New York State Consolidated Laws
Vehicle & Traffic: Article 34
ARTICLE 34
OPERATION OF BICYCLES AND PLAY DEVICES
Section 1230. Effect of regulations.
1231. Traffic laws apply to persons riding bicycles or skating
or gliding on in-line skates.
1232. Riding on bicycles.
1233. Clinging to vehicles.
1234. Riding on roadways, shoulders, bicycle or in-line skate
lanes and bicycle or in-line skate paths.
1235. Carrying articles.
1236. Lamps and other equipment on bicycles.
1237. Method of giving hand and arm signals by bicyclists.
1238. Passengers on bicycles under one year of age prohibited;
passengers and operators under fourteen years of age to
wear protective headgear.
1239. Reflective material and devices for in-line skating.
1240. Leaving the scene of an incident involving a wheeled
non-motorized means of conveyance without reporting in
the second degree.
1241. Leaving the scene of an incident involving a wheeled
non-motorized means of conveyance without reporting in
the first degree.
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 inter-
ference 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 or
amber 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;
operators of class three bicycles with electric assist 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.
5-c. No person shall ride upon, propel or otherwise operate a class three
bicycle with electric assist 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 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,
five-b or five-c 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 or subdivision five-c 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, five-b, or five-c 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. Such
waiver of a fine shall not apply to a second or subsequent violation of
subdivision five-c of this section.
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) 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.
(b) A police officer shall only issue a summons for a violation of
subdivision five-c of this section by a person less than sixteen 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 sixteen 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.