Chautauqua County Sheriffs Deputy Tim Hollern and County Legislator Tom Nelson present on a proposed law to require motorists to move over 3-feet for non-motorists (August 19, 2026)
Jamestown County Legislator Tom Nelson is proposing a local law that would require motorists move over three feet for non-motorists, including bicyclists and horse-drawn carriages.
Nelson, speaking before the Legislature’s Public Safety Committee, said that 33 other states and the District of Colombia already have legislation like this and three counties in New York State have also adopted laws requiring motorists to move over. He said the law he’s proposing is modeled after Cortland County’s law.
New York Vehicle and Traffic Law currently requires motorists to pass bicyclists at a “safe distance,” but does not mandate a specific three-foot minimum. The proposed law would require the three-foot minimum where non-motorists such as bicyclists, pedestrians, persons riding mounted animals, persons operating horse-drawn carriages or horse and buggies are concerned.
The proposed three-foot distance requirement would not apply to the overtaking of bicyclists on roads with clearly marked bicycle lanes as defined by New York Vehicle and Traffic Law. If an operator of a motor vehicle does not have sufficient space to approach or pass a non-motorist at a distance of at least three feet, the operator must slow down and overtake the non-motorist in a safe manner.
Chautauqua County Sheriff Deputy Tim Hollern joined Nelson at the meeting as he has been a cyclist for 16 years. He said that some states have a four-foot rule, but that he thinks that would be too much, “Because, that puts the passing vehicles too far into the oncoming lane a lot of the time. So, the three foot rule, typically on state highways anyway, will put a car if they pass maybe a foot or two into the oncoming lane in order to give the bicycle a three-foot variant, and that’s if the bicycle is riding on the fog line.”
When asked how the law would be enforced, Hollern said it gives bicyclists a tool for when they feel a motorist has passed too close, “If bicyclist feels that they got passed that close to where you really were in fear of being hit, and it happens, that you could call the police, give a deposition, and then the officer would most likely go and interview the person as well and see what they have to say. But, that would be another way to arrest.”
The proposed law would fine motorists who failed to comply with the law with $225 for a first offense, $325 for a second offense, and $425 for a third or any subsequent offense(s).
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