Cunningham, Gonzalez-Rojas, Epstein, Paulin, De Los Santos, Simon, Simone, Burgos, Carroll,
Bichotte Hermelyn, Mitaynes
MLTSPNSR
Add 1111-g, V & T L
Establishes in the city of New York a bicycle lane safety program to enforce certain restrictions on the use of protected bicycle lanes by means of bicycle lane photo devices.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4637
SPONSOR: Mamdani TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the estab-
lishment in the city of New York of a bicycle lane safety program; and
providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
To authorize and empower the city of New York to establish a bike lane
safety program that protects cyclists and holds encroaching motorists
accountable through bike lane cameras and monetary penalties.
SUMMARY OF PROVISIONS:
Section 1 amends the vehicle and traffic law to outline owner liability
for failure of an operator to comply with bicycle lane restrictions and
to authorize the city of New York to establish a bicycle lane safety
program. The city shall install bicycle lane photo devices within or in
close proximity to no more than fifty protected bicycle lanes and take
measures to protect the .privacy of those whose identity may be captured
by such devices. Bicycle lane restrictions refer to a restriction on the
use of such protected lanes by motor vehicles other than bicycles. This
section also provides that monetary penalties for violating these
restrictions shall not exceed fifty dollars. The imposition and adjudi-
cation of liability is also described in this section, along with a
requirement that the city of New York submit a report on the results of
this program.
Section 2 relates to the effective date.
JUSTIFICATION:
In the wake of unfortunate yet preventable cyclist fatalities in the
city of New York, more must be done to enforce bicycle lane restrictions
and ensure the safety of cyclists. Installing cameras on protected bike
lanes will not only deter motor vehicles from encroaching on those lanes
but also hold violators liable for monetary penalties not exceeding
fifty dollars. Given that this establishes a pilot program, cameras
will be installed at no more than fifty protected lanes, and the city
will submit a report on the results of the program. Cyclists should be
allowed to ride on their designated lanes without fear of colliding with
reckless motorists. With this additional enforcement mechanism in place,
cyclists can ride more confidently on the bike lanes created and demar-
cated specifically for their use.
PRIOR LEGISLATIVE HISTORY:
S.5717-A of 2019-2020 (Hoylman): Died in Transportation
A.6674-A of 2019-2020 (DenDekker): Died in Transportation
FISCAL IMPLICATIONS:
Revenues collected through fines and penalties from this program shall
go to the general transportation account of the New York city transpor-
tation assistance fund.
EFFECTIVE DATE:
This act shall take effect on the nineteenth day after it shall have
become a law and shall expire 5 years after such date the provisions of
this act shall be deemed repealed. Effective immediately the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
4637
2023-2024 Regular Sessions
IN ASSEMBLY
February 21, 2023
___________
Introduced by M. of A. MAMDANI -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the estab-
lishment in the city of New York of a bicycle lane safety program; and
providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1111-g to read as follows:
3 § 1111-g. Owner liability for failure of operator to comply with bicy-
4 cle lane restrictions. (a) 1. Notwithstanding any other provision of
5 law, the city of New York is hereby authorized and empowered to estab-
6 lish a bicycle lane safety program imposing monetary liability on the
7 owner of a motor vehicle for failure of an operator thereof to comply
8 with bicycle lane restrictions in such city in accordance with the
9 provisions of this section. The New York city department of transporta-
10 tion, for purposes of the implementation of such program, shall install
11 and operate bicycle lane photo devices on, within or in close proximity
12 to protected bicycle lanes. Bicycle lane photo devices may be activated
13 at locations as determined by such department of transportation;
14 provided, however, that there shall be no more than fifty bicycle lane
15 photo devices located within such city.
16 2. The city of New York shall adopt and enforce measures to protect
17 the privacy of drivers, passengers, pedestrians and cyclists whose iden-
18 tity and identifying information may be captured by a bicycle lane photo
19 device. Such measures shall include:
20 (i) utilization of necessary technologies to ensure, to the extent
21 practicable, that images produced by a bicycle lane photo device shall
22 not include images that identify the driver, the passengers, or the
23 contents of the motor vehicle, provided, however, that no notice of
24 liability issued pursuant to this section shall be dismissed solely
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06475-01-3
A. 4637 2
1 because an image allows for the identification of the driver, the
2 passengers or other contents of a motor vehicle;
3 (ii) a prohibition on the use or dissemination of motor vehicles'
4 license plate information and other information and images captured by a
5 bicycle lane photo device except: (A) as required to establish liability
6 under this section or collect payment of penalties; (B) as required by
7 court order; or (C) as otherwise required by law;
8 (iii) the installation of signage at regular intervals within
9 protected bicycle lanes stating that bicycle lane photo devices are used
10 to enforce restrictions on vehicular traffic in such bicycle lanes; and
11 (iv) oversight procedures to ensure compliance with the aforementioned
12 privacy protection measures.
