jindapee

not sure if there's a thread about this already but im curious to know if there's a law which states bikes must have a mechanical brake.

after being in an accident involving two vehicles, someone asked if i had a brake on my bike (at the time of the accident i was riding a road bike with both front and rear brakes). they went on to tell me that had i NOT had a mechanical brake on my bike that i would not have a legitimate suit against the motorists involved and would therefore be unable to collect any compensation; that a bike without brakes is deemed illegal on city streets.

on the flip side, i've also been told that brakeless riders have received compensation by stating that their legs were the brakes?! i didn't buy it.

has anyone had issues with this? can anyone clarify what makes a bike legal and illegal to ride? does anyone know if there is lawful clarification on this matter?

thanks.

SBinNYC

NYS Vehicle & Traffic Law Section 1234:
(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.

You can sue for compensation for negligence. The jury will set both the amount of the award and what percentage each of parties contributed. A jury may decide that a person riding a bicycle without mechanical brakes negligence was 99.44%, meaning a he could collect only 0.56% of the award. He would most surely get a ticket by the police for riding without a mechanical brake.

M.Alex

Hmmm.. I didn't know that SbinNYC, thanks. Good to keep in mind if I ever come across a situation like that.

AdamDZ

Here is my take on NYC traffic laws as they apply to bicycles, and another one on riding safely.

And yes, you need to have mechanical brakes. Fixies are technically illegal in NYC without brakes.

Adam

Commando303

No, you don't (need a bell). You can ring until your thumb falls off, but I've found New–York pedestrians simply will blankly look in your direction as you veer off-course in an attempt not to run them over — it's as if New–Yorkers have evolved with an acute deafness to bike-bells. Scream, woot, holler, and wail, but do not be dependent on your bell (be it "ring-ring" or ding) for the safety of yourself or of anyone else.

First, (many) delivery guys do ride on side-walks — no joke... Second, in reality, I've seen very few bikes with lights on them; plenty have reflectors (I'll not guess at percentages, but it is far from one-hundred), but many of those are improperly aligned (it often looks as if the rider figured, no matter how I stick this thing on, it'll do what it's supposed to).

No...more...BLINKIES!!!

bktourer1

If you make it into the Bronx, there are some nice paths along the Bronx River. From Pelham Parkway paths all the way to Orchard Beach & City Island

SBinNYC

Pedestrians and motorists indifference to bells may well be true. However, a bell or horn is a legal requirement.

NYS Vehicle and Traffic Law Section 1236:
(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.

The alert NYPD have noticed the lack of a bell or horn and have been known to issue tickets for bikes not equipped with one.

Commando303

I think it should be good sense not to ride in the city a bicycle without mechanical brakes (coaster brakes may or may not be O.K. — usually, the bikes on which they're fitted aren't ridden very fast, anyway, so the issue may not be of great import). The idea you can halt a fixed-gear bicycle adequetely "with your legs" is asking for trouble — stop the thing with your teeth, for all anyone cares, but at least have a good enough head on your shoulders to equip your ride with hand-brakes, "just in case."

Laws are not a good reason to do things or to refrain from them. Do you feel bicycle-bells/-horns are effective, in New York City? The spirit of this law is to necessitate means by which bicyclists may alert others of their presence: neither bells nor horns, in practice, achieve this. A cars needs a horn (one imagines, windows up, a voice might not travel very well into the road); a bicycle does not, unless its rider happens to be without voice.

SBinNYC

The subject for this thread is: "Biking Laws in NYC." Thread # 30 said: "No, you don't (need a bell)." There was no qualification that this was the author's opinion regarding the bell's effectiveness and not a legal opinion. I felt this distinction needed to be stated.

Commando303

Well, all right. (To be fair to, though, when I posted my reply, I neglected to note the original post was made during March of 2007. It's now January, 2011: let's hope Alphaod has gotten the rules down, by this point — .)

