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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S05717 Detail]

Download: New_York-2019-S05717-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5717

                               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

        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 vehicle for failure of an operator  thereof  to  comply  with
     8  bicycle lane restrictions in such city in accordance with the provisions
     9  of  this  section.  The  New York city department of transportation, for
    10  purposes of the implementation of such program, shall install and  oper-
    11  ate  bicycle  lane  photo  devices  on,  within or in close proximity to
    12  protected bicycle lanes. Bicycle lane photo devices may be activated  at
    13  locations  as determined by such department of transportation; provided,
    14  however, that there shall be no  more  than  fifty  bicycle  lane  photo
    15  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 vehicle, provided, however, that no notice of liability
    24  issued pursuant to this section shall be  dismissed  solely  because  an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10246-02-9
        S. 5717                             2

     1  image  allows  for  the  identification of the driver, the passengers or
     2  other contents of a vehicle;
     3    (ii)  a  prohibition  on the use or dissemination of vehicles' license
     4  plate information and other information and images captured by a bicycle
     5  lane photo device except: (A) as required to establish  liability  under
     6  this  section  or collect payment of penalties; (B) as required by court
     7  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 that is estab-
    18  lished after June fifteenth, two thousand twenty.
    19    (b)  If  the  city  of  New York has established a bicycle lane safety
    20  program pursuant to subdivision (a) of this  section,  the  owner  of  a
    21  vehicle  shall  be liable for a penalty imposed pursuant to this section
    22  if such vehicle was used or operated with the permission of  the  owner,
    23  express  or  implied, in violation of any bicycle lane restrictions that
    24  apply to protected bicycle lanes within such program, and such violation
    25  is evidenced by information obtained from a bicycle lane  photo  device;
    26  provided,  however,  that  no  owner  of a vehicle shall be liable for a
    27  penalty imposed pursuant to this section  where  the  operator  of  such
    28  vehicle  has  been  convicted of the underlying violation of any bicycle
    29  lane restrictions.
    30    (c) For purposes of this section, the following terms shall  have  the
    31  following meanings:
    32    1.  "owner"  shall  have the meaning provided in article two-B of this
    33  chapter.
    34    2. "bicycle lane" shall have the meaning provided in  article  one  of
    35  this chapter.
    36    3.  "bicycle lane photo device" shall mean a device that is capable of
    37  operating independently of an enforcement officer and  produces  one  or
    38  more  images of each vehicle at the time it is in violation of any bicy-
    39  cle lane restriction.
    40    4. "bicycle lane restriction" shall mean a restriction on the use of a
    41  designated traffic lane by vehicles other than bicycles imposed  on  any
    42  roadway  or  bicycle lane by local law and signs erected by the New York
    43  city department of transportation.
    44    5. "bicycle lane safety program" shall mean any roadway designated  by
    45  the New York city department of transportation that operates on or adja-
    46  cent  to  any  protected  bicycle  lane  and  that  may include upgraded
    47  signage, enhanced road markings, traffic signal priority  for  bicycles,
    48  and any other enhancement that increases the safety of cyclists.
    49    6.  "protected  bicycle lane" shall mean a bicycle lane that is desig-
    50  nated for the exclusive use of bicycles and is designated as part of the
    51  bicycle lane safety program as determined by the New York  city  depart-
    52  ment  of transportation.  Protected bicycle lane shall include any bicy-
    53  cle lane which is physically separated  from  the  roadway  by  curbing,
    54  bollards, or other other barrier.
    55    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    56  the city of New York in which  the  charged  violation  occurred,  or  a
        S. 5717                             3

