S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1398--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation  --  recom-
   mitted  to  the  Committee on Transportation in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted 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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1111-g to read as follows:
   § 1111-G. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BICY-
 CLE LANE RESTRICTIONS.  (A) 1. NOTWITHSTANDING ANY  OTHER  PROVISION  OF
 LAW,  THE  CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTAB-
 LISH A BICYCLE LANE SAFETY PROGRAM IMPOSING MONETARY  LIABILITY  ON  THE
 OWNER  OF  A  MOTOR VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY
 WITH BICYCLE LANE RESTRICTIONS IN  SUCH  CITY  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF THIS SECTION. THE NEW YORK CITY DEPARTMENT OF TRANSPORTA-
 TION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL  INSTALL
 AND  OPERATE BICYCLE LANE PHOTO DEVICES ON, WITHIN OR IN CLOSE PROXIMITY
 TO PROTECTED BICYCLE LANES. BICYCLE LANE PHOTO DEVICES MAY BE  ACTIVATED
 AT  LOCATIONS  AS  DETERMINED  BY  SUCH  DEPARTMENT  OF  TRANSPORTATION;
 PROVIDED, HOWEVER, THAT THERE SHALL BE NO MORE THAN FIFTY  BICYCLE  LANE
 PHOTO DEVICES LOCATED WITHIN SUCH CITY.
   2.  THE  CITY  OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
 THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
 TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A BICYCLE LANE PHOTO
 DEVICE. SUCH MEASURES SHALL INCLUDE:
   (I) UTILIZATION OF NECESSARY TECHNOLOGIES TO  ENSURE,  TO  THE  EXTENT
 PRACTICABLE,  THAT  IMAGES PRODUCED BY A BICYCLE LANE PHOTO DEVICE SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02650-02-2
              

 S. 1398--A                          2
 
 NOT INCLUDE IMAGES THAT IDENTIFY THE  DRIVER,  THE  PASSENGERS,  OR  THE
 CONTENTS  OF  THE  MOTOR  VEHICLE,  PROVIDED, HOWEVER, THAT NO NOTICE OF
 LIABILITY ISSUED PURSUANT TO THIS  SECTION  SHALL  BE  DISMISSED  SOLELY
 BECAUSE  AN  IMAGE  ALLOWS  FOR  THE  IDENTIFICATION  OF THE DRIVER, THE
 PASSENGERS OR OTHER CONTENTS OF A MOTOR VEHICLE;
   (II) A PROHIBITION ON THE USE  OR  DISSEMINATION  OF  MOTOR  VEHICLES'
 LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY A
 BICYCLE LANE PHOTO DEVICE EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY
 UNDER  THIS  SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY
 COURT ORDER; OR (C) AS OTHERWISE REQUIRED BY LAW;
   (III)  THE  INSTALLATION  OF  SIGNAGE  AT  REGULAR  INTERVALS   WITHIN
 PROTECTED BICYCLE LANES STATING THAT BICYCLE LANE PHOTO DEVICES ARE USED
 TO ENFORCE RESTRICTIONS ON VEHICULAR TRAFFIC IN SUCH BICYCLE LANES; AND
   (IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
 PRIVACY PROTECTION MEASURES.
   3.  BICYCLE LANE PHOTO DEVICES SHALL ONLY BE OPERATED ON, WITHIN OR IN
 CLOSE  PROXIMITY  TO  PROTECTED  BICYCLE  LANES.    WARNING  NOTICES  OF
 VIOLATION  WILL  BE ISSUED DURING THE FIRST SIXTY DAYS THAT BICYCLE LANE
 PHOTO DEVICES ARE OPERATED ON, WITHIN OR  IN  CLOSE  PROXIMITY  TO  EACH
 PROTECTED BICYCLE LANE IN THE BICYCLE LANE SAFETY PROGRAM.
