S 10459 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10459 Summary: BILL NO S10459 &nbsp SAME AS No Same As &nbsp SPONSOR BOTTCHER &nbsp COSPNSR BRISPORT, GONZALEZ, KRUEGER, RAMOS, SALAZAR &nbsp MLTSPNSR &nbsp Add §1111-j, V & T L &nbsp Establishes in the city of New York a bicycle lane safety program to enforce certain restrictions on the use of bicycle lanes and/or protected bicycle lanes by means of bicycle lane photo devices.

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STATE OF NEW YORK ________________________________________________________________________

10459

IN SENATE

May 15, 2026 ___________

Introduced by Sens. BOTTCHER, BRISPORT, GONZALEZ, KRUEGER, RAMOS, SALA- ZAR -- read twice and ordered printed, and when printed to be commit- ted 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-j to read as follows: 3 § 1111-j. 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. Such bicycle lane safety program shall 10 empower the New York city department of transportation, for purposes of 11 the implementation of such program, to install and operate bicycle lane 12 photo devices on, within or in close proximity to bicycle lanes and/or 13 protected bicycle lanes. Bicycle lane photo devices may be stationary or 14 mobile and shall be activated at locations as determined by such depart- 15 ment of transportation; provided, however, that there shall be no more 16 than fifty bicycle lane photo devices located within such city. 17 2. The city of New York shall adopt and enforce measures to protect 18 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 19 tity and identifying information may be captured by a bicycle lane photo 20 device. Such measures shall include: 21 (i) utilization of necessary technologies to ensure, to the extent 22 practicable, that images produced by a bicycle lane photo device shall 23 not include images that identify the driver, the passengers, or the 24 contents of the motor vehicle, provided, however, that no notice of 25 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. LBD00071-06-6

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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 along bicycle 9 lanes and/or protected bicycle lanes stating that bicycle lane photo 10 devices are used to enforce restrictions on vehicular traffic in such 11 bicycle lanes; and 12 (iv) oversight procedures to ensure compliance with the aforementioned 13 privacy protection measures. 14 3. Bicycle lane photo devices shall only be operated on, within or in 15 close proximity to bicycle lanes and/or protected bicycle lanes. Warn- 16 ing notices of violation will be issued during the first sixty days that 17 bicycle lane photo devices are operated on, within or in close proximity 18 to each bicycle lane and/or protected bicycle lane in the bicycle lane 19 safety program. 20 (b) If the city of New York has established a bicycle lane safety 21 program pursuant to subdivision (a) of this section, the owner of a 22 motor vehicle shall be liable for a penalty imposed pursuant to this 23 section if such motor vehicle was used or operated with the permission 24 of the owner, express or implied, in violation of any bicycle lane 25 restrictions that apply to bicycle lanes and/or protected bicycle lanes 26 within such program, and such violation is evidenced by information 27 obtained from a bicycle lane photo device; provided, however, that no 28 owner of a motor vehicle shall be liable for a penalty imposed pursuant 29 to this section where the operator of such motor vehicle has been 30 convicted of the underlying violation of any bicycle lane restrictions. 31 (c) For purposes of this section, the following terms shall have the 32 following meanings: 33 1. "owner" shall have the meaning provided in article two-B of this 34 chapter. 35 2. "bicycle lane" shall have the meaning provided in article one of 36 this chapter. 37 3. "bicycle lane photo device" shall mean a device that is capable of 38 operating independently of an enforcement officer and produces one or 39 more images of each motor vehicle at the time it is in violation of any 40 bicycle lane restriction. 41 4. "bicycle lane restriction" shall mean a restriction on the use of a 42 designated traffic lane by motor vehicles other than bicycles imposed on 43 any roadway or bicycle lane by local law or rule of the city of New York 44 and signs erected by the New York city department of transportation. 45 5. "bicycle lane safety program" shall mean any roadway designated by 46 the New York city department of transportation that operates on or adja- 47 cent to any bicycle lane and/or protected bicycle lane and that may 48 include upgraded signage, enhanced road markings, traffic signal priori- 49 ty for bicycles, and any other enhancement that increases the safety of 50 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 barrier.

