A01377 Summary:

BILL NOA01377
 
SAME ASNo Same As
 
SPONSORRosenthal L (MS)
 
COSPNSRCook
 
MLTSPNSRGlick, Perry
 
Amd §§1111, 1112, 1113 & 1151, V & T L
 
Expands and clarifies when pedestrians shall be entitled to the right of way with respect to all other traffic.
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A01377 Actions:

BILL NOA01377
 
01/15/2019referred to transportation
01/08/2020referred to transportation
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A01377 Committee Votes:

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A01377 Floor Votes:

There are no votes for this bill in this legislative session.
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A01377 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1377
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2019
                                       ___________
 
        Introduced by M. of A. L. ROSENTHAL, COOK -- Multi-Sponsored by -- M. of
          A.  GLICK,  PERRY -- read once and referred to the Committee on Trans-
          portation
 
        AN ACT to amend the vehicle and traffic law, in relation to a  pedestri-
          an's right of way
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 2 of subdivision (a) of section 1111 of the vehi-
     2  cle and traffic law, as amended by chapter 269 of the laws of  1984,  is
     3  amended to read as follows:
     4    2. Traffic, except pedestrians, facing a steady green arrow signal may
     5  cautiously enter the intersection only to make the movement indicated by
     6  such  arrow, or such other movement as is permitted by other indications
     7  shown at the same time, except that a U-Turn  may  be  made  by  traffic
     8  facing  a left green arrow signal unless a sign prohibits such U-Turn or
     9  such U-Turn is in violation of any other provision of law. Such  traffic
    10  shall yield the right of way to other traffic lawfully within the inter-
    11  section  [or  an]  and  pedestrians within a marked or unmarked adjacent
    12  cross walk at the intersection at the time such signal is exhibited.
    13    § 2. Paragraph 3 of subdivision (a) of section 1111 of the vehicle and
    14  traffic law, as amended by chapter 356 of the laws of 1971,  is  amended
    15  to read as follows:
    16    3.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as
    17  provided in section eleven hundred twelve of this  article,  pedestrians
    18  facing  any  steady green signal, except when the sole green signal is a
    19  turn arrow, shall have the right-of-way and may proceed across the road-
    20  way within any marked or unmarked crosswalk.
    21    § 3. Paragraphs 2 and 3 of subdivision (b)  of  section  1111  of  the
    22  vehicle  and traffic law, as amended by chapter 356 of the laws of 1971,
    23  are amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02586-01-9

        A. 1377                             2
 
     1    2. Traffic, except pedestrians, facing a steady  yellow  arrow  signal
     2  may  cautiously  enter  the  intersection  only to complete the movement
     3  indicated by such arrow or make such other movement as is  permitted  by
     4  other  indications  shown  at  the  same  time; however, said traffic is
     5  thereby warned that the related green arrow movement is being terminated
     6  or  that a red indication will be exhibited immediately thereafter. Such
     7  traffic shall yield the right-of-way to pedestrians within a  marked  or
     8  unmarked  crosswalk  at  the  intersection and to other traffic lawfully
     9  using the intersection.
    10    3.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as
    11  provided  in  section eleven hundred twelve of this article, pedestrians
    12  facing any steady yellow signal are thereby advised that there is insuf-
    13  ficient time to cross the roadway before a red indication is  shown  and
    14  no  pedestrian shall then start to cross the roadway. Regardless of when
    15  a pedestrian starts to cross the roadway, all pedestrians shall be given
    16  the right-of-way by all other traffic  when  facing  any  steady  yellow
    17  light.
    18    §  4. Subparagraph a of paragraph 2 of subdivision (d) of section 1111
    19  of the vehicle and traffic law, as separately amended  by  chapters  230
    20  and 420 of the laws of 1980, is amended to read as follows:
    21    a.  Traffic  facing  a steady circular red signal may cautiously enter
    22  the intersection to make a right turn  after  stopping  as  required  by
    23  paragraph  one of this subdivision, except that right turning traffic is
    24  not required to stop when a steady right green arrow signal is shown  at
    25  the  same time. Such traffic shall yield the right-of-way to pedestrians
    26  within a marked or unmarked crosswalk at the  intersection  and  to  all
    27  other traffic lawfully using the intersection;
    28    §  5. Section 1112 of the vehicle and traffic law, as amended by chap-
    29  ter 228 of the laws of 1987, is amended to read as follows:
    30    § 1112. Pedestrian-control signal  indications.  Whenever  pedestrians
    31  are controlled by pedestrian-control signals exhibiting the words "WALK"
    32  or  "DON'T  WALK", or exhibiting symbols of a walking person or upraised
    33  hand, such signals shall indicate and apply to pedestrians as follows:
    34    (a) Steady WALK or walking person. Pedestrians facing such signal  may
    35  proceed  across  the roadway in the direction of the signal and shall be
    36  given the right of way by all other traffic.
    37    (b) Flashing DON'T WALK or upraised hand. No pedestrian shall start to
    38  cross the roadway in the direction of such signal, but  any  pedestrians
    39  who  have  partially  completed  their  crossing  on the WALK or walking
    40  person signal shall proceed to a sidewalk or  safety  island  while  the
    41  flashing  DON'T  WALK  or upraised hand signal is showing. Regardless of
    42  when a pedestrian starts to cross the roadway, all pedestrians shall  be
    43  given  the right-of-way by all other traffic while a flashing DON'T WALK
    44  or upraised hand signal is showing.
    45    (c) Steady DON'T WALK or upraised hand. No pedestrians shall start  to
    46  cross  the  roadway in the direction of such signal, but any pedestrians
    47  who have partially completed their  crossing  on  the  WALK  or  walking
    48  person  or  flashing  DON'T  WALK or flashing upraised hand signal shall
    49  proceed to a sidewalk or safety island while the steady  DON'T  WALK  or
    50  upraised hand signal is showing.
    51    §  6.  Subdivision (b) of section 1113 of the vehicle and traffic law,
    52  as amended by chapter 722 of the laws of 2006, is  amended  to  read  as
    53  follows:
    54    (b)  Flashing  yellow indications. Vehicular traffic facing a circular
    55  yellow signal or  yellow  arrow  with  rapid  intermittent  flashes  may
    56  proceed  through the intersection or past such signal only with caution.

        A. 1377                             3

     1  Such traffic shall yield the right-of-way to pedestrians within a marked
     2  or unmarked crosswalk at the intersection.
     3    §  7.  Subdivision (a) of section 1151 of the vehicle and traffic law,
     4  as amended by chapter 159 of the laws of 2002, is  amended  to  read  as
     5  follows:
     6    (a)  When traffic-control signals are not in place or not in operation
     7  the driver of a vehicle shall yield the right of way,  slowing  down  or
     8  stopping  if  need  be to so yield, to a pedestrian crossing the roadway
     9  within a crosswalk or at any unmarked crosswalk at  an  intersection  on
    10  the  roadway upon which the vehicle is traveling, except that any pedes-
    11  trian crossing a roadway at a point where a pedestrian tunnel  or  over-
    12  pass has been provided shall yield the right of way to all vehicles.
    13    §  8.  This  act shall take effect on the thirtieth day after it shall
    14  have become a law.
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