13 3. Bicycle lane photo devices shall only be operated on, within or in
14 close proximity to protected bicycle lanes. Warning notices of
15 violation will be issued during the first sixty days that bicycle lane
16 photo devices are operated on, within or in close proximity to each
17 protected bicycle lane in the bicycle lane safety program.
18 (b) If the city of New York has established a bicycle lane safety
19 program pursuant to subdivision (a) of this section, the owner of a
20 motor vehicle shall be liable for a penalty imposed pursuant to this
21 section if such motor vehicle was used or operated with the permission
22 of the owner, express or implied, in violation of any bicycle lane
23 restrictions that apply to protected bicycle lanes within such program,
24 and such violation is evidenced by information obtained from a bicycle
25 lane photo device; provided, however, that no owner of a motor vehicle
26 shall be liable for a penalty imposed pursuant to this section where the
27 operator of such motor vehicle has been convicted of the underlying
28 violation of any bicycle lane restrictions.
29 (c) For purposes of this section, the following terms shall have the
30 following meanings:
31 1. "owner" shall have the meaning provided in article two-B of this
32 chapter.
33 2. "bicycle lane" shall have the meaning provided in article one of
34 this chapter.
35 3. "bicycle lane photo device" shall mean a device that is capable of
36 operating independently of an enforcement officer and produces one or
37 more images of each motor vehicle at the time it is in violation of any
38 bicycle lane restriction.
39 4. "bicycle lane restriction" shall mean a restriction on the use of a
40 designated traffic lane by motor vehicles other than bicycles imposed on
41 any roadway or bicycle lane by local law and signs erected by the New
42 York city department of transportation.
43 5. "bicycle lane safety program" shall mean any roadway designated by
44 the New York city department of transportation that operates on or adja-
45 cent to any protected bicycle lane and that may include upgraded
46 signage, enhanced road markings, traffic signal priority for bicycles,
47 and any other enhancement that increases the safety of cyclists.
48 6. "protected bicycle lane" shall mean a bicycle lane that is desig-
49 nated for the exclusive use of bicycles and is designated as part of the
50 bicycle lane safety program as determined by the New York city depart-
51 ment of transportation. Protected bicycle lane shall include any bicy-
52 cle lane which is physically separated from the roadway by curbing,
53 bollards, or other other barrier.
54 (d) A certificate, sworn to or affirmed by a technician employed by
55 the city of New York in which the charged violation occurred, or a
56 facsimile thereof, based upon inspection of photographs, microphoto-
A. 4637 3
1 graphs, videotape or other recorded images produced by a bicycle lane
2 photo device, shall be prima facie evidence of the facts contained ther-
3 ein. Any photographs, microphotographs, videotape or other recorded
4 images evidencing such a violation shall be available for inspection in
5 any proceeding to adjudicate the liability for such violation pursuant
6 to this section.
7 (e) An owner liable for a violation of a bicycle lane restriction
8 imposed on any roadway within the bicycle lane safety program shall be
9 liable for monetary penalties in accordance with a schedule of fines and
10 penalties promulgated by the parking violations bureau of the city of
11 New York; provided, however, that the monetary penalty for violating a
12 bicycle lane restriction shall not exceed fifty dollars; provided,
13 further, that an owner shall be liable for an additional penalty not to
14 exceed twenty-five dollars for each violation for the failure to respond
15 to a notice of liability within the prescribed time period.
16 (f) An imposition of liability pursuant to this section shall not be
17 deemed a conviction of an operator and shall not be made part of the
18 operating record of the person upon whom such liability is imposed, nor
19 shall it be used for insurance purposes in the provision of motor vehi-
20 cle insurance coverage.
21 (g) 1. A notice of liability shall be sent by first class mail to each
22 person alleged to be liable as an owner for a violation of a bicycle
23 lane restriction. Personal delivery to the owner shall not be required.
24 A manual or automatic record of mailing prepared in the ordinary course
25 of business shall be prima facie evidence of the facts contained there-
26 in.
27 2. A notice of liability shall contain the name and address of the
28 person alleged to be liable as an owner for a violation of a bicycle
29 lane restriction, the registration number of the motor vehicle involved
30 in such violation, the location where such violation took place includ-
31 ing the street address or cross streets, one or more images identifying
32 the violation, the date and time of such violation and the identifica-
33 tion number of the bicycle lane photo device which recorded the
34 violation or other document locator number.