     1  facsimile  thereof,  based  upon  inspection of photographs, microphoto-
     2  graphs, videotape or other recorded images produced by  a  bicycle  lane
     3  photo device, shall be prima facie evidence of the facts contained ther-
     4  ein.    Any  photographs,  microphotographs, videotape or other recorded
     5  images evidencing such a violation shall be available for inspection  in
     6  any  proceeding  to adjudicate the liability for such violation pursuant
     7  to this section.
     8    (e) An owner liable for a violation  of  a  bicycle  lane  restriction
     9  imposed  on  any roadway within the bicycle lane safety program shall be
    10  liable for monetary penalties in accordance with a schedule of fines and
    11  penalties promulgated by the parking violations bureau of  the  city  of
    12  New  York;  provided, however, that the monetary penalty for violating a
    13  bicycle lane restriction  shall  not  exceed  fifty  dollars;  provided,
    14  further,  that an owner shall be liable for an additional penalty not to
    15  exceed twenty-five dollars for each violation for the failure to respond
    16  to a notice of liability within the prescribed time period.
    17    (f) An imposition of liability pursuant to this section shall  not  be
    18  deemed  a  conviction  of  an operator and shall not be made part of the
    19  operating record of the person upon whom such liability is imposed,  nor
    20  shall  it be used for insurance purposes in the provision of motor vehi-
    21  cle insurance coverage.
    22    (g) 1. A notice of liability shall be sent by first class mail to each
    23  person alleged to be liable as an owner for a  violation  of  a  bicycle
    24  lane  restriction. Personal delivery to the owner shall not be required.
    25  A manual or automatic record of mailing prepared in the ordinary  course
    26  of  business shall be prima facie evidence of the facts contained there-
    27  in.
    28    2. A notice of liability shall contain the name  and  address  of  the
    29  person  alleged  to  be  liable as an owner for a violation of a bicycle
    30  lane restriction, the registration number of  the  vehicle  involved  in
    31  such  violation,  the location where such violation took place including
    32  the street address or cross streets, one or more images identifying  the
    33  violation,  the  date  and time of such violation and the identification
    34  number of the bicycle lane photo device which recorded the violation  or
    35  other document locator number.
    36    3.  The  notice  of  liability  shall contain information advising the
    37  person charged of the manner and the time in which he or she may contest
    38  the liability alleged in the notice. Such notice of liability shall also
    39  contain a warning to advise the person charged that failure  to  contest
    40  in  the manner and time provided shall be deemed an admission of liabil-
    41  ity and that a default judgment may be entered thereon.
    42    4. The notice of liability shall be prepared and mailed by the  agency
    43  or  agencies  designated  by  the  city of New York, or any other entity
    44  authorized by such  city  to  prepare  and  mail  such  notification  of
    45  violation.
    46    5.  Adjudication  of the liability imposed upon owners by this section
    47  shall be by the New York city parking violations bureau.
    48    (h) If an owner of a vehicle receives a notice of  liability  pursuant
    49  to  this  section  for  any  time  period  during which such vehicle was
    50  reported to the police department as having been stolen, it shall  be  a
    51  valid defense to an allegation of liability for a violation of a bicycle
    52  lane  restriction  that  the  vehicle had been reported to the police as
    53  stolen prior to the time the violation occurred and had not been  recov-
    54  ered  by  such time.   For purposes of asserting the defense provided by
    55  this subdivision it shall be sufficient that a  certified  copy  of  the
        S. 5717                             4

     1  police  report  on the stolen vehicle be sent by first class mail to the
     2  New York city parking violations bureau.
     3    (i)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
     4  liability was issued pursuant to subdivision (g) of this  section  shall
     5  not  be liable for the violation of a bicycle lane restriction, provided
     6  that:
     7    (i) prior to the violation, the lessor has  filed  with  such  parking
     8  violations  bureau  in  accordance  with  the  provisions of section two
     9  hundred thirty-nine of this chapter, and
    10    (ii) within thirty-seven days after receiving notice from such  bureau
    11  of the date and time of a liability, together with the other information
    12  contained  in  the  original  notice of liability, the lessor submits to
    13  such bureau the correct name and address of the lessee  of  the  vehicle
    14  identified  in  the  notice  of liability at the time of such violation,
    15  together with such other additional information contained in the rental,
    16  lease or other contract document, as may be reasonably required by  such
    17  bureau pursuant to regulations that may be promulgated for such purpose.
    18    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
    19  subdivision shall render the lessor liable for the penalty prescribed in
    20  this section.
    21    3. Where the lessor complies with the provisions of paragraph  one  of
    22  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
    23  violation shall be deemed to be the owner of such vehicle  for  purposes
    24  of this section, shall be subject to liability for such violation pursu-
    25  ant  to this section and shall be sent a notice of liability pursuant to
    26  subdivision (g) of this section.
    27    (j) If the owner liable for a violation of a bicycle lane  restriction
    28  was  not  the  operator of the vehicle at the time of the violation, the
    29  owner may maintain an action for indemnification against the operator.
    30    (k) Nothing in this section shall be construed to limit the  liability
    31  of  an  operator  of  a  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 by
    37  April first, two thousand twenty and every two  years  thereafter.  Such
    38  report shall include, but not be limited to:
    39    1.  a  description  of  the locations where bicycle lane photo devices
    40  were used;
    41    2. the total number of violations recorded on  a  monthly  and  annual
    42  basis;
    43    3. the total number of notices of liability issued;
    44    4.  the number of fines and total amount of fines paid after the first
    45  notice of liability;
    46    5. the number of violations adjudicated and results  of  such  adjudi-
    47  cations including breakdowns of dispositions made;
    48    6. the total amount of revenue realized by the city of New York;
    49    7. the quality of the adjudication process and its results;
    50    8. the total number of bicycle lane photo devices by type of device;
    51    9. the total cost to the city of New York; and
    52    10.  a  detailed  report on the number accidents involving cyclists in
    53  protected bicycle lanes before and after implementation of  the  bicycle
    54  lane safety program, including current statistics.
    55    (m)  Any  revenue  from fines and penalties collected pursuant to this
    56  section from a bicycle lane photo  device  that  was  authorized  to  be
        S. 5717                             5

     1  installed  and  used pursuant to the chapter of the laws of two thousand
     2  nineteen that added this section shall be remitted by the  city  of  New
     3  York  to  the  New York city department of transportation on a quarterly
     4  basis  to  be deposited in the general transportation account of the New
     5  York city transportation assistance fund established pursuant to section
     6  twelve hundred seventy-i of the public authorities law.
     7    § 2. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become  a  law  and shall expire 5 years after such date when upon
     9  such date the provisions of this act shall be deemed repealed. Effective
    10  immediately the addition, amendment and/or repeal of any rule  or  regu-
    11  lation  necessary  for  the  implementation of this act on its effective
    12  date are authorized to be made and completed on or before such date.