NYC traffic law

[NYCpainter]

Can anybody tell what the law says about a cyclists right to space from parked cars?
The other day I had a row with a motorist who used his vehicle to bully me out of the way because I was "riding in the middle of the f****** road", I told him that the law says that I am allowed 4 feet from parked cars. What is the truth of the matter?

[RobertHurst]

Can anybody tell what the law says about a cyclists right to space from parked cars?
The other day I had a row with a motorist who used his vehicle to bully me out of the way because I was "riding in the middle of the f****** road", I told him that the law says that I am allowed 4 feet from parked cars. What is the truth of the matter?

You are correct that you are not legally required to ride in the Door Zone; but there is widespread ignorance and misunderstanding of this law, even among police officers and other authority figures let alone cabbies etc., and just because we're legal doesn't mean we'll be respected. Keep on keepin on.

Robert

[NYCpainter]

Thanks Robert, I found this http://www.bicycledefensefund.org/bikelaw.html but I'm still unsure of my right to ride in a manner that prevents vehicles from overtaking unsafely when space between door zones is restricted.

[joejack951]

I don't know how up to date this is, but from this link: http://www.nysgtsc.state.ny.us/bike-vt.htm

Section 1234. Riding on roadways, shoulders, bicycle or in-line skates lanes and bicycle or in-line skates paths.

(a) Upon all roadways, any bicycle or in-line skates shall be driven either on a usable bicycle or in-line skates lane or, if a usable bicycle or in-line skates 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.

Key words to pay attention have been bolded. Basically, the cyclist is only required to ride as far right as HE believes is acceptable. Keep in mind that if riding so far left that you are causing "undue interference with the flow of traffic" you will be required to pull over and let that traffic pass. "Undue interference" is pretty vague though and may or may not be further defined in the vehicle code. Also keep in mind that law enforcement isn't always so enlightened as to the actual law or intentions of said law, at least in my experience (there's a whole thread about my ticket for not riding "as far right as practicable", a case which is still unresolved). Note that law enforcement's misunderstanding of the laws in no way affects how I ride.

[dmac49]

Just to clarify the meaning of "edge" of the road. On marked roadways in NY, the painted white line on the side of the road when provided designates the side of the road. Anything to the right of this painted white line is considered "off the road".

[fordfasterr]

just to let it be known that cars must also drive to the right most side of the road near to the edge as practicable... lol

[stevesurf]

Can anybody tell what the law says about a cyclists right to space from parked cars?
The other day I had a row with a motorist who used his vehicle to bully me out of the way because I was "riding in the middle of the f****** road", I told him that the law says that I am allowed 4 feet from parked cars. What is the truth of the matter?

FYI...

NYS Motor Vehicle Law states:

"§ 1214. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without
interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."


(2) Driving on or across bicycle lanes prohibited. No person shall drive a
vehicle on or across a designated bicycle lane, except when it is reasonable and
necessary:
(i) to enter or leave a driveway; or
(ii) to enter or leave a legal curbside parking space; or
Section 4-12
54
(iii) to cross an intersection; or
(iv) to make a turn within an intersection; or
(v) to comply with the direction of any law enforcement officer or other
person authorized to enforce this rule; or
(vi) to avoid an obstacle which leaves fewer than ten feet available for
the free movement of vehicular traffic.
Notwithstanding any other rule, no person shall drive a vehicle on or across a
designated bicycle lane in such manner as to interfere with the safety and
passage of persons operating bicycles thereon


Here's a tough discussion on a related subject:
http://www.bikeforums.net/showthread.php?t=368199

[DCCommuter]

Just to clarify the meaning of "edge" of the road. On marked roadways in NY, the painted white line on the side of the road when provided designates the side of the road. Anything to the right of this painted white line is considered "off the road".

To clarify your clarification, the white line is the edge of the "roadway." The roadway is the portion of the road that has travel lanes, including bike lanes, but not the shoulder or parking lanes.

The New York language is poorly constructed. "Upon all roadways, any bicycle or in-line skates shall be driven ... near the right-hand curb or edge of the roadway." Depending on the road layout, the curb may or may not be at the edge of the roadway. A parking lane or shoulder can come between the edge of the roadway and the curb. If the curb is not the edge of the roadway, if you're riding near the curb you're off the roadway -- and this clause applies "upon all roadways." The only time the position of the curb matters at all is when the curb is the edge of the roadway. So the word "curb" contributes nothing to the meaning of the law.