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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 for a first 16 violation, one hundred dollars for a second violation within a twelve- 17 month period, one hundred fifty dollars for a third violation within a 18 twelve-month period, two hundred dollars for a fourth violation within a 19 twelve-month period, and two hundred fifty dollars for each subsequent 20 violation within a twelve-month period; provided, further, that an owner 21 shall be liable for an additional penalty not to exceed twenty-five 22 dollars for each violation for the failure to respond to a notice of 23 liability within the prescribed time period. 24 (f) An imposition of liability pursuant to this section shall not be 25 deemed a conviction of an operator and shall not be made part of the 26 operating record of the person upon whom such liability is imposed, nor 27 shall it be used for insurance purposes in the provision of motor vehi- 28 cle insurance coverage. 29 (g) 1. A notice of liability shall be sent by first class mail to each 30 person alleged to be liable as an owner for a violation of a bicycle 31 lane restriction. Personal delivery to the owner shall not be required. 32 A manual or automatic record of mailing prepared in the ordinary course 33 of business shall be prima facie evidence of the facts contained there- 34 in. 35 2. A notice of liability shall contain the name and address of the 36 person alleged to be liable as an owner for a violation of a bicycle 37 lane restriction, the registration number of the motor vehicle involved 38 in such violation, the location where such violation took place includ- 39 ing the street address or cross streets, one or more images identifying 40 the violation, the date and time of such violation and the identifica- 41 tion number of the bicycle lane photo device which recorded the 42 violation or other document locator number. 43 3. The notice of liability shall contain information advising the 44 person charged of the manner and the time in which such person may 45 contest the liability alleged in the notice. Such notice of liability 46 shall also contain a warning to advise the person charged that failure 47 to contest in the manner and time provided shall be deemed an admission 48 of liability and that a default judgment may be entered thereon. 49 4. The notice of liability shall be prepared and mailed by the agency 50 or agencies designated by the city of New York, or any other entity 51 authorized by such city to prepare and mail such notification of 52 violation. 53 5. Adjudication of the liability imposed upon owners by this section 54 shall be by the New York city parking violations bureau. 55 (h) If an owner of a motor vehicle receives a notice of liability 56 pursuant to this section for any time period during which such motor

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1 vehicle was reported to the police department as having been stolen, it 2 shall be a valid defense to an allegation of liability for a violation 3 of a bicycle lane restriction that the motor vehicle had been reported 4 to the police as stolen prior to the time the violation occurred and had 5 not been recovered by such time. For purposes of asserting the defense 6 provided by this subdivision it shall be sufficient that a certified 7 copy of the police report on the stolen motor vehicle be sent by first 8 class mail to the New York city parking violations bureau. 9 (i) 1. An owner who is a lessor of a motor vehicle to which a notice 10 of liability was issued pursuant to subdivision (g) of this section 11 shall not be liable for the violation of a bicycle lane restriction, 12 provided that: 13 (i) prior to the violation, the lessor has filed with such parking 14 violations bureau in accordance with the provisions of section two 15 hundred thirty-nine of this chapter, and 16 (ii) within thirty-seven days after receiving notice from such bureau 17 of the date and time of a liability, together with the other information 18 contained in the original notice of liability, the lessor submits to 19 such bureau the correct name and address of the lessee of the motor 20 vehicle identified in the notice of liability at the time of such 21 violation, together with such other additional information contained in 22 the rental, lease or other contract document, as may be reasonably 23 required by such bureau pursuant to regulations that may be promulgated 24 for such purpose. 25 2. Failure to comply with subparagraph (ii) of paragraph one of this 26 subdivision shall render the lessor liable for the penalty prescribed in 27 this section. 28 3. Where the lessor complies with the provisions of paragraph one of 29 this subdivision, the lessee of such motor vehicle on the date of such 30 violation shall be deemed to be the owner of such motor vehicle for 31 purposes of this section, shall be subject to liability for such 32 violation pursuant to this section and shall be sent a notice of liabil- 33 ity pursuant to subdivision (g) of this section. 34 (j) If the owner liable for a violation of a bicycle lane restriction 35 was not the operator of the motor vehicle at the time of the violation, 36 the owner may maintain an action for indemnification against the opera- 37 tor. 38 (k) Nothing in this section shall be construed to limit the liability 39 of an operator of a motor vehicle for any violation of bicycle lane 40 restrictions. 41 (l) If the city of New York adopts a bicycle lane safety program 42 pursuant to subdivision (a) of this section, it shall submit a report on 43 the results of the use of bicycle lane photo devices to the governor, 44 the temporary president of the senate and the speaker of the assembly 45 within two years of the adoption of such bicycle lane safety program and 46 every two years thereafter. Such report shall include, but not be limit- 47 ed to: 48 1. a description of the locations where bicycle lane photo devices 49 were used; 50 2. the total number of violations recorded on a monthly and annual 51 basis; 52 3. the total number of notices of liability issued; 53 4. the number of fines and total amount of fines paid after the first 54 notice of liability; 55 5. the number of violations adjudicated and results of such adjudi- 56 cations including breakdowns of dispositions made;

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1 6. the total amount of revenue realized by the city of New York; 2 7. the quality of the adjudication process and its results; 3 8. the total number of bicycle lane photo devices by type of device; 4 9. the total cost to the city of New York; and 5 10. a detailed report on the number of accidents involving cyclists in 6 bicycle lanes and/or protected bicycle lanes before and after implemen- 7 tation of the bicycle lane safety program, including current statistics. 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.

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