#BIkeNYC Law Decision Tree Steve Vaccaro

Does Article 34 of the New York State Vehicle & Traffic Law directly regulate the conduct?

Is the conduct regulated by a provision of the New York State Vehicle & Traffic Law that NYC has superseded in 34 RCNY 4-02(e)? (see page 16 of pdf)

No

No

Yes
Yes

If a provision of NYS VTL Article 34 directly regulates the conduct and the provision is not superseded by 34 RCNY 4-2(e), the provision governs

10

Does any other provision of Title 7 of the New York State Vehicle & Traffic Law (articles 23 through 34C except 34) directly regulate the conduct when engaged in by operators of vehicles? (NOT operators of motor vehicles)

Is the conduct regulated by a rule enacted by the NYS Dept of Transportation, codified at 17 NYCRR?

If a rule of the NYS Dept of Transportation, codified at 17 NYCRR, directly regulates the conduct, the rule governs

11

Yes

No

No

Yes

Is the conduct regulated by a provision of the New York State Vehicle & Traffic Law that NYC has superseded in 34 RCNY 4-02(e)? (see page 16 of pdf)
No Yes

Is the conduct regulated by 34 Rules of the City of New York Section RCNY 4-12 when it is engaged in by bicyclists (not by operators of vehicles)?

If the conduct is directly regulated by a provision in 34 Rules of the City of New York Section RCNY 4-12 when it is engaged in by bicyclists , that provision governs

12

No

Yes

Is the provision one which by its nature cannot apply to bicycles?

No Yes

The provision of the New York State Vehicle & Traffic Law , title 7, governs bicyclists conduct, via VTL 1231

Is the conduct regulated by the New York City Administrative Code, under a parks, transportation, consumer affairs or buildings regulation?

If the conduct is regulated by the New York City Administrative Code, under a parks, transportation, consumer affairs or buildings regulation, that provision governs The conduct is regulated only by civil tort law, as developed by judges in decided cases

13 14

No