However, it would be easy on a quick reading to think that there is a law requiring cyclists to hug the curb at all times.

A lot of states have bike laws like this, where the language is twisted so that on a quick reading it's easy to think the law means the exact opposite of what it really says. I haven't figured out yet whether this is something that cycling advocates do to confuse lawmakers into voting for laws that are the opposite of what they mean, or something lawmakers do to cyclists to cause the police and courts to give them a hard time.

[dmac49]

Thank you for trying to clarify my thoughts. As I said the edge of the roadway is designated by the white line (if there is one painted) on the right side of the roadway. This white line is also at times referred to as the "fog line" . Not all roadways have them. In other instances the edge of the roadway is considered to be the end of the pavement surface where it meets a curb if a curb is present. Or where the paved surface ends. Keeping to the right is also considered to be "to the right hand portion of the center line when painted or when no line is paint to the right half of a roadway. Section 1234 is just that. Other violations of other sections are not referred to in 1234. In the construction of the section you will note the use of the word "OR". This allows for different types of roads. This is the standard used in court to define on and off the road. If you wish to further you studies into the section I might suggest you reference to associated affirmative defenses of the section that are not included in the above posted VTL section of NYS sec 1234. Referring to 'EDGE" , this is the standard which a LEO must articulate when speaking to the removal of a vehicle, "ticketing" a vehicle or addressing it (edge) in a report. I am not referring to swinging doors , what other states say, the meaning of life or why air is present. I am referring to what edge is as referenced in the NYS VTL sec. 1234 for the purpose of the UTT.

[makeinu]

I don't know how up to date this is, but from this link: http://www.nysgtsc.state.ny.us/bike-vt.htm

Section 1234. Riding on roadways, shoulders, bicycle or in-line skates lanes and bicycle or in-line skates paths.

(a) Upon all roadways, any bicycle or in-line skates shall be driven either on a usable bicycle or in-line skates lane or, if a usable bicycle or in-line skates 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.

Key words to pay attention have been bolded. Basically, the cyclist is only required to ride as far right as HE believes is acceptable. Keep in mind that if riding so far left that you are causing "undue interference with the flow of traffic" you will be required to pull over and let that traffic pass. "Undue interference" is pretty vague though and may or may not be further defined in the vehicle code. Also keep in mind that law enforcement isn't always so enlightened as to the actual law or intentions of said law, at least in my experience (there's a whole thread about my ticket for not riding "as far right as practicable", a case which is still unresolved). Note that law enforcement's misunderstanding of the laws in no way affects how I ride.

Interesting, I didn't know NYS had a mandatory use clause for bike lanes and shoulders.

[Allister]

Even if you had been doing anything illegal, the driver relinquished any moral high ground when he threatened you with his car and verbally abused you.

[DCCommuter]

Interesting, I didn't know NYS had a mandatory use clause for bike lanes and shoulders.

If you read it carefully you'll see bike lanes are mandatory, shoulders are not.

[makeinu]

If you read it carefully you'll see bike lanes are mandatory, shoulders are not.

I guess you're right. It doesn't seem to specifically give preference to the shoulder over the edge of the roadway. In the absence of a bike lane it requires the use of one or the other and I suppose it's up to the cyclist to pick which one to use.

[Laika]

If you read it carefully you'll see bike lanes are mandatory, shoulders are not.

also, city law on cycling differs from and supercedes state law. on important difference is that state law has a prohibition on riding 2 abreast, city law does not.

[John E]

It is too bad some motorists and law enforcement officers do not understand "practicable," which is not synonymous with "practical" or "possible."

[dmac49]

Please take note that NYS may not be superceded by any municipality or city. Those municipalities or cities may SUPPLIMENT to those laws. Further take time to read what the section says about riding two abreast in sub section b. There is no prohibition for two abreast. There is for more than two however. Read the section AGAIN and you will see that in the absence of a bike lane you can still ride on roadways. Read the law as it is written and you will not have any problems. LMAO

§ 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 that 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, skate, or glide single file when being
overtaken by a 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.