||Motorcycles, Mopeds & ATVs
NYS Vehicle & Traffic Law Excerpts
||PLEASE READ THIS FIRST!
These excerpts are provided for information only and NOT as the basis for legal or judicial determinations. ALWAYS verify them against the most recent available copy of the law. The entire Vehicle and Traffic Law, sorted by section number, is available from the New York State Legislative Bill Drafting Commission.
||Operation of Motorcycles
||Traffic laws apply to persons operating motorcycle.
||Riding on motorcycles.
||Operating motorcycles on roadways laned for traffic.
||Clinging to other vehicles.
||Equipment of motor vehicles and motorcycles
||Registration of motorcycles
||Motorcycle Safety Program
§1250. Traffic laws apply to persons operating motorcycles.
Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under 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.
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§1251. Riding on motorcycles.
(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.
(b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle, unless said person is seated in a sidecar affixed to said motorcycle.
(c) No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars.
(d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
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§1252. Operating motorcycles on roadways laned for traffic.
(a) All motorcycles are entitled to full use of a lane and no motor vehicle or motorcycle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. However, this subsection shall not be construed to prevent motorcycles from being operated two abreast in a single lane.
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(d) Motorcycles shall not be operated more than two abreast in a single lane
(e) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.
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§1253. Clinging to other vehicles.
No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle or streetcar on a roadway.
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§381. Motorcycle equipment.
6. It shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. The commissioner is hereby authorized and directed to adopt regulations for helmets which are consistent with the requirements as specified in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. The police authorities of a city, town or village may issue a permit exempting members of organizations sponsoring or conducting parades or other public exhibitions from the provisions of this subdivision while such members are participating in such parades or other public exhibitions.
7. It shall be unlawful, on and after January first, nineteen hundred sixty-seven, for any person to operate a motorcycle unless he wears goggles or a face shield of a type approved by the commissioner.
§410-a. Motorcycle safety program.
1. The commissioner shall establish and administer a motorcycle safety program which shall consist of approved motorcycle rider training courses, motorcycle course instructor training, program promotion, and public awareness. Approved rider training courses shall meet nationally recognized standards for motorcycle rider training courses, or standards for motorcycle rider safety programs which are approved by the department and are comparable to the standards of the motorcycle safety foundationís motorcycle rider safety program. Approved courses shall include at least eight hours of instruction in the actual operation of a motorcycle. Monies from the motorcycle safety fund established pursuant to section ninety-two-g of the state finance law shall be used for the establishment and implementation of this program.
2. The commissioner shall issue a request for proposals for the coordination of a motorcycle safety program which shall set requirements for the preparation of bids. The commissioner shall enter into a contract, for a period of five years, with a motorcycle rider training coordinating organization selected pursuant to such process. The contract shall be awarded following the consideration of factors which shall include, but not be limited to, the most favorable financial advantage for the state, the greatest utility to the motorcyclist, the comprehensiveness and effectiveness of such organization and its compatibility with the existing rider education programs. The motorcycle rider training coordination organization shall be subject to periodic reporting requirements established by the department outlining the administration and effectiveness of its program and an itemization of all motorcycle safety fund allocations. Such motorcycle rider training coordinating organization shall have at least three years experience in the administration of a statewide motorcycle rider education program, and have as its administrator an individual who has no financial or proprietary interest in a motorcycle training school or facility.
3. The motorcycle rider training coordinating organization shall submit to the commissioner for approval requests for advances pursuant to a contract and reimbursements for advances from the motorcycle safety fund for equipment, operating and administrative costs and other expenses necessary to carry out the provisions of this section. The commissioner shall approve all such requests for expenditures that are in accordance with the provisions of this section.
4. The commissioner shall annually file a report on expenditures from the motorcycle safety fund, established pursuant to section ninety-two-g of the state finance law, with the legislature. Such report shall include the name of the funded motorcycle rider training coordinating organization and the amount of funds distributed to it and shall provide an evaluation of the overall effectiveness of the funded programs and any recommendations for programmatic changes.