§ 1128. Driving on roadways laned for traffic. Whenever any roadway\nhas been divided into two or more clearly marked lanes for traffic the\nfollowing rules in addition to all others consistent herewith shall\napply:\n (a) A vehicle shall be driven as nearly as practicable entirely within\na single lane and shall not be moved from such lane until the driver has\nfirst ascertained that such movement can be made with safety.\n (b) Upon a roadway which is divided into three lanes and provides for\ntwo-way movement of traffic a vehicle shall not be driven in the center\nlane except when overtaking and passing another vehicle traveling in the\nsame direction when such center lane is clear of traffic within a safe\ndistance, or in preparation for making a left turn or where such center\nlane is at the time allocated exclusively to traffic moving in the same\ndirection that the vehicle is proceeding and such allocation is\ndesignated by official traffic-control devices.\n (c) When official traffic-control devices direct slow-moving traffic,\ntrucks, buses or specified types of vehicles to use a designated lane or\ndesignate those lanes to be used by traffic moving in a particular\ndirection regardless of the center of the roadway, drivers of vehicles\nshall obey the directions of every such sign, signal or marking.\n (d) When official markings are in place indicating those portions of\nany roadway where crossing such markings would be especially hazardous,\nno driver of a vehicle proceeding along such highway shall at any time\ndrive across such markings.\n
N.Y. Veh. & Traf. Law § 1128
Driving on roadways laned for traffic
Applied in 80 court decisions — leading case Guerrero v. Milla (2016)
Most recently applied in People v. Sereno (Anthony) (August 2024)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.