject to a fine of up to $50 (Sec. 1238(3),(6)(a)).
Certain communities in New York have passed local ordinances regarding helmet use for bicyclists. For example, Rockland and Erie counties require everyone riding bicycles on county property, regardless of age, to wear approved bicycle helmets.
A helmet should fit squarely on top of the head in a level position and cover the top 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. In the event of a crash, helmets should be replaced immediately, even if there is no apparent damage.
Q.
Should bicyclists obey traffic lights and signs?
A.
Bicyclists must obey all traffic lights and signs and must signal for turns whether riding on a roadway, a bike lane or shared-use pathway with pedestrians.
Q.
Can bicyclists receive motor vehicle tickets?
A.
Bicyclists who violate the law are subject to traffic tickets. Parents can be held responsible for violation by their minor children (Sec. 1230)
Q.
Can a bicyclist ride on a sidewalk?
A.
While riding a bicycle on a sidewalk is not prohibited by New York statutes, some municipalities have passed ordinances prohibiting bicycle traffic on certain sidewalks. This prohibition is usually posted. Sidewalks are for pedestrians. Cyclists on sidewalks can cause conflicts with pedestrians; like wrong-way riding, crashes can occur because bicyclists are in situations where others do not expect them. Except for very young cyclists under parental supervision, sidewalks are not for bicycling.
Q.
On what roads are bicycling activities permitted?
A.
Bicyclists 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 NYS 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)). Localities often prohibit bicycling on sidewalks. However, some local ordinances permit children to bicycle on sidewalks. For your safety and that of pedestrians, however, you should avoid busy city sidewalks.
Q.
Should I ride with or against traffic?
A.
The law requires that bicyclists ride with traffic (Sec. 1234(a)). Bicycling against traffic is a leading cause of bicycle crashes. Riding with traffic makes bicyclists more visible and their movements more predictable to motorists.
Q.
Where on the road may a bicyclist travel?
A.
If there is a usable bicycle lane, the bicyclists must use it. If there is no bicycle lane or it is unusable due to parked cars or other hazards, the bicyclists may drive either on the right shoulder or near the right edge or curb of the roadway. Bicyclists may move further left to avoid hazards such as parked cars or debris, but the bicyclists must avoid undue interference with other traffic (Sec. 1234(a))
You should bicycle as far to the right as is practicable. If there is a safe shoulder, use it instead of the traffic lane. Smart cyclists plot a line straight down the roadway three to four feet from the curb or parked car. This allows them space to avoid road hazards and to be more visible to motorists and pedestrians.
Q.
Is a motorist required to treat bicyclists any differently from a motorist?
A.
The motorist must always remember that cyclists have the same rights and responsibilities as drivers of a motor vehicle and motorists are required to exercise "due care" to avoid colliding with bicyclists (Sec. 1146). As a safety measure, motorists should make scanning for cyclists second nature, giving cyclists plenty of clearance when passing them and the right-of-way when appropriate.
Q.
Are bicyclists required to use shared-use pathway where provided?
A.
No. A bicyclist must use a bicycle lane that is part of the roadway, if one is provided and is usable. A shared-use pathway is separate from the roadway and a bicyclist may use either the shared-use pathway or the roadway (Sec. 1234(a)). In some cases, a roadway may be safer than a nearby shared-use pathway.
Q.
What signals must bicyclists use for turns and stops?
A.
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).
To indicate a stop, extend the left hand and arm to the left, horizontally, and bend it down at the elbow (Sec. 1237).
Q.
May bicyclists ride side-by-side on the roadway?
A.
Yes. They may ride two abreast on roadways, but they must ride single file when being overtaken by other vehicles. Bicyclists may not travel more than two abreast on a shoulder, bicycle lane or shared-use pathway intended for bicycle use even if there is sufficient space. However, they must be in single files when passing vehicles, pedestrians or other bicyclists (Sec 1234(b)).
Q.
How should a bicyclist prepare for turns at intersections?
A.
A bicyclist 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 should move to a usable right-hand shoulder or to the right side of the right hand lane.
A bicyclist should approach an intersection much in the same manner as you would in a motor vehicle. Prepare to stop at traffic lights and STOP signs and yield to any other traffic and pedestrians that have the right of way. If you are planning to make a left turn, position your bicycle in the center of the left turn lane where you will be the most visible to motorists. It's generally safer to "take the lane" so that you are not passed or overtaken until you are through the intersection. If there is more than one left-turn lane, use the one furthest to the right. After completing the left turn, move quickly to the right so that faster vehicles can pass.
Q.
Where do I ride if there is no shoulder or bike lane and the travel lane is too narrow to share?
A.
The best approach is to position yourself several feet out into the lane where motorists will see you and not be invited to squeeze by in the same lane. On narrower lanes, 10 feet or less, a bicyclist might actually "take the lane", i.e., by positioning themselves at or near the center of the lane. This enables them to be seen by overtaking vehicles and gives the message that the overtaking vehicle must move left to pass when it is safe to do so.
Q.
Who has the right of way, a bicyclist or a pedestrian?
A.
The pedestrian. Bicyclists like motorists, must yield the right of way to a pedestrian.
Q.
What equipment is required on bicycles?
A.
A bicycle must be equipped with:
A brake that 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 100 feet away. Sirens and whistles are not permitted (Sec. 1236(b)).
A headlight and taillight. A bicycle ridden 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)).
Reflectors on the wheels. A bicycle, when purchased new and/or ridden 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)).
Q.
What other laws should bicyclists know?
A.
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)).
Q.
What should a cyclist do in case they are involved in a crash?
A.
Report to the Department of Motor Vehicles (DMV) within 10 days of a bicycle crash involving death or serious injury (Sec. 605(b)). If no motor vehicle was involved, file a bicycle crash report (MV-104C). If a motor vehicle was involved, file a motor vehicle accident report (MV-104A). Forms are available at DMV offices. Parents may file on behalf of minor children.
Any person aged 18 or older operating a bicycle who knows he or she was involved in an incident that caused serious physical injury, as defined in Subdivision 10 of Section 10.00 of the penal law, shall before leaving the scene of a crash: Stop and provide a name and residence, including street and street number to the injured party, if practical, and to a police officer. If no police officer is near the crash site, then that person shall report the incident as soon as physically able to the nearest police station or judicial officer. Leaving the scene of an incident without reporting is a Class B misdemeanor (Sec. 1240 & Sec 1241).
