Bill Text: NY S05717 | 2019-2020 | General Assembly | Amended

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-20 - PRINT NUMBER 5717A [S05717 Detail]

Download: New_York-2019-S05717-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 13, 2019

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        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-f to read as follows:
     3    § 1111-f. 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5717--A                          2

     1  contents of the motor vehicle, provided,  however,  that  no  notice  of
     2  liability  issued  pursuant  to  this  section shall be dismissed solely
     3  because an image allows  for  the  identification  of  the  driver,  the
     4  passengers or other contents of a motor vehicle;
     5    (ii)  a  prohibition  on  the  use or dissemination of motor vehicles'
     6  license plate information and other information and images captured by a
     7  bicycle lane photo device except: (A) as required to establish liability
     8  under this section or collect payment of penalties; (B) as  required  by
     9  court order; or (C) as otherwise required by law;
    10    (iii)   the  installation  of  signage  at  regular  intervals  within
    11  protected bicycle lanes stating that bicycle lane photo devices are used
    12  to enforce restrictions on vehicular traffic in such bicycle lanes; and
    13    (iv) oversight procedures to ensure compliance with the aforementioned
    14  privacy protection measures.
    15    3. Bicycle lane photo devices shall only be operated on, within or  in
    16  close  proximity  to  protected  bicycle  lanes.    Warning  notices  of
    17  violation will be issued during the first sixty days that  bicycle  lane
    18  photo  devices  are  operated  on,  within or in close proximity to each
    19  protected bicycle lane in the bicycle lane safety program that is estab-
    20  lished after June fifteenth, two thousand twenty.
    21    (b) If the city of New York has  established  a  bicycle  lane  safety
    22  program  pursuant  to  subdivision  (a)  of this section, the owner of a
    23  motor vehicle shall be liable for a penalty  imposed  pursuant  to  this
    24  section  if  such motor vehicle was used or operated with the permission
    25  of the owner, express or implied,  in  violation  of  any  bicycle  lane
    26  restrictions  that apply to protected bicycle lanes within such program,
    27  and such violation is evidenced by information obtained from  a  bicycle
    28  lane  photo  device; provided, however, that no owner of a motor vehicle
    29  shall be liable for a penalty imposed pursuant to this section where the
    30  operator of such motor vehicle has  been  convicted  of  the  underlying
    31  violation of any bicycle lane restrictions.
    32    (c)  For  purposes of this section, the following terms shall have the
    33  following meanings:
    34    1. "owner" shall have the meaning provided in article  two-B  of  this
    35  chapter.
    36    2.  "bicycle  lane"  shall have the meaning provided in article one of
    37  this chapter.
    38    3. "bicycle lane photo device" shall mean a device that is capable  of
    39  operating  independently  of  an enforcement officer and produces one or
    40  more images of each motor vehicle at the time it is in violation of  any
    41  bicycle lane restriction.
    42    4. "bicycle lane restriction" shall mean a restriction on the use of a
    43  designated traffic lane by motor vehicles other than bicycles imposed on
    44  any  roadway  or  bicycle lane by local law and signs erected by the New
    45  York city department of transportation.
    46    5. "bicycle lane safety program" shall mean any roadway designated  by
    47  the New York city department of transportation that operates on or adja-
    48  cent  to  any  protected  bicycle  lane  and  that  may include upgraded
    49  signage, enhanced road markings, traffic signal priority  for  bicycles,
    50  and any other enhancement that increases the safety of cyclists.
    51    6.  "protected  bicycle lane" shall mean a bicycle lane that is desig-
    52  nated for the exclusive use of bicycles and is designated as part of the
    53  bicycle lane safety program as determined by the New York  city  depart-
    54  ment  of transportation.  Protected bicycle lane shall include any bicy-
    55  cle lane which is physically separated  from  the  roadway  by  curbing,
    56  bollards, or other other barrier.

        S. 5717--A                          3

     1    (d)  A  certificate,  sworn to or affirmed by a technician employed by
     2  the city of New York in which  the  charged  violation  occurred,  or  a
     3  facsimile  thereof,  based  upon  inspection of photographs, microphoto-
     4  graphs, videotape or other recorded images produced by  a  bicycle  lane
     5  photo device, shall be prima facie evidence of the facts contained ther-
     6  ein.    Any  photographs,  microphotographs, videotape or other recorded
     7  images evidencing such a violation shall be available for inspection  in
     8  any  proceeding  to adjudicate the liability for such violation pursuant
     9  to this section.
    10    (e) An owner liable for a violation  of  a  bicycle  lane  restriction
    11  imposed  on  any roadway within the bicycle lane safety program shall be
    12  liable for monetary penalties in accordance with a schedule of fines and
    13  penalties promulgated by the parking violations bureau of  the  city  of
    14  New  York;  provided, however, that the monetary penalty for violating a
    15  bicycle lane restriction  shall  not  exceed  fifty  dollars;  provided,
    16  further,  that an owner shall be liable for an additional penalty not to
    17  exceed twenty-five dollars for each violation for the failure to respond
    18  to a notice of liability within the prescribed time period.
    19    (f) An imposition of liability pursuant to this section shall  not  be
    20  deemed  a  conviction  of  an operator and shall not be made part of the
    21  operating record of the person upon whom such liability is imposed,  nor
    22  shall  it be used for insurance purposes in the provision of motor vehi-
    23  cle insurance coverage.
    24    (g) 1. A notice of liability shall be sent by first class mail to each
    25  person alleged to be liable as an owner for a  violation  of  a  bicycle
    26  lane  restriction. Personal delivery to the owner shall not be required.
    27  A manual or automatic record of mailing prepared in the ordinary  course
    28  of  business shall be prima facie evidence of the facts contained there-
    29  in.
    30    2. A notice of liability shall contain the name  and  address  of  the
    31  person  alleged  to  be  liable as an owner for a violation of a bicycle
    32  lane restriction, the registration number of the motor vehicle  involved
    33  in  such violation, the location where such violation took place includ-
    34  ing the street address or cross streets, one or more images  identifying
    35  the  violation,  the date and time of such violation and the identifica-
    36  tion number  of  the  bicycle  lane  photo  device  which  recorded  the
    37  violation or other document locator number.
    38    3.  The  notice  of  liability  shall contain information advising the
    39  person charged of the manner and the time in which he or she may contest
    40  the liability alleged in the notice. Such notice of liability shall also
    41  contain a warning to advise the person charged that failure  to  contest
    42  in  the manner and time provided shall be deemed an admission of liabil-
    43  ity and that a default judgment may be entered thereon.
    44    4. The notice of liability shall be prepared and mailed by the  agency
    45  or  agencies  designated  by  the  city of New York, or any other entity
    46  authorized by such  city  to  prepare  and  mail  such  notification  of
    47  violation.
    48    5.  Adjudication  of the liability imposed upon owners by this section
    49  shall be by the New York city parking violations bureau.
    50    (h) If an owner of a motor vehicle  receives  a  notice  of  liability
    51  pursuant  to  this  section  for any time period during which such motor
    52  vehicle was reported to the police department as having been stolen,  it
    53  shall  be  a valid defense to an allegation of liability for a violation
    54  of a bicycle lane restriction that the motor vehicle had  been  reported
    55  to the police as stolen prior to the time the violation occurred and had
    56  not  been recovered by such time.  For purposes of asserting the defense

