New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter D - Equipment
Part 59 - Reflective Devices Or Materials For Bicycles And In-line Skates
Section 59.1 - Brief history of the bicycle regulations
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Prior to 1972, New York had been experiencing a rise in the number of bicycle injuries and fatalities. This rise prompted the passage of chapter 848 of the Laws of 1972. This new law required the Commissioner of Motor Vehicles to promulgate regulations regarding the visibility of bicycles in all directions.
(b) To accomplish this purpose, the Department of Motor Vehicles held public hearings and did considerable research. In December of 1972 this Part was first promulgated. Between 1973 and 1975, this Part was amended five times. The bicycle regulations were highly effective in making a bicycle visible in all directions. Front and rear reflectors, pedal reflectors and side reflectors or reflective tires were required. When appropriate, reflector requirements were updated to include wide angle reflectors. Although the regulations allowed wide angle reflex reflectors to be used as a means of side reflectivity, as a practical matter, only reflective tires were used to accomplish this requirement.
(c) In 1976, three factors combined to void this Part. First, the Consumer Product Safety Commission Improvements Act of 1975 was signed into law. The Consumer Product Safety Commission regulates bicycles on the Federal level. The commission had regulations of its own on bicycles in force since 1974. Under the Improvements Act, these CPSC regulations may or may not have preempted New York.
(d) Next, the bicycle industry sued New York to bar enforcement of this Part. The bicycle industry was granted a preliminary injunction.
(e) Finally, the New York Legislature made the issue academic by passing chapter 887 of the Laws of 1976. This statute repealed the authority to promulgate regulations governing bicycle visibility in all directions. In its place was the authority to approve types of reflectors or tires to be used for side reflectivity.
