STATE OF NEW YORK
        ________________________________________________________________________

                                          3304

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- 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-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

        S. 3304                             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-

        S. 3304                             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.

        S. 3304                             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.

        S. 3304                             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.