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Article 34 - NY Vehicle and Traffic Law

OPERATION OF BICYCLES AND PLAY DEVICES

S 1230. Effect of regulations.  (a)  The parent of any child and the
  guardian of any ward shall not authorize or knowingly  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.

S 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.

 S 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.

S 1233. Clinging  to  vehicles.  1. No person riding upon any bicycle,
  coaster, in-line skates,  roller  skates,  skate  board,  sled,  or  toy
  vehicle shall attach the same or himself or herself 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.

S  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.

S 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. No person operating a
  skate board shall carry any package, bundle, or article which  obstructs
  his or her vision in any direction.

S 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.

 S 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.

S 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 standards established
  by the commissioner. 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.
    2-a.  The  commissioner  shall  promulgate   rules   and   regulations
  establishing  standards for helmets required to be worn while bicycling,
  in-line skating, or operating a skate  board.  Such  standards,  to  the
  extent practicable, shall reflect the standards recommended by the Snell
  Memorial  Foundation,  Safety  Equipment  Institute,  or  United  States
  Consumer Product Safety Commission.
    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 standards
  established by the commissioner.
    (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 standards established by the commissioner.
    (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 or a skate board unless
  such person is wearing a helmet meeting  standards  established  by  the
  commissioner.  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.
    5-b. No person less than fourteen years of age shall ride upon, propel
  or  otherwise  operate  a  two-wheeled vehicle commonly called a scooter
  unless such person is wearing a helmet meeting standards established  by
  the  commissioner.  As  used in this subdivision, wearing a helmet means
  having a properly fitting helmet fixed securely  on  the  head  of  such
  wearer with the helmet straps securely fastened.
    6.  (a)  Any  person  who violates the provisions of subdivision five,
  five-a or five-b 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
  provisions  of  subdivision five 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, five-a, or five-b 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 by a person  less  than
  fourteen  years  of  age to the parent or guardian of such person 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, five-b, 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 subdivision
  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 or a skate board 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,
  operating  a  skate  board,  or  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 or a skate board
  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.

S 1239. Reflective  material  and  devices  for in-line skating. The
  commissioner is hereby directed to promulgate rules and  regulations  to
  establish  standards  for  reflective  devices  and/or  material  to  be
  equipped  into  in-line  skates  pursuant  to  section   three   hundred
  ninety-one-m of the general business law.

 S 1240. Leaving  the  scene  of  an  incident  involving  a  wheeled
  non-motorized means  of  conveyance  without  reporting  in  the  second
  degree.  1.  Any  person age eighteen years or older operating a wheeled
  non-motorized  means  of  conveyance,  including,  but  not  limited  to
  bicycles,  in-line  skates, roller skates and skate boards, who, knowing
  or having cause to know, that physical injury, as defined in subdivision
  nine of section 10.00 of the penal  law,  has  been  caused  to  another
  person,  due  to the operation of such non-motorized means of conveyance
  by such person, shall, before leaving the place where the said  physical
  injury  occurred,  stop,  and  provide his name and residence, including
  street and street number, to the injured party, if practical,  and  also
  to  a  police  officer, or in the event that no police officer is in the
  vicinity of the place of said injury, then such person shall report said
  incident as soon as physically able to the  nearest  police  station  or
  judicial officer.
    2.  Leaving the scene of an incident involving a wheeled non-motorized
  means of  conveyance  without  reporting  in  the  second  degree  is  a
  violation.

 S 1241. Leaving  the  scene  of  an  incident  involving  a  wheeled
  non-motorized means of conveyance without reporting in the first degree.
  1.  Any  person  age  eighteen  years  or  older  operating  a   wheeled
  non-motorized  means  of  conveyance,  including,  but  not  limited  to
  bicycles, in-line skates, roller skates and skate boards,  who,  knowing
  or  having  cause  to  know, that serious physical injury, as defined in
  subdivision ten of section 10.00 of the penal law, has  been  caused  to
  another  person,  due  to  the  operation of such non-motorized means of
  conveyance by such person, shall, before leaving  the  place  where  the
  said  serious  physical  injury occurred, stop, and provide his name and
  residence, including street and street number, to the injured party,  if
  practical,  and also to a police officer, or in the event that no police
  officer is in the vicinity of the place of said injury, then such person
  shall report said incident as soon as physically  able  to  the  nearest
  police station or judicial officer.
    2.  Leaving the scene of an incident involving a wheeled
non-motorized means of conveyance without reporting
in the first degree is a class B misdemeanor.

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