County official proposes law to help safety of bicyclists, others
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On July 9, 78-year-old Mary Husted, who resided in the town of Chautauqua, was riding her bicycle on Chautauqua-Stedman Road around 1 p.m. when she was struck by a vehicle and died.
One county official is proposing legislation that he believes would better protect bicyclists and other non-motorists on the road. County Legislator Tom Nelson, D-Jamestown, has introduced a local law that would require motorists to maintain at least three feet when overtaking non-motorists.
Nelson said he has been talking to various members of the Sheriff's Office about his proposal, including Deputy Tim Hollern, who are both part of a weekly bicycle group ride. Nelson said the proposed legislation was modeled after a local law that is in effect in Cortland County.
Statewide, Nelson said the law requires motorists to use "due care" when passing a bicyclist.
"The problem is what is a safe distance? That can mean different things to different people," he said during a legislature committee meeting.
According to Nelson, there are 33 states that have the three foot rule for motorists, along with the District of Columbia.
In New York state, along with Cortland County, Nelson said Suffolk and Monroe counties have similar legislation that he is proposing.
According to the proposed legislation, a non-motorist would be "any person traveling or present on the side of road who is not actively operating a motor vehicle, including but not limited to bicyclists, pedestrians, persons riding mounted animals, persons operating horse-drawn carriages or 'horse and buggies,' first responders and emergency services personnel including firefighters, EMTs, and police, construction workers, and operators of tractors or other farm equipment.
Legislator Travis Heiser, R-Clymer, asked if the state legislature is considering similar legislation. Nelson said they are, but it's apparently been stalled.
"The state, you know, is vastly different from our county. ... I can see where in New York City it doesn't fit," he said.
Because of this, Nelson wants to see Chautauqua County adopt the local law. Heiser also asked Nelson about how easy it would be to enforce the law. Nelson compared it to smoking in public parks.
"You hope people honor that," he said.
Nelson said the law would help instructors when they teach driver's education. Nelson specifically cited the accident where Husted died and said laws like this could help prevent future tragedies. Deputy Tim Hollern leads a weekly bicycle group ride and said he is in support of the legislation. According to Hollern, if a bicyclist is riding on the fog line, a driver would typically need to slightly cross the center line to give the proper space. Hollern was asked about enforcement.
He said if an officer sees a vehicle pass a non-motorist less than three feet, the officer would be able to write a citation. Another would be through a formal protest to police.
"If a bicyclist feels they got passed that close to where they feel they were in danger of being hit, they could call police and give a deposition," Hollern said.
In that scenario, an officer would need to interview the driver, other witnesses and make a determination.
Hollern said the way the law is right now, usually the only time someone is ever ticketed for unsafe passing is if someone gets hit by a vehicle.
No vote was held in committee. The full legislature will have the final say when it meets Aug. 26.