Journal News editorial on Merrill’s Law for safe distance passing
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- June
- 30
3 feet please
The Lower Hudson Valley attracts scores of bicyclists who pedal along hilly roadways that hug the Hudson, along Seven Lakes Drive in Harriman State Park and across Route 22 north of Bedford. These riders are in line for a measure of protection, following final legislative action Tuesday requiring drivers to give them a wide berth when passing.
The Assembly passed legislation Tuesday that requires motorists pass bicyclists “at a safe distance from the left”; those who don’t risk being cited for a traffic infraction. The Senate passed its version of the bill on Friday. It now goes to Gov. David Paterson; he should sign the life-saving measure into law.
Although cycling advocates wanted a 3-foot buffer and a misdemeanor charge, the pending legislation should not disappoint. It makes clear that drivers must use caution when sharing the road with bicyclists. “A minimum of three feet is considered a safe distance in most circumstances,” Senate Bill 7897 reads. It notes further: “There are, however, occasions when a distance greater than three feet is necessary in order to pass at a safe distance.” The main sponsors were Sen. Andrea Stewart-Cousins, D-Yonkers, and Assemblywoman Amy Paulin, D-Scarsdale, who recounted her own bike-riding crash with a car when she was a teen. Some 42 cyclists were killed on New York roads in 2008.
The common-sense legislation was spurred by tragedy. Avid bicycling enthusiast Merrill Cassell died last fall after being sideswiped by a Bee-Line bus as he rode on Route 119 in Greenburgh. Cassell, a member of the Westchester Putnam Bike Walk Alliance, had advocated for ways to make bicycling a viable transportation option in the suburbs, including putting bike racks on Westchester County buses. His funeral procession was flanked by bike riders, some wearing bright yellow-and-black jerseys resembling a roadway caution sign, emblazoned with the slogan, “3 Feet Please.” The legislative push to mandate safe passing of bike riders became known as “Merrill’s Law.”
Bicyclists who ride on the right side of the road should have every expectation that faster-moving motor vehicles will pass them on the left, leaving enough room so the biker can maneuver around cracks, potholes or other roadway worries. The measure would take effect Nov. 1. As “Merrill’s Law” acknowledges, there should still be plenty of room for riders of all kinds to share the road.
A Journal News editorial










This is excellent news. Kudos to Sen. Andrea Stewart-Cousins, D-Yonkers, and Assemblywoman Amy Paulin, D-Scarsdale, for rolling up their sleeves and championing the safety of New York’s cyclists. Indeed, it would have been great news to have learned that the “3 Feet Please” piece was included in the Assembly’s work, but requiring motorists to pass bicyclists “at a safe distance from the left” is far better than nothing.
Look, most motorists and cyclists get along very well together on our roads (and they are OUR roads). However, we have a lot of work to do to address the problems caused by the irresponsible and disrespecful scofflaws on both sides.
So much of the noise surrounding cycling safety issues are focused on the actions of the few motorists and cyclists who just don’t get it. Most motorists and cyclists, thank God, are very respectful and responsible. But there are those few who don’t care about their own safety let alone others’ safety. We argue endlessly about the actions of these few scofflaws on both sides. And while we argue people are getting hurt and killed. Moms and dads and brothers and sisters and just good people are losing their lives because we cannot get it right. We cannot focus our attention on taking reasonable steps to provide “clear standards for behavior and ultimately safer roads for drivers, runners, cyclists, pedestrians and all others.” We have to push aside all the meaningless noise and do whatever we can to give vulnerable road users greater protection in our car centric society. And at the same time we need to let vulnerable road users know that they have rules to follow as well…and they too will be held accountable. Authorities must address the violation of the laws by all road users.
To all the members of the New York Assembly, may I just say, well done. I am hoping that I can say the same for Governor Paterson on Friday after he makes “Merrill’s Law” a reality for New York’s cyclists. Make it happen Governor…lives are at stake.
Thank you,
Joe Mizereck,
Founder, The “3 Feet Please” Campaign
Anything that makes motorists more aware of bicyclist and pedestrian safety issues is great!