Key:
VTL= Vehicle and Traffic Law (New York State)
RCNY= (Rules of the City of New York)
AC= Administrative Code (NYC)
This is a summary of the laws- the full text
of each section appears at the
bottom of the page.
General: —VTL §1231: Bicyclists are
granted all of the rights and are subject to all of
the duties as the driver of a motor
vehicle.
—VTL §1232 Cyclists must
ride on a permanent seat; feet must be on pedals;
and bike must carry only the number of persons for
which it is designed and equipped.
—34 RCNY 4-12(p)(3)
Bicyclists may ride on either side of one-way
roadways that are at least 40 feet wide.
—34 RCNY 4-12 (e) -
Cyclists must have at least one hand on handlebars
at all times.
—34 RCNY 4-12 (h) -
Cyclists involved in accidents resulting in death
or injury to person or damage to property must stop
and make a report to the Police Department. (If
you’re in an accident with a car, you should
get a police report even if you don’t think
you’re injured—bike accidents go
underreported!)
—34 RCNY 4-12 (o) -
Bicycles are prohibited on expressways, drives,
highways, interstate routes and thruways unless
authorized by signs.
—AC 19-176 - Riding
bicycles on sidewalks is prohibited. Bicycles may
be confiscated. NOTE: Tickets for riding on the
sidewalk fall under the jurisdiction of the
Environmental Control Board (ECB). If you are given
a ticket or summons that requires you to appear in
criminal court instead, you should be able to get
the ticket thrown out for lack of
jurisdiction.
—VTL §1237 - When turn
signals are required, left turns shall be signaled
with the left hand, and right turns may be signaled
with either hand. .
—VTL §1233 - Clinging to
vehicles Attaching bike to other vehicle
being operated on roadway is prohibited.
—34 RCNY § 4-12(c) It is
illegal to get out of a vehicle in a manner which
endangers cyclists (dooring).
NOTE: VTL §1234, which
states that you must ride by the right-hand curb
and no more than two abreast DOES NOT APPLY IN NEW
YORK CITY. It is specifically superseded by 34 RCNY
4-02 (e) .
Bike
Lanes You are NOT required to ride in the
bike lane.
—34 RCNY 4-12(p)(1) states
that bicyclists should ride in
usable bike lanes, unless they are
preparing to turn, or are avoiding unsafe
conditions (including but not limited to, fixed or
moving objects, motor vehicles, bicycles,
pedestrians, pushcarts, animals, surface
hazards).
Q: Isn't this an overstatement of the law? It seems to me that the law says that bikes have to stay in bike lanes. A: No. If you look at the full text of the statute it clearly grants cyclists the discretion to ride in the bike lane or not,
according to whether the cyclist deems it safe. As safe, usable bike lanes are extremely rare in New York City, cyclists are not required to endanger themselves by riding in unsafe bike lanes.
Q: But- but- aren't you saying that cyclists can ride wherever they want whenever they want? That's crazy! A: No. Cyclists are still required to follow all other applicable traffic laws, such as riding the right way on one-way streets (VTL 1127(a)), and exercising due care (VTL § 1146).
They are not, however, required to ride in the bike lane if there is any reason not to.
Equipment —VTL 1236 (a)&(e)
Bicycles must have a white headlight, a red
taillight, and reflectors between dusk and
dawn.
(b) Bicycles must have a bell or
other audible signal
(d) Every new
bicycle shall be equipped with reflective
tires (i.e. you should not get a ticket for
this)
—VTL 375 (24)(a) Cyclists
may not wear more than one earphone attached to a
radio, tape player or other audio device while
riding.
Full Text of
Laws: —VTL § 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.
—VTL § 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.
—34 RCNY 4-12(p)(3):
Bicycles permitted on both sides of 4O-foot wide
one-way roadways. Any person operating a bicycle
upon a roadway that carries traffic in one
direction only and is at least 40 feet wide may
ride as near as is practicable to either the left
or the right hand curb or edge of such roadway,
provided that bicycles are not prohibited from
using said roadway.
—AC § 19-176 Bicycle
operation on sidewalks prohibited.
a. For purposes of this section:
(1) The term "bicycle" shall mean a two or three
wheeled device upon which a person or persons may
ride, propelled by human power through a belt, a
chain or gears, with such wheels in a tandem or
tricycle, except that it shall not include such a
device having solid tires and intended for use only
on a sidewalk by a child.
(2) The term "sidewalk" shall mean that portion of
the street, whether paved or unpaved, between the
curb lines or the lateral lines of a roadway and
the adjacent property lines, intended for the use
of pedestrians. Where it is not clear which section
is intended for the use of pedestrians the sidewalk
will be deemed to be that portion of the street
between the building line and the curb.