   (B)  IF  THE  CITY  OF  NEW YORK HAS ESTABLISHED A BICYCLE LANE SAFETY
 PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS  SECTION,  THE  OWNER  OF  A
 MOTOR  VEHICLE  SHALL  BE  LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS
 SECTION IF SUCH MOTOR VEHICLE WAS USED OR OPERATED WITH  THE  PERMISSION
 OF  THE  OWNER,  EXPRESS  OR  IMPLIED,  IN VIOLATION OF ANY BICYCLE LANE
 RESTRICTIONS THAT APPLY TO PROTECTED BICYCLE LANES WITHIN SUCH  PROGRAM,
 AND  SUCH  VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A BICYCLE
 LANE PHOTO DEVICE; PROVIDED, HOWEVER, THAT NO OWNER OF A  MOTOR  VEHICLE
 SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE
 OPERATOR  OF  SUCH  MOTOR  VEHICLE  HAS BEEN CONVICTED OF THE UNDERLYING
 VIOLATION OF ANY BICYCLE LANE RESTRICTIONS.
   (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER.
   2. "BICYCLE LANE" SHALL HAVE THE MEANING PROVIDED IN  ARTICLE  ONE  OF
 THIS CHAPTER.
   3.  "BICYCLE LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF
 OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND  PRODUCES  ONE  OR
 MORE  IMAGES OF EACH MOTOR VEHICLE AT THE TIME IT IS IN VIOLATION OF ANY
 BICYCLE LANE RESTRICTION.
   4. "BICYCLE LANE RESTRICTION" SHALL MEAN A RESTRICTION ON THE USE OF A
 DESIGNATED TRAFFIC LANE BY MOTOR VEHICLES OTHER THAN BICYCLES IMPOSED ON
 ANY ROADWAY OR BICYCLE LANE BY LOCAL LAW AND SIGNS ERECTED  BY  THE  NEW
 YORK CITY DEPARTMENT OF TRANSPORTATION.
   5.  "BICYCLE LANE SAFETY PROGRAM" SHALL MEAN ANY ROADWAY DESIGNATED BY
 THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION THAT OPERATES ON OR ADJA-
 CENT TO ANY  PROTECTED  BICYCLE  LANE  AND  THAT  MAY  INCLUDE  UPGRADED
 SIGNAGE,  ENHANCED  ROAD MARKINGS, TRAFFIC SIGNAL PRIORITY FOR BICYCLES,
 AND ANY OTHER ENHANCEMENT THAT INCREASES THE SAFETY OF CYCLISTS.
   6. "PROTECTED BICYCLE LANE" SHALL MEAN A BICYCLE LANE THAT  IS  DESIG-
 NATED FOR THE EXCLUSIVE USE OF BICYCLES AND IS DESIGNATED AS PART OF THE
 BICYCLE  LANE  SAFETY PROGRAM AS DETERMINED BY THE NEW YORK CITY DEPART-
 MENT OF TRANSPORTATION.  PROTECTED BICYCLE LANE SHALL INCLUDE ANY  BICY-
 CLE  LANE  WHICH  IS  PHYSICALLY  SEPARATED FROM THE ROADWAY BY CURBING,
 BOLLARDS, OR OTHER OTHER BARRIER.
 S. 1398--A                          3
 
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  CITY  OF  NEW  YORK  IN  WHICH THE CHARGED VIOLATION OCCURRED, OR A
 FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR  OTHER RECORDED IMAGES PRODUCED BY A BICYCLE LANE
 PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THER-
 EIN.    ANY  PHOTOGRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
 IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION  IN
 ANY  PROCEEDING  TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT
 TO THIS SECTION.
   (E) AN OWNER LIABLE FOR A VIOLATION  OF  A  BICYCLE  LANE  RESTRICTION
 IMPOSED  ON  ANY ROADWAY WITHIN THE BICYCLE LANE SAFETY PROGRAM SHALL BE
 LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
 PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF  THE  CITY  OF
 NEW  YORK;  PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A
 BICYCLE LANE RESTRICTION  SHALL  NOT  EXCEED  FIFTY  DOLLARS;  PROVIDED,
 FURTHER,  THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO
 EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND
 TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL  NOT  BE
 DEEMED  A  CONVICTION  OF  AN OPERATOR AND SHALL NOT BE MADE PART OF THE
 OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED,  NOR
 SHALL  IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
 CLE INSURANCE COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A  VIOLATION  OF  A  BICYCLE
 LANE  RESTRICTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED.
