New Law To Give Cyclists Space From Cars Approved By Legislature

SUFFOLK COUNTY, NY — The Suffolk County legislators recently approved a new law that would require drivers to keep at least 3-feet of distance when passing a bicyclist.

The new law, authored by Legislator Kara Hahn, was proposed after several local cyclists reported safety concerns for cars passing too closely. However, the minimum distance requirement will not apply on roads that have clearly marked bicycle lanes.

According to a 2021 report by AAA Northeast, Suffolk County has the highest number of deaths of pedestrians and bicyclists in New York. Data from the Institute for Traffic Safety Management and Research found that there were 342 bicyclist accidents in 2019.

"Suffolk’s streets have been repeatedly ranked as among the most dangerous in the nation for bicyclists, with this law we are increasing the safety of our roads," Deputy Presiding Officer Hahn said. "We hope to educate drivers that passing too closely is a dangerous and potentially deadly threat."

According to the legislation, "The operator of a vehicle which is overtaking, from behind, a bicycle proceeding on the same side of the road shall pass to the left of such bicycle at a distance of at least three feet until safely clear thereof."

Violators can face fines not to exceed $225 for a first offense, $325 for a second offense and $425 for any offense after that.

Suffolk is the first county in the state to implement this "3-foot" policy. Currently, 33 U.S. states and the District of Columbia have adopted laws requiring at least three feet of distance between passing motorists and cyclists.

New York State currently does not set a minimum distance. The law only requires drivers to pass "at a safe distance."

"After years of lobbying for this law at the state level we are excited that Suffolk County has taken the initiative to get this critical and life-saving law passed," Daniel Flanzig, of the New York Bicycling Coalition, said. "It is our hope that this will begin to trend across the state and provide greater protection for cyclist everywhere. The New York Bicycling Coalition is forever grateful for Legislator Hahn’s efforts for spearheading this resolution."

The bill now goes to County Executive Steve Bellone for a separate public hearing and his signature within the next 30 days.

Last month, the Suffolk County Legislature passed a law cracking down on reckless bicyclists.