        S. 5717--A                          4

     1  provided by this subdivision it shall be  sufficient  that  a  certified
     2  copy  of  the police report on the stolen motor vehicle be sent by first
     3  class mail to the New York city parking violations bureau.
     4    (i)  1.  An owner who is a lessor of a motor vehicle to which a notice
     5  of liability was issued pursuant to  subdivision  (g)  of  this  section
     6  shall  not  be  liable  for the violation of a bicycle lane restriction,
     7  provided that:
     8    (i) prior to the violation, the lessor has  filed  with  such  parking
     9  violations  bureau  in  accordance  with  the  provisions of section two
    10  hundred thirty-nine of this chapter, and
    11    (ii) within thirty-seven days after receiving notice from such  bureau
    12  of the date and time of a liability, together with the other information
    13  contained  in  the  original  notice of liability, the lessor submits to
    14  such bureau the correct name and address of  the  lessee  of  the  motor
    15  vehicle  identified  in  the  notice  of  liability  at the time of such
    16  violation, together with such other additional information contained  in
    17  the  rental,  lease  or  other  contract  document, as may be reasonably
    18  required by such bureau pursuant to regulations that may be  promulgated
    19  for such purpose.
    20    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
    21  subdivision shall render the lessor liable for the penalty prescribed in
    22  this section.
    23    3. Where the lessor complies with the provisions of paragraph  one  of
    24  this  subdivision,  the lessee of such motor vehicle on the date of such
    25  violation shall be deemed to be the owner  of  such  motor  vehicle  for
    26  purposes  of  this  section,  shall  be  subject  to  liability for such
    27  violation pursuant to this section and shall be sent a notice of liabil-
    28  ity pursuant to subdivision (g) of this section.
    29    (j) If the owner liable for a violation of a bicycle lane  restriction
    30  was  not the operator of the motor vehicle at the time of the violation,
    31  the owner may maintain an action for indemnification against the  opera-
    32  tor.
    33    (k)  Nothing in this section shall be construed to limit the liability
    34  of an operator of a motor vehicle for  any  violation  of  bicycle  lane
    35  restrictions.
    36    (l)  If  the  city  of  New  York adopts a bicycle lane safety program
    37  pursuant to subdivision (a) of this section, it shall submit a report on
    38  the results of the use of bicycle lane photo devices  to  the  governor,
    39  the temporary president of the senate and the speaker of the assembly by
    40  April  first,  two  thousand twenty and every two years thereafter. Such
    41  report shall include, but not be limited to:
    42    1. a description of the locations where  bicycle  lane  photo  devices
    43  were used;
    44    2.  the  total  number  of violations recorded on a monthly and annual
    45  basis;
    46    3. the total number of notices of liability issued;
    47    4. the number of fines and total amount of fines paid after the  first
    48  notice of liability;
    49    5.  the  number  of violations adjudicated and results of such adjudi-
    50  cations including breakdowns of dispositions made;
    51    6. the total amount of revenue realized by the city of New York;
    52    7. the quality of the adjudication process and its results;
    53    8. the total number of bicycle lane photo devices by type of device;
    54    9. the total cost to the city of New York; and

        S. 5717--A                          5

     1    10. a detailed report on the number accidents  involving  cyclists  in
     2  protected  bicycle  lanes before and after implementation of the bicycle
     3  lane safety program, including current statistics.
     4    (m)  Any  revenue  from fines and penalties collected pursuant to this
     5  section from a bicycle lane photo  device  that  was  authorized  to  be
     6  installed  and  used pursuant to the chapter of the laws of two thousand
     7  nineteen that added this section shall be remitted by the  city  of  New
     8  York  to  the  New York city department of transportation on a quarterly
     9  basis to be deposited in the general transportation account of  the  New
    10  York city transportation assistance fund established pursuant to section
    11  twelve hundred seventy-i of the public authorities law.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law and shall expire 5 years after  such  date  when  upon
    14  such date the provisions of this act shall be deemed repealed. Effective
    15  immediately  the  addition, amendment and/or repeal of any rule or regu-
    16  lation necessary for the implementation of this  act  on  its  effective
    17  date are authorized to be made and completed on or before such date.