NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7247
SPONSOR: Calhoun
 
TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to traffic-control devices and motorcycles
 
PURPOSE OR GENERAL IDEA OF BILL: Relates to traffic-control devices
and motorcycles
 
SUMMARY OF SPECIFIC PROVISIONS: Provides that, after stopping at a red
light at the appropriate stop line, crosswalk, or intersection, the
driver of a motorcycle has the right to proceed if the red light fails
to change to a green light within a reasonable period of time because of
a signal malfunction or because the signal has failed to detect the
arrival of the motorcycle at the intersection due to the motorcycle's
size or weight.
 
JUSTIFICATION: This would allow the driver of a motorcycle, facing any
steady red signal which fails to change to a green signal within a
reasonable period of time because of a signal malfunction or because the
signal has failed to detect the arrival of the motorcycle due to the
motorcycles size or weight, has the right to proceed subject to the
rules applicable.
 
PRIOR LEGISLATIVE HISTORY: New Bill
 
FISCAL IMPLICATIONS: None
 
EFFECTIVE DATE: Immediately
STATE OF NEW YORK
________________________________________________________________________
7247
2011-2012 Regular Sessions
IN ASSEMBLY
April 20, 2011
___________
Introduced by M. of A. CALHOUN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to traffic-con-
trol devices and motorcycles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1254 to read as follows:
3 § 1254. Failure of traffic-control device to recognize motorcycle. An
4 operator of a motorcycle approaching an intersection controlled by a
5 traffic-control device that is inoperative and fails to change to a
6 green signal due to the size or weight of the motorcycle shall come to a
7 full and complete stop at the intersection in response to a red light
8 and, after waiting for a reasonable period of time no less than sixty
9 seconds, for such traffic-control device to detect such motorcycle, may
10 proceed with due caution through the intersection when it is safe to do
11 so despite the red signal. The driver of any vehicle approaching the
12 intersection who lawfully may enter the intersection or any pedestrians
13 lawfully within an adjacent crosswalk shall have right-of-way over any
14 motorcycle operator proceeding through a red light. In no event where an
15 accident results from the operator of the motorcycle proceeding into the
16 intersection on a red light shall a pedestrian or a driver of any vehi-
17 cle with right-of-way be charged with any traffic infraction.
18 § 2. Paragraph 3 of subdivision (d) of section 1111 of the vehicle and
19 traffic law, as amended by chapter 356 of the laws of 1971 and as renum-
20 bered by chapter 760 of the laws of 1974, is amended to read as follows:
21 3. [Traffic] Except as otherwise provided in section twelve hundred
22 fifty-four of this title, traffic, except pedestrians, facing a steady
23 red arrow signal may not enter the intersection to make the movement
24 indicated by such arrow and, unless entering the intersection to make
25 such other movement as is permitted by other indications shown at the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10726-01-1
A. 7247 2
1 same time, shall stop at a clearly marked stop line, but if none, then
2 shall stop before entering the crosswalk on the near side of the inter-
3 section, or in the event there is no crosswalk at the point nearest the
4 intersecting roadway where the driver has a view of the approaching
5 traffic on the intersecting roadway before entering the intersection and
6 shall remain standing until an indication to proceed is shown.
7 § 3. This act shall take effect immediately.