State Bike Laws
Riding a bike is a healthy, fun and safe activity. However, it isn't without some risk. The following information highlights 13 areas of law that may minimize that risk and have the potential to reduce conflicts between bikes and cars (and other traffic). These highlights only cover statewide laws and are not comprehensive.
If you want to learn more about state bicycling policies and efforts, check out our Bicycle Friendly State program.
Check out our Smart Cycling videos if you are interested in bicycling education videos.
All laws mentioned here were compiled as part of a research project in the fall of 2012 and may be subject to change. We update laws as we work with our member advocacy organizations to pass better laws and as advocates or the public tell us about changes. Please help us keep them updated by contacting [email protected] with any updates.
Select your state from the list below to review that state's bike laws.
New York
Safe Passing Laws
New York requires that 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.
Source: N.Y. Veh. & Traf. Law §1122-a
Helmet Law
New York requires that any person under the age of 14 riding a bicycle, as an operator or passenger, must wear a protective bicycle helmet.
The failure of any person to wear a required helmet shall not constitute contributory negligence or assumption of risk, and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person, nor in any way diminish or reduce the damages recoverable in any such action.
Source: N.Y. Veh. & Traf. Law §1238
Share the Road license plates
New York does not offer Share the Road license plates at this time.
Source: N/A
Vulnerable Road User Laws
New York does not have any vulnerable road user laws at this time. There are currently no national standards for laws protecting vulnerable road users, but the League of American Bicyclists has drafted a Model Vulnerable Road User statute, which you can find here.
Source: N/A
Distracted Driving Laws
New York currently has the following laws aimed at distracted driving, subject to limited exceptions:
- No person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion.
- An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call.
- No person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion.
- In New York City, the taxicab passengers’ bill of rights includes the right that a driver does not use a cell phone (hand-held or hands free) while driving.
Source: N.Y. Veh. & Traf. Law §§1225-c; 1225-d; New York City Administrative Code (NEW) §19-537
Where to Ride
New York requires that bicyclists ride as near to the right-hand curb or edge of the roadway or upon a usable right-hand shoulder in such a manner as to prevent undue interference with the flow of traffic except under any of the following circumstances:
- When preparing for a left turn or
- When reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge, including those caused by traffic lanes too narrow for a bicycle or and a vehicle to travel safely side-by-side within the lane.
Source: N.Y. Veh. & Traf. Law §1234
Sidewalk Riding
New York does not have a statute that specifically authorizes or prohibits the operation of a bicycle upon a sidewalk. However, in New York City no person shall ride a bicycle upon any sidewalk unless permitted by an official sign.
Source: New York City Administrative Code (NEW) §19-176
Mandatory Use of Separated Facilities
New York requires that upon all roadways, any bicycle shall be driven on a usable bicycle lane.
Source: N.Y. Veh. & Traf. Law §1234
Bicycling Under the Influence
New York’s law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to motor vehicles and therefore does not directly apply to bicyclists. Nevertheless bicycles should not be operated while intoxicated.
Source: N.Y. Veh. & Traf. Law §1192
“Idaho Stop” and Vehicle Detection Errors
New York does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists.
Source: N/A
Authorization for Local Regulation of bicycles
New York does not specifically provide for local authorities to regulate the operation of bicycles or require registration of bicycles, although such authorities may regulate the operation of bicycles through the exercise of their other legal powers.
Source: N/A
Dooring law
New York requires that no person open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic. In addition, no person shall leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Source: N.Y. Veh. & Traf. Law § 1214
Treatment as a Vehicle
In New York bicycles are not vehicles according to the statute that defines vehicles, but a person riding a bicycle has all of the rights and duties of a driver of a vehicle under Title 7 of the New York State Vehicle and Traffic Code, except for those provisions that by their nature can have no application.
Source: N.Y. Veh. & Traf. Law §§159; 1231
Source of Laws
The laws regulating the operation of bicycles in the state of New York are generally found in Title 7, Article 34 of the Vehicle & Traffic Consolidated Laws of New York (N.Y. Veh. & Traf. Law), available here http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:
Other Resources
The following resources may be useful:
- Transportation Alternatives Bicycling resources: http://www.transalt.org/resources/laws
- New York Bicycling Coalition Bicycle Law resources: http://nybc.net/wp-content/uploads/2015/05/WheelsofJustice-bikelaws.pdf
- Bicycling Rules! Rules of the Road: http://bikingrules.org/rules/rulesoftheroad