Section 102. Bicycle.

Every two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children.
 

Section 130. Pedestrian.

Any person afoot or in a wheelchair.
 

Section 159. Vehicle.

Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
 

Section 375. Equipment.

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24-a. It shall be unlawful to operate upon any public highway in this state a motor vehicle, limited use automobile, limited use motorcycle or bicycle while the operator is wearing more than one earphone attached to a radio, tape player or other audio device.
 

Section 605. Report required upon accident.

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     (b) Every person operating a bicycle which is in any manner involved in an accident on a public highway in this state in     which any person is killed, other than the operator, or suffers serious physical injury as defined pursuant to subdivision ten of Section 10.00 of the penal law, shall within ten days after such operator learns of the fact of such death or serious physical injury, report the matter in writing to the commissioner. If such operator is physically incapable of making such report within ten days, he or she shall make the report immediately upon recovery from the physical incapacity. Is such operator is an unemancipated minor who is incapable of making such report for any reason, the parent or guardian of such operator shall make such report within ten days after learning of the fact of such accident. Every such operator of a bicycle, or parent or guardian of such unemancipated minor operator, shall make such other and additional reports as the commissioner shall require.
 

Section 1104 (c). Authorized emergency vehicles.

An authorized emergency vehicle operated as a police, sheriff or deputy sheriff vehicle may exceed the maximum speed limits for the purpose of calibrating such vehicles' speedmeter. Notwithstanding any other law, rule or regulation to the contrary, a police, sheriff or deputy sheriff bicycle operated as an authorized emergency vehicle shall not be prohibited from using any sidewalk, highway, street or roadway during an emergency operation.
 

Section 1146. Drivers to exercise due care.

Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway and shall give warning by sounding the horn when necessary.
 

Section 1160. Required position and method of turning at intersections.

The driver of the vehicle intending to turn at an intersection shall do so as follows:
     (a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway or, where travel on the shoulder or slope has been authorized, from the shoulder or slope.
     (b) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
     (c) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane of the roadway lawfully available to traffic moving in the direction of travel of such vehicle or, where travel on the shoulder or slope has been authorized, from the shoulder or slope, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
    (d) When markers, buttons, signs, or other markings are placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this Section be traveled by vehicles turning at an intersection, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, signs, or other markings.
 

Section 1229-a. Restricted highways.

No person, unless otherwise directed by a police officer, shall:

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     (b) Occupy any space of a state expressway, highway or state interstate route highway, including the entrances thereto and exits therefrom, with: an animal-drawn vehicle; herded animals; a pushcart; a bicycle; except in the performance of public works or official duties, or on paths or parts of such highway provided for such uses.
 

Section 1230. Effect of regulations.
     (a) The parent of any child and the guardian of any ward shall not authorize or knowlingly permit any such child or ward to violate any of the provisions of this article.
     (b) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway, upon private roads open to public motor vehicle traffic and upon any path set aside for the exclusive use of bicycles.
 

Section 1231. Traffic laws apply to persons riding bicycles.

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this article and except as to those provisions of this title which by their nature can have no application.
 

Section 1232. Riding on bicycles.

     (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals.
     (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
 

Section 1233. Clinging to vehicles.
 
   1) No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle being operated upon a roadway.
     2) No person shall ride on or attach himself to the outside of any vehicle being operated upon a roadway.
The provisions of this Section shall not apply to:
          i) vehicles in an emergency operation as defined in Section one hundred fourteen-b of this chapter; and
          ii) farm type tractors used exclusively for agricultural purposes or other farm equipment; and
          iii) riding on the open, uncovered cargo area of a truck with the permission of the operator of such truck; and
          iv) vehicles employed by a municipality for local garbage collection; and
          v) vehicles participating in a parade pursuant to a municipal permit.
     3) No vehicle operator shall knowingly permit any person to attach any device or himself to such operator's vehicle in violation of subdivision one or subdivision two of this Section.
 

Section 1234. Riding on roadways, shoulders, bicycle lanes and bicycle paths.

     (a) Upon all roadways, any bicycle shall be driven either on a usable bicycle lane or, if a usable bicycle lane has not been provided, near 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 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. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or traffic lanes too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane.
    (b) Persons riding bicycles upon a roadway shall not ride more than two abreast. Persons riding bicycles upon a shoulder, bicycle lane or bicycle path intended for the use of bicycles may ride two or more abreast if sufficient space is available, except when passing a vehicle, bicycle or pedestrian standing or proceeding along such shoulder, lane or path, persons riding bicycles shall ride single file. Persons riding bicycles upon a roadway shall ride single file when being overtaken by another vehicle.
     (c) Any person operating a bicycle who is entering the roadway from a private road, driveway, alley or over a curb shall come to a full stop before entering the roadway.
 