35 3. The notice of liability shall contain information advising the
36 person charged of the manner and the time in which he or she may contest
37 the liability alleged in the notice. Such notice of liability shall also
38 contain a warning to advise the person charged that failure to contest
39 in the manner and time provided shall be deemed an admission of liabil-
40 ity and that a default judgment may be entered thereon.
41 4. The notice of liability shall be prepared and mailed by the agency
42 or agencies designated by the city of New York, or any other entity
43 authorized by such city to prepare and mail such notification of
44 violation.
45 5. Adjudication of the liability imposed upon owners by this section
46 shall be by the New York city parking violations bureau.
47 (h) If an owner of a motor vehicle receives a notice of liability
48 pursuant to this section for any time period during which such motor
49 vehicle was reported to the police department as having been stolen, it
50 shall be a valid defense to an allegation of liability for a violation
51 of a bicycle lane restriction that the motor vehicle had been reported
52 to the police as stolen prior to the time the violation occurred and had
53 not been recovered by such time. For purposes of asserting the defense
54 provided by this subdivision it shall be sufficient that a certified
55 copy of the police report on the stolen motor vehicle be sent by first
56 class mail to the New York city parking violations bureau.
A. 4637 4
1 (i) 1. An owner who is a lessor of a motor vehicle to which a notice
2 of liability was issued pursuant to subdivision (g) of this section
3 shall not be liable for the violation of a bicycle lane restriction,
4 provided that:
5 (i) prior to the violation, the lessor has filed with such parking
6 violations bureau in accordance with the provisions of section two
7 hundred thirty-nine of this chapter, and
8 (ii) within thirty-seven days after receiving notice from such bureau
9 of the date and time of a liability, together with the other information
10 contained in the original notice of liability, the lessor submits to
11 such bureau the correct name and address of the lessee of the motor
12 vehicle identified in the notice of liability at the time of such
13 violation, together with such other additional information contained in
14 the rental, lease or other contract document, as may be reasonably
15 required by such bureau pursuant to regulations that may be promulgated
16 for such purpose.
17 2. Failure to comply with subparagraph (ii) of paragraph one of this
18 subdivision shall render the lessor liable for the penalty prescribed in
19 this section.
20 3. Where the lessor complies with the provisions of paragraph one of
21 this subdivision, the lessee of such motor vehicle on the date of such
22 violation shall be deemed to be the owner of such motor vehicle for
23 purposes of this section, shall be subject to liability for such
24 violation pursuant to this section and shall be sent a notice of liabil-
25 ity pursuant to subdivision (g) of this section.
26 (j) If the owner liable for a violation of a bicycle lane restriction
27 was not the operator of the motor vehicle at the time of the violation,
28 the owner may maintain an action for indemnification against the opera-
29 tor.
30 (k) Nothing in this section shall be construed to limit the liability
31 of an operator of a motor vehicle for any violation of bicycle lane
32 restrictions.
33 (l) If the city of New York adopts a bicycle lane safety program
34 pursuant to subdivision (a) of this section, it shall submit a report on
35 the results of the use of bicycle lane photo devices to the governor,
36 the temporary president of the senate and the speaker of the assembly
37 within two years of the adoption of such bicycle lane safety program and
38 every two years thereafter. Such report shall include, but not be limit-
39 ed to:
40 1. a description of the locations where bicycle lane photo devices
41 were used;
42 2. the total number of violations recorded on a monthly and annual
43 basis;
44 3. the total number of notices of liability issued;
45 4. the number of fines and total amount of fines paid after the first
46 notice of liability;
47 5. the number of violations adjudicated and results of such adjudi-
48 cations including breakdowns of dispositions made;
49 6. the total amount of revenue realized by the city of New York;
50 7. the quality of the adjudication process and its results;
51 8. the total number of bicycle lane photo devices by type of device;
52 9. the total cost to the city of New York; and
53 10. a detailed report on the number accidents involving cyclists in
54 protected bicycle lanes before and after implementation of the bicycle
55 lane safety program, including current statistics.
A. 4637 5
1 (m) Any revenue from fines and penalties collected pursuant to this
2 section from a bicycle lane photo device that was authorized to be
3 installed and used pursuant to this section shall be remitted by the
4 city of New York to the New York city department of transportation on a
5 quarterly basis to be deposited in the general transportation account of
6 the New York city transportation assistance fund established pursuant to
7 section twelve hundred seventy-i of the public authorities law.
8 § 2. This act shall take effect on the ninetieth day after it shall
9 have become a law and shall expire 5 years after such date when upon
10 such date the provisions of this act shall be deemed repealed. Effective
11 immediately the addition, amendment and/or repeal of any rule or regu-
12 lation necessary for the implementation of this act on its effective
13 date are authorized to be made on or before such date.
