No, it is not illegal to drive barefoot in New York. There is no state law or local ordinance that prohibits driving without shoes, nor is there a requirement that drivers wear any specific type of footwear while operating a vehicle. If you are pulled over by law enforcement for any reason, you cannot be ticketed simply for being barefoot behind the wheel.
What the Law Says
- No Prohibition: New York State traffic law does not require drivers to wear shoes or any particular footwear. Driving barefoot is fully legal.
- No Ticket for Bare Feet: Police cannot issue a citation just because you are driving without shoes.
Safety and Legal Implications
While it is legal, driving barefoot is not necessarily recommended:
- Control and Safety: Shoes provide better grip and stability on the pedals, making it easier to control your vehicle. Bare feet can slip, especially if they are wet or sweaty, which could lead to an accident.
- Liability in Accidents: If you are involved in an accident while driving barefoot, the other party or their insurance company may argue that your lack of footwear contributed to the crash. In New York, which follows a “pure comparative fault” rule, your compensation could be reduced by the percentage of fault attributed to you if barefoot driving is found to have played a role in the accident.
- Negligence: The law expects drivers to operate vehicles safely. If driving barefoot is deemed to have caused you to lose control or react poorly, you could be found partially or fully liable for resulting damages.
Common Misconceptions
- The belief that driving barefoot is illegal is widespread but incorrect. This myth exists in many states, not just New York.
- Similarly, driving in flip-flops or sandals is also legal, though equally discouraged for safety reasons due to the risk of slipping or the shoe getting caught under pedals.
Driving barefoot in New York is legal, and you cannot be ticketed for it. However, for safety and to avoid potential liability in the event of an accident, it is generally advised to wear secure, stable footwear while driving.
SOURCES
[1] https://www.bronxlawfirm.net/blog/is-it-illegal-to-drive-barefoot-in-ny
[2] https://www.baileyjohnson.com/blog/is-it-illegal-to-drive-barefoot-in-new-york/
[3] https://www.bragolilaw.com/blog/2024/04/why-you-shouldnt-drive-barefoot-in-new-york/
[4] https://www.rwhm.com/is-it-legal-to-drive-barefoot-ny/
[5] https://wgna.com/is-it-illegal-to-drive-barefoot-in-new-york-state/