Section 1235. Carrying articles.

No person operating a bicycle shall carry any package, bundle, or article which prevents
the driver from keeping at least one hand upon the handle bars.
 

Section 1236. Lamps and other equipment on bicycles.

     (a) Every bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible during hours of darkness from a distance of at least five hundred feet to the front and with a red light visible to the rear for three hundred feet. Effective July first, nineteen hundred seventy-six, at least one of these lights shall be visible for two hundred feet from each side.
     (b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
     (c) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
     (d) Every new bicycle shall be equipped with reflective tires or, alternately, a reflex reflector mounted on the spokes of each wheel, said tires and reflectors to be of types approved by the commissioner. The reflex reflector mounted on the front wheel shall be colorless or amber, and the reflex reflector mounted on the rear wheel shall be colorless or red.
    (e) Every bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with reflective devices or material meeting the standards established by rules and regulations promulgated by the commissioner; provided, however, that such standards shall not be inconsistent with or otherwise conflict with the requirements of subdivisions (a) and (d) of this Section.
 

Section 1237. Method of giving hand and arm signals by bicyclists.

All signals herein required to be given by bicyclists by hand and arm shall be given in the following manner and such signals shall indicate as follows:
     1) Left turn. Left hand and arm extended horizontally.
     2) Right turn. Left hand and arm extended upward, or right hand and arm extended horizontally.
     3) Stop or decrease speed. Left hand and arm extended downward.
 

Section 1238. Passengers on bicycles under one year of age prohibited; passengers and operators under fourteen years of age to wear protective headgear.

     1) No person operating a bicycle shall allow a person who is under one year of age to ride as a passenger on a bicycle nor shall such person be carried in a pack fastened to the operator. A first violation of the provisions of this subdivision shall result in no fine. A second violation shall result in a civil fine not to exceed fifty dollars.
     2) No person operating a bicycle shall allow a person one or more years of age and less than five years of age to ride as a passenger on a bicycle unless:
          (a) such passenger is wearing a helmet meeting the standards of the American National Standards Institute (ANSI  Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling. For the purposes of this subdivision wearing a helmet means having a helmet of good fit fastened securely upon the head with the helmet straps; and
          (b) such passenger is placed in a separate seat attached to the bicycle and such seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.
     3) Any person who violates the provisions of subdivision two of this section shall pay a civil fine not to exceed fifty dollars.
     4) The court shall waive any fine for which a person who violates the provisions of paragraph (a) of subdivision two of this section would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a helmet which meets the requirements of paragraph (a) of subdivision two of this section. Further, the court shall waive any fine for which a person who violates the provisions of paragraph (b) of subdivision two of this section would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a seat which meets the requirements of paragraph (b) of subdivision two of this section. The court may waive any fine for which a person who violates the provisions of subdivision two of this section would be liable if the court finds that due to reasons of economic hardship such person was unable to purchase a helmet or seat. Such waiver of fine shall not apply to a second or subsequent conviction under paragraph (a) or (b) of subdivision two of this section.
     5) No person, one or more years of age and less than fourteen years of age, shall operate or ride as a passenger on a bicycle unless such person is wearing a helmet meeting the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling. For the purposes of this subdivision wearing a helmet means having a helmet of good fit fastened securely upon the head with the helmet straps.
     6) (a) Any person who violates the provision of subdivision five of this section shall pay a civil fine not to exceed fifty dollars.
          (b) The court shall waive any fine for which a person who violates the provision of subdivision four of this section would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a helmet.
          (c) The court may waive any fine for which a person who violates the provisions of subdivision five of this section would be liable if the court finds that due to reasons of economic hardship such person was unable to purchase a helmet or due to such economic hardship such person was unable to obtain a helmet from the statewide bicycle helmet distribution program, as established in section two hundred six of the public health law, or a local distribution program.
     7) The failure of any person to comply with the provisions of this section 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.
     8) A police officer shall only issue a summons for a violation of subdivision two or five of this section to a parent or guardian of a person less than fourteen years of age if the violation by such person occurs in the presence of such person's parent or guardian and where such parent or guardian is eighteen years of age or more. Such summons shall only be issued to such parent or guardian, and shall not be issued to the person less than fourteen years of age.
    9) Subdivisions five and six of this section shall not be applicable to any county, city, town or village that has enacted a local law or who is one or more years of age and less than fourteen years of age from operating or riding as a passenger on a bicycle without wearing a bicycle helmet. The legislative body of a county, city, town or village may enact a local law or ordinance that prohibits a person who is fourteen or more years of age from operating or riding as a passenger on a bicycle without wearing a helmet.