David Riley, Staff writer

Theresa Juva-Brown, The Journal News

Merrill%27s Law%2C created in 2010%2C requires drivers to pass cyclists %22at a safe distance.%22

Between 2011 and 2013%2C an average of only 29 Merrill%27s Law tickets were written statewide each year

The Monroe County Sheriff%27s Office has recorded just one citation under the law%2C in May 2011

Some cyclists cite the law%27s vague language as a likely reason for the small number of tickets issued

Biking daily from Corn Hill to his job in Henrietta, Scott Wagner can't always ride on the shoulder of the road.

Glass, other debris and potholes sometimes make it too treacherous to pedal to the right of the white line. In the winter, slush and muck often make the street's edge impassable.

So Wagner sometimes rides in the regular lane, as state law allows cyclists to do. It's not unusual for cars to pass him closely, or for buses to whiz by with their mirrors uncomfortably close to his head.

"It shakes you up," Wagner said.

Sometimes those moments end in tragedy. Five years ago Nov. 6, Merrill Cassell, an avid cyclist, was struck and killed by a bus while riding his bike along Route 119 in Greenburgh, Westchester County. The driver was not charged. But Cassell's death led to a movement to create Merrill's Law, which went on the books in 2010 and requires drivers to pass cyclists "at a safe distance."

Though the law was intended to make drivers more aware of cyclists, state records show that few tickets have been written under the law.

Between 2011 and 2013, an average of 29 Merrill's Law tickets were written statewide each year, according to state Department of Motor Vehicles figures.

The Monroe County Sheriff's Office has recorded just one citation under the law, in May 2011, spokesman Cpl. John Helfer said. Town or village police agencies have written just three other citations under Merrill's Law since 2010, not including any handed out by city and state police, Helfer said.

This year through mid-September, the DMV has recorded a total of 22 Merrill's Law tickets statewide.

Monroe County has seen a number of cyclists struck on local roads recently, including a woman who was run down by driver on Clifford Avenue in July and a man killed on Paul Road in Chili in August.

Law changes?

It remains unclear why so few tickets have been issued or whether amending the law would make it more effective, officials and advocates say.

"Before you rush to change the law, you have to know why the tickets aren't being issued," said Assemblywoman Amy Paulin, D-Scarsdale, one of the legislation's sponsors. "We don't know if it's a police problem, or if it's a law problem."

Initially, cycling advocates pushed for the law to specify a safe distance. Despite a call to make the distance 3 feet, debate over whether it would make the law too difficult to enforce led to the "safe distance" phrase instead.

Some cyclists, including Wagner, cite the law's vague language as a likely reason for the small number of tickets issued.

"That ambiguity is the root of the whole problem here," said Wagner, who is involved in the Rochester Cycling Alliance and is a board member for the Rochester Bicycling Club. "Safe distance to the operator of an automobile is not safe distance to a bicyclist."

State Police spokeswoman Trooper Melissa McMorris said even though Merrill's Law hasn't generated many violations, it doesn't mean drivers are avoiding penalties if they are at fault. Drivers could be issued other violations under similar provisions of vehicle and traffic laws.

Merrill's Law, she noted, only addresses situations in which vehicles are approaching cyclists from behind on the same road. "If cyclists feel a vehicle has violated this section of the law, they are encouraged to contact us," she said.

McMorris said if an accident investigation reveals the driver was in violation of Merrill's Law, police would issue a ticket. But in many cases, the cyclist doesn't want to have to testify against the driver in court, she said.

"People don't want to go to that extent — they want the driver spoken to and they want the driver to know this law exists," she said.

Roger Levy, owner of Freewheeler's bike shop on Mt. Hope Avenue, said cyclists rarely prevail in court, and it's hard to know if Merrill's Law could change that.

"It really will be a great day when people can go into court and say that motorist should be responsible and not have the motorist win by simply saying, 'He came from out of nowhere,' " Levy said.

According to the National Conference of State Legislatures, 25 states and Washington, D.C., had adopted 3-foot laws as of June. Another 19 states have "safe distance" laws like New York's.

The New York Bicycling Coalition has favored a 3-foot law, said Richard DeSarra, who sits on the group's board and is president of the Rochester Cycling Alliance.

"It may help educate," he said. "But if the police don't know how to implement the law, then it's just another law on the books."

Sharing, not dominating road

Even if Merrill's Law was amended to strengthen enforcement, there are many other steps — ones that may be more important — that can be taken to make roads safer for everyone who uses them, cycling advocates say.

That could include better education on how drivers and cyclists are supposed to share the road, said Mark Robbins, president of the Rochester Bicycling Club.

"Education has got to be an integral part of improving the situation," he said.

DeSarra agreed and said that process will take time. "We're just beginning in the United States to have a lot more cyclists on the road," he said.

Cycling advocates also see infrastructure as part of the answer, and some gave high marks for Rochester's recent additions of bike lanes and street markings, as well as its exploration of bicycle boulevards, or cyclist-friendly streets that run parallel to main roads. But many still see plenty of room for improvement throughout the region.

"I personally think cycling is becoming safer, but there are a lot of people that just don't feel it's safe yet," DeSarra said.

Advocates also believe that the more people who bike and do it properly, in the same direction as traffic, the safer the roads will become.

Cyclists acknowledge some fellow riders give them a bad reputation, riding against traffic or ignoring other rules.

"It's a few bad eggs that spoil it for everyone," said Mike Benowitz, a Rockland Bicycling Club member. "One guy decides to go through the stop sign and everyone assumes every cyclist is like that."

Rockland Bicycling Club member Steve Brehl argued that "it's not an issue of cyclists versus cars."

"It's an issue of keeping the road safe for everyone," Brehl said. "Safe for my wife getting the mail. Safe for my neighbor walking the dog, and safe for children waiting for the school bus. Nearly everyone wants to share the road safely."

AAA New York spokesman Robert Sinclair said drivers and cyclists need to understand they both have rights to the road.

"It's necessary for a driver to exercise patience and caution to make sure they are on a portion of the highway where they can safely go around," he said. "Cyclists shouldn't be holding up traffic if there is sufficient room on the side of the road. It's called sharing the road, not dominating the road."

Other steps might include posting signs that make clear cyclists have the right to use the full traffic lane if they need to and citing motorists who drive in bike lanes, Wagner said. At least some bike paths and lanes also should be better maintained in the winter, particularly for people who rely on bicycles to get around, he said.

But ultimately, it's about being more courteous to everyone using the road, he said.

"Somehow, we need to have the same courtesy for each other when we're in an automobile … that we would have if we were talking to them face to face," Wagner said.

DRILEY@DemocratandChronicle.com

Twitter.com/rilzd

Merrill's Law (1122-a) tickets issued statewide

2011 -13

2012 - 21

2013 - 53

2014* - 22

Source: New York state Department of Motor Vehicles

* = (through mid-September)