(3) The term "child" shall mean a person less than
fourteen years of age.
b. No person shall ride a bicycle upon any sidewalk
unless permitted by an official sign. A person who
violates this subdivision may be issued a notice of
violation and shall be liable for a civil penalty
of not more than one hundred dollars which may be
recovered in a proceeding before the environmental
control board.
c. A person who violates subdivision b of this
section in a manner that endangers any other person
or property shall be guilty of a misdemeanor,
punishable by a fine of not more than one hundred
dollars or imprisonment for not more than twenty
days or both such fine and imprisonment. Such
person shall also be liable for a civil penalty of
not less than one hundred dollars nor more than
three hundred dollars, except where a hearing
officer has determined that where there was
physical contact between the rider and another
person, an additional civil penalty of not less
than one hundred dollars nor more than two hundred
dollars may be imposed. Such civil penalties may be
recovered in a proceeding before the environmental
control board. Enforcement agents shall indicate on
the summons or notice of violation issued pursuant
to this subdivision whether physical contact was
made between the rider and another person. Any
person who violates any provision of this
subdivision more than once within any six month
period shall be subject to the imposition of civil
penalties in an amount that is double what would
otherwise have been imposed for the commission of a
first violation. It shall be an affirmative defense
that physical contact between a rider and another
person was in no way the fault of the rider.
d. Where a summons or notice of violation is issued
for a violation of subdivision c of this section,
the bicycle may be seized and impounded.
e. A bicycle impounded pursuant to this section
shall be released to the owner or other person
lawfully entitled to possession upon payment of the
costs of removal and storage as set forth in the
rules of the police department and proof of payment
of any fine or civil penalty for the violation or,
if a proceeding for the violation is pending in a
court or before the environmental control board,
upon the posting of a bond or other form of
security acceptable to the police department in an
amount which will assure the payment of such costs
and any fine or civil penalty which may be imposed
for the violation. If the court or the
environmental control board finds in favor of the
defendant or respondent, the owner shall be
entitled forthwith to possession of the bicycle
without charge or to the extent that any amount has
been previously paid for release of the bicycle,
such amount shall be refunded. The police
department shall establish by rule the time within
which bicycles which are not redeemed may be deemed
abandoned and the procedures for disposal.
f. The owner of a bicycle shall be given the
opportunity for a post seizure hearing within five
business days before the environmental control
board regarding the impoundment. The environmental
control board shall render a determination within
three business days after the conclusion of the
hearing. Where the board finds that there was no
basis for the impoundment, the owner shall be
entitled forthwith to possession of the bicycle
without charge or to the extent that any amount has
been previously paid for release of the bicycle,
such amount shall be refunded.
g. Upon the impoundment of a bicycle, the rider
shall be given written notice of the procedure for
redemption of the bicycle and the procedure for
requesting a post seizure hearing. Where the rider
of a bicycle is not the owner thereof notice
provided to the rider shall be deemed to be notice
to the owner. Where the defendant or respondent is
less than eighteen years old such notice shall also
be mailed to the parent, guardian or where
relevant, employer of the respondent, if the name
and address of such person is reasonably
ascertainable.
h. In any proceeding under this section it shall be
an affirmative defense that the defendant or
respondent was less than fourteen years old at the
time the violation was committed.
i. The provisions of this section may be enforced
by the police department or designated employees of
the department, the department of sanitation, the
department of parks and recreation.
—34 RCNY 4-12(e)
Operator's hand on steering device. No person shall
operate or ride a motor vehicle or bicycle without
having his/her hand on the steering device or
handle bars. A person riding or leading a horse or
driving a horse-drawn carriage shall have the reins
in his/her hand continuously.
—34 RCNY 4-12 (h)
Reporting accidents by operators of other than
motor vehicles. The operators of any bicycle or
vehicle other than a motor vehicle involved in an
accident resulting in death or injury to a person
or damage to property must stop and give their
names and addresses and information concerning
liability insurance coverage to the party
sustaining injuries or damage, and in the case of
death or injury, he/she must, in addition to the
above, without delay report the accident to the
nearest police station, unless he/she has supplied
the information to a police officer on the scene.
Accidents involving motor vehicles must be reported
as required by the Vehicle and Traffic
Law.
—34 RCNY § 4-1(o) Use of
roadways. (1) Pedestrians, horses, bicycles and
limited use vehicles prohibited. In order to
provide for the maximum safe use of the
expressways, drives, highways, interstate routes,
bridges and thruways set forth in § 4-07
subdivision (i) of these rules and to preserve life
and limb thereon, the use of such highways by
pedestrians, riders of horses and operators of
limited use vehicles and bicycles is prohibited,
unless signs permit such use.
—34 RCNY § 4-12(c) Getting
out of vehicle. No person shall get out of any
vehicle from the side facing on the traveled part
of the street in such manner as to interfere with
the right of the operator of an approaching vehicle
or a bicycle.
—34 RCNY § 4-12(p)
Bicycles.
(1) Bicycle riders to use bicycle lanes. Whenever a
usable path or lane for bicycles has been provided,
bicycle riders shall use such path or lane only
except under any of the following situations:
(i) When preparing for a turn at an intersection or
into a private road or driveway.
(ii) When reasonably necessary to avoid conditions
(including but not limited to, fixed or moving
objects, motor vehicles, bicycles, pedestrians,
pushcarts, animals, surface hazards) that make it
unsafe to continue within such bicycle path or
lane.
—34 RCNY § 4-02(e): State
law provisions superseded. Pursuant to authority
provided by § 1642 of the Vehicle and Traffic Law,
the following provisions of such law shall not be
effective in the City of New York: § § 1112,
1142(b), 1150, 1151, 1152, 1153, 1156(b), 1157,
1171, 1201, 1202, and
1234.
—VTL § 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.
—VTL § 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.
—VTL § 1146. Drivers to exercise due care.Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purposes of this section, the term "domestic animal" shall mean domesticated sheep, cattle and goats which are under the supervision and control of a pedestrian.