AdamDZ

Get an AirZound. Pedestrians react to it... often, in very satisfying ways

Commando303

I'm waiting for the handlebar-mounted–SuperSoaker version of the bike-bell — .

jindapee

hey SB,

thank you for actually finding the statute! do you have a link to where you found this?

jindapee

i absolutely agree, riding a brakeless bike seems very risky, which is the reason i was looking into the law. part of me believes that even having a mechanical brake on the bike won't keep you from getting injured in an accident or keep you from being in an accident all together but in a "just in case" scenario it makes sense.

the fact of the matter is bells, brakes, whistles and the like won't keep you as safe as a good head on your shoulders when riding, riding safe and making smart decisions is just as important. riding right next to park cars is simply dangerous. brakes or no brakes are going to keep that door from opening up in front of you.

SBinNYC

This site is maintained by the NYS Legislature. It's not 24/7.

https://public.leginfo.state.ny.us/me...MMONQUERY=LAWS

You can go down to VAT for Vehicle And Traffic Laws and then go to Sections 1230- for bicycles. You can also make a query.

In addition NYC has local regulations that supersede state law. The best thing to do is to use the pdf search function for bicycle.

https://www.nyc.gov/html/dot/downloads/pdf/trafrule.pdf

jeebusaurousrex

FWIW I am currently in a lawsuit after I was doored at night and suffered massive injury to my shoulder (still recovering after the surgery last summer).

Guess what everyone's first questions were, including my lawyer and the deposition lawyer?

1) Did you have front and rear lights?
2) Did you have functional brakes?
3) Were you wearing a helmet?

My answer to all 3 was "yes".

The unfortunate fact is you can do everything right and still get into an accident. When that happens though, the least you can do is be straight with the law.

I don't follow the bell law on my road bikes, but realistically my yelling is a lot more audible and attention grabbing than the small bells attached to my rain and commuter bikes.

Stacy

I have a little black Incredibell that sits next to my break lever and blends in nicely with my black handlebars, so visually, it's barely noticeable. Flicking my thumb against the lever makes getting across the Brooklyn Bridge a whole lot easier than constantly yelling at every tourist who gets in my way.

jeebusaurousrex

Looks pretty cool, but dear lord, stacy, I would think you would avoid the BB at all costs!

Stacy

If I want to get across the East River quickly I'll take the Manhattan or Williamsburg bridge. When I want to take in the view I'll take the Brooklyn Bridge. Despite the crowds it's still a pretty amazing ride.

AdamDZ

I normally ride over Willy B, it's my most direct route, but I often detour on nice days for fun so I rode over the BB a few times for the same reason: views. But OMG, what a ZOO! I couldn't help the feeling that I was riding through a post-apocalyptic, zombie-infested NYC People just wander around without any awareness of their surroundings. And the bike access on both ends sucks compared to other East River bridges. The Manhattan Bridge takes only a few minutes more and it's a lot more rideable.

jeebusaurousrex

Fair enough. I mean I like taking the BB for fun when I'm heading up to Nyack/Bear Mountain on very early weekend rides. But even at 630AM there is a surprising number of tourist. Anytime past breakfast is too insane for me.

m015094

Even now? I haven't ridden on the Brooklyn Bridge since September, but I would have figured the tourist traffic is down in the winter. But, yes, I agree - all the tourists do NOT pay attention to the bike path on the bridge, so I usually avoid it.

thefaceplace

There certainly is a lot of discussion about laws and fines for cyclists lately. I personally think it wouldn't be the worst thing for all cyclist to indeed follow the same rules of the road as cars. HOWEVER, I certainly don't think the fines should be as severe.

FrankieV

I always take the Brooklyn Bridge heading into the city.
Yes, it is a zoo but the view is spectacular.
As long as you know what you're getting into before you get on, you're alright.
You have to assume that no one pays attention to that dividing line.
Be honest now. If you were a tourist, would you be watching out for cyclists or taking in that scenery for the first time?

Commando303

I rode across the Brooklyn Bridge, my first time, not too long ago: About thirty minutes in, I was seething with rage, fighting the urge to throw my bike and a random pedestrian into the water, and wondering if I would drink the stuff under the sink if I ever made it home.