Letter of the Law

From Transportation Alternatives Magazine, May/June 1998

What’s the Law?

So what exactly are the rules of the road for cyclists? In abbreviated form below are the basic laws that cyclists are obliged to obey. Cyclists must also follow all traffic signals and signs. This information is compiled from the N.Y.C. Traffic Rules (NYC) and from the N.Y. State Vehicle and Traffic Law (NYS). For folks who want to read further, copies of the Vehicle and Traffic Law are available to the public at the Dept. of Motor Vehicles for $1.

Rights and Responsibilities

You must obey traffic laws. Every bicyclist and in-line skater has the same rights and is subject to the same duties as a driver of a vehicle, with certain exceptions. (NYS 1231)

Where to Ride

Ride in the bike lane if provided, except for safety, turns, etc. (NYC 4-12, p)
On a wide one-way roadway, ride on either side. (NYC 4-12, p)
Ride on the right side of the roadway, with above exceptions. (NYS 1234)

Where Not to Ride

Don’t ride on the sidewalk unless you are twelve years old or younger. (NYC 4-07, c)
If you ride on the sidewalk, your bike can be confiscated. (NYC Admin Code 19-176)
Don’t ride on expressways, highways, interstates or thruways unless authorized by signs. (NYC 4-12, o)

How to Ride / How Not to Ride

Don’t hitch your bike or cling to any other vehicle on the roadway. (No skitching.) (NYS 1233)
Use hand and arm signals to indicate turns and stops. (NYS 1237)
If you’re carrying packages, keep at least one hand on handlebar. (NYS 1235)
Don’t ride friends on the handlebars or seat. Carry only the number of persons for which your bike is designed. (NYS 1232)
Ride with your feet on the pedals. (NYS 1232)

Equipment

Don’t wear headphones or a walkman while riding. (NYS 375)
Use a white headlight and red taillight from dusk to dawn. (NYS 1236)
You must have a bell or other audible signal (not a whistle). (NYS 1236)
You must have working brakes. (NYS 1236)
You must have reflectors, reflective tires and/or other reflective devices. (NYS 1236)
Only bicyclists under 14 years old must wear a helmet. (NYS 1238)

They Say I’m a Law-breaker — Now What?

It’s easy to crumple up your traffic summons and bin it. The problem is, the City’s recordkeeping is improving, and the penalty will keep compounding. Plus, the cops could arrest you the next time they catch you. And, unpaid bicycle tickets can suspend a drivers license. Here are some common sense things to keep in mind if you get caught breaking traffic laws.

Be nice and reasonable to the cop. This is the best thing to do short of not getting caught.

Instead of following the Mayor’s advice to “Pay the fine instead of joining an advocacy group,” T.A. says go to court and get a friend to join T.A.

Go to traffic court with a well reasoned case, mention safety issues, inequity of law and hope that the cop does not show up. Nice, reasonable people have a chance of getting the fine reduced (depending on the Judge).

Hire a lawyer. It will cost you about $200 and will probably get your fine knocked down. Look in Yellow pages or the T.A. mag for traffic lawyers. Not the thing to do unless your fine is big.

If the ticket seems frivolous or was given at a ticket trap, let T.A. know about it.

Now get vocal! Write your city councilperson, your local newspaper, and copy the Mayor. One of the primary reasons cyclists are being targeted is because lots of people complained. Let’s work together to remind people, especially our representatives, that cycling is good for the City and that precious police resources are better directed toward preventing speeding and other assorted auto offenses we witness each day.

Read more legal advice articles for cyclists.

Links on the web
Check out our Links to Laws page for the latest online links to city, state, and federal laws pertaining to cycling and walking.