Three-Foot Safe Passing Bill

We Need Your Help!

By Dave Kraus

You know the feeling, and it happens way too often. You’re “JRA” – just riding along – and you hear the vehicle coming up behind you. Your muscles tense and your hands tighten on the bars until they’ve passed, often way too closely. But hopefully there will be a new law finally passed this year that will lead to safer roads for cycling in New York.

For the fifth year in a row, a bill has been introduced in the State Assembly that will set a three-foot standard for the distance a vehicle must pass a cyclist to be considered a “safe pass.” At least 34 other states have already passed three-foot laws, but New York is one of the minority of states that has no law defining a specific minimum distance for vehicles to pass cyclists.

Current state law simply reads “a safe distance.” But what exactly is a “safe distance?” It’s left totally up to the driver of the vehicle to decide. This month Assemblyman Phil Steck of the 110th District (Capital Region) and seven other Assembly members have reintroduced their bill, A547, to establish the three-foot standard. It’s a pretty simple bill:

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 OF NOT LESS THAN THREE FEET until safely clear thereof.

According to long time New York cycling community advocate Paul Winkeller of Albany, various versions of the three-foot bill have been circulating in the legislature for over a decade. Paul, now Senior Advisor for the Urban Cycling Solutions consulting firm in New York City, notes that different versions of the bill have been passed in different years in both the Assembly and Senate. But in the world of New York State politics, identically worded versions of the same bill have to be passed in both houses in the same year in order for a bill to go to the governor for a signature.

In previous years that has never quite happened. According to Paul, that has primarily been due to opposition from the late David Gannt of Rochester, who until last year chaired the Assembly’s Transportation Committee. “We’ve tried hard to get this passed, and in past years we were pretty sure we had the votes on the floor in both houses to do it,” Paul says. “But the chair of an Assembly committee has the final word on what comes up for a vote from that committee, and for his own reasons Mr. Gannt never let it get out to the floor.” 

But that changed last year when Assemblyman William Magnarelli of Syracuse was appointed chairman of the committee. Magnarelli is viewed as far friendlier to cycling in issues than Gannt. “This year we’re very optimistic it will pass,” Paul said, who added that as long as the state has no set standard for what is a “safe” passing distance, there’s no starting point for law enforcement and driver education to make any real difference in safety.

“The reason you need a three-foot standard is so that everyone involved in the road system – cyclists, cars, trucks, and law enforcement – understands what’s expected of them in order to have safe roads. If you don’t do that – if all you have is a law that has a subjective “safe distance,” which is what we have now – then somebody can say, ‘Well, I think six inches is a safe distance,’ and they can legally pass a bicyclist within six inches.”

“We know since the pandemic started that more people are cycling than ever before, so it’s even more important to have some civil guidelines to govern public behavior so that we’re all safe.” Paul continued, “Safety for everyone involved, including drivers, is what it’s all about.”

How You Can Help

Paul says that whether you’re a cyclist, family, or friend of one in New York, now is definitely the time to reach out to your legislator, and get as much public support for the bill as possible in both houses of the legislature.

Please add your voice to support this bill by locating your Assembly member online at: nyassembly.gov/mem/search. Then, voice your support by writing to them directly. Paul added that this is particularly important if your legislator is a member of the Transportation Committee in either the Assembly or Senate.

You can also show your support through the page for the Bill on the NY State Senate website: nysenate.gov/legislation/bills/2021/A547. You can indicate your support in the box on the right side of the web page, then scroll down to add personal comments.

Assembly Transportation Committee Members

William Magnarelli (Chair) – District 129, Syracuse: magnarw@nyassembly.gov

Harry Bronson – District 138, Rochester: bronsonh@nyassembly.gov

Kevin Byrne – District 94, Brewster: byrnek@nyassembly.gov

Taylor Darling – District 18, Hempstead: darlingt@nyassembly.gov

Joe DeStefano – District 3, Medford: destefanoj@nyassembly.gov

David DiPietro – District 147, East Aurora: diPietrod@nyassembly.gov

Patricia Fahy – District 109, Albany: fahyp@nyassembly.gov

Mathylde Frontus – District 46, Brooklyn: frontusm@nyassembly.gov

Pamela Hunter – District 128, Syracuse: hunterp@nyassembly.gov

Alicia Hyndman – District 29, Springfield Gardens: hyndmana@nyassembly.gov

Jonathan Jacobson – District 104, Newburgh: jacobsonj@nyassembly.gov

Donna Lupardo – District 123, Binghamton: lupardod@nyassembly.gov

David McDonough – District 14, Bellmore: mcdonoughd@nyassembly.gov

Karen McMahon – District 146, Williamsville: mcmahonk@nyassembly.gov

Brian Miller – District 101, New Hartford: millerb@nyassembly.gov

Michael Norris – District 144, Clarence: norrism@nyassembly.gov

Nick Perry – District 58, Brooklyn: perryn@nyassembly.gov

Jo Anne Simon – District 52, Brooklyn: simonj@nyassembly.gov

Phil Steck – District 110, Albany: steckp@nyassembly.gov

Fred Thiele Jr. – District 1, Sag Harbor: thielef@nyassembly.gov

Mark Walczyk – District 116, Watertown: walczykm@nyassembly.gov

Jaime Williams – District 59, Brooklyn: williamsja@nyassembly.gov

Senate Transportation Committee Members

Timothy Kennedy (Chair) – District 63, Buffalo: kennedy@nysenate.gov

Brian Benjamin – District 30, New York City: bbenjamin@nysenate.gov

George Borrello – District 57, Jamestown: borrello@nysenate.gov

Patrick Gallivan – District 59, Elma: gallivan@nysenate.gov

Todd Kaminsky – District 9, Rockville Centre: kaminsky@nysenate.gov

Anna Kaplan – District 7, Carle Place: kaplan@nysenate.gov

John Liu – District 11, Bayside: liu@nysenate.gov

Thomas O’Mara – District 58, Elmira: omara@nysenate.gov

Roxanne Persaud – District 19, Brooklyn: persaud@nysenate.gov

Jessica Ramos – District 13, East Elmhurst: ramos@nysenate.gov

Luis Sepúlveda – District 32, Bronx: sepulveda@nysenate.gov

James Skoufis – District 39, Newburgh: skoufis@nysenate.gov

Dave Kraus (dbkraus@earthlink.net) is a longtime area cyclist, photographer, and writer who is always looking for new, interesting routes to experience the outdoors in upstate New York. Visit his website at krausgrafik.com.