Cyclist Protection Legislation Passes in Senate, But Without Guides

Merrill's Law, requiring a safe passing buffer between motorists and cyclists, has passed in the State Senate and has been forwarded to the Governor's desk for approval.

However, the bill, sponsored by Sen. Andrea Stewart-Cousins, has been altered from its original language requiring at least a three-foot passing buffer between cars and cyclists.

The bill was dedicated in memory of avid cyclist and cycling advocate Merrill Cassell, who died in November of 2009 after being side-swiped by a Bee-Line Bus just a few miles from Greenburgh Town Hall along Route 119. A ghost bike currently memorializes the location of his death.

"This legislation will serve to educate the public about the need for motor vehicles and bicyclists to share our roads safely," said Senator Andrea Stewart-Cousins in a release. "The buffer zone is a reasonable and necessary safety precaution for cyclists that often need to maneuver around cracks, potholes or the hazards that cycling on our roads can present."

Stewart-Cousins had been fighting for a three-foot buffer between cars and cyclists. However, there was opposition to setting a firm guide by members of the State Department of Transportation and legislators in the State Assembly. The bill was amended to say: "The operator of a vehicle overtaking, from behind, a bicycle proceeding on the same side of a roadway shall pass to the left of such bicycle at a safe distance until safely clear thereof." You can read the bill's full language and an attached memo on the bill here.

Ross Hardisty, a spokesperson for Stewart-Cousins, said that the "safe distance" language was added because of the nature of roads in the state, and the need to pass at greater distance than three feet in some instances.

"The three-foot language was taken out because some roads are narrow and if you require three feet you might not be able to pass in certain situations and it might put the motorist in danger if facing oncoming traffic," he said. "And there are situations where more than three feet is required... It's just a matter of putting the emphasis on passing at a safe distance."

David McKay Wilson, president of the Westchester Cycle Club said the legislation is a step toward solving the safety problem and it gives cyclists a resource if they are cut off the road. 

"It gives cyclists a right to the road, which they didn't have before," Wilson said. "I hope the state will embark upon an education campaign to teach drivers about their responsibility and about passing cyclists on the road."

He said the town of Yorktown has beautiful roads and it is a popular place for bike riding. 

According to the National Highway Traffic Safety Administration (NHTSA), the State of New York had 42 bicycle-related traffic fatalities in 2008 alone. Several states have already implemented similar provisions, which require drivers to maintain a distance of no less than three feet between the vehicle and the bicyclist, including Connecticut, Minnesota, New Hampshire, Tennessee, and Utah. The bill not only applies to cyclists, but to pedestrians, animals or obstructions on the right half of the roadway.

Once signed by the Governor, the bill would take effect on November 1, 2010. Failure to comply with the requirement will result in a traffic infraction.

"Additional space between the passenger side of a moving vehicle and the cyclist will make the use of bicycle lanes safer, lowering the number of injuries and fatalities that accidents cause each year. Basic safety measures established under this legislation will encourage cycling, which is both a transportation alternative that reduces traffic congestion and pollution, as well as a healthy sporting and recreational activity," Stewart-Cousins said.