 A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY  COURSE
 OF  BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THERE-
 IN.
   2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
 PERSON  ALLEGED  TO  BE  LIABLE AS AN OWNER FOR A VIOLATION OF A BICYCLE
 LANE RESTRICTION, THE REGISTRATION NUMBER OF THE MOTOR VEHICLE  INVOLVED
 IN  SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUD-
 ING THE STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES  IDENTIFYING
 THE  VIOLATION,  THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICA-
 TION NUMBER  OF  THE  BICYCLE  LANE  PHOTO  DEVICE  WHICH  RECORDED  THE
 VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE  TO  CONTEST
 IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE  AGENCY
 OR  AGENCIES  DESIGNATED  BY  THE  CITY OF NEW YORK, OR ANY OTHER ENTITY
 AUTHORIZED BY SUCH  CITY  TO  PREPARE  AND  MAIL  SUCH  NOTIFICATION  OF
 VIOLATION.
   5.  ADJUDICATION  OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
   (H) IF AN OWNER OF A MOTOR VEHICLE  RECEIVES  A  NOTICE  OF  LIABILITY
 PURSUANT  TO  THIS  SECTION  FOR ANY TIME PERIOD DURING WHICH SUCH MOTOR
 VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN,  IT
 SHALL  BE  A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION
 OF A BICYCLE LANE RESTRICTION THAT THE MOTOR VEHICLE HAD  BEEN  REPORTED
 TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
 NOT  BEEN RECOVERED BY SUCH TIME.  FOR PURPOSES OF ASSERTING THE DEFENSE
 S. 1398--A                          4

 PROVIDED BY THIS SUBDIVISION IT SHALL BE  SUFFICIENT  THAT  A  CERTIFIED
 COPY  OF  THE POLICE REPORT ON THE STOLEN MOTOR VEHICLE BE SENT BY FIRST
 CLASS MAIL TO THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
   (I)  1.  AN OWNER WHO IS A LESSOR OF A MOTOR VEHICLE TO WHICH A NOTICE
 OF LIABILITY WAS ISSUED PURSUANT TO  SUBDIVISION  (G)  OF  THIS  SECTION
 SHALL  NOT  BE  LIABLE  FOR THE VIOLATION OF A BICYCLE LANE RESTRICTION,
 PROVIDED THAT:
   (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  SUCH  PARKING
 VIOLATIONS  BUREAU  IN  ACCORDANCE  WITH  THE  PROVISIONS OF SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER, AND
   (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH  BUREAU
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED  IN  THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
 SUCH BUREAU THE CORRECT NAME AND ADDRESS OF  THE  LESSEE  OF  THE  MOTOR
 VEHICLE  IDENTIFIED  IN  THE  NOTICE  OF  LIABILITY  AT THE TIME OF SUCH
 VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED  IN
 THE  RENTAL,  LEASE  OR  OTHER  CONTRACT  DOCUMENT, AS MAY BE REASONABLY
 REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE  PROMULGATED
 FOR SUCH PURPOSE.
   2.  FAILURE  TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
 SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.
   3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH  ONE  OF
 THIS  SUBDIVISION,  THE LESSEE OF SUCH MOTOR VEHICLE ON THE DATE OF SUCH
 VIOLATION SHALL BE DEEMED TO BE THE OWNER  OF  SUCH  MOTOR  VEHICLE  FOR
 PURPOSES  OF  THIS  SECTION,  SHALL  BE  SUBJECT  TO  LIABILITY FOR SUCH
 VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
 ITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
   (J) IF THE OWNER LIABLE FOR A VIOLATION OF A BICYCLE LANE  RESTRICTION
 WAS  NOT THE OPERATOR OF THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION,
 THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE  OPERA-
 TOR.
   (K)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A MOTOR VEHICLE FOR  ANY  VIOLATION  OF  BICYCLE  LANE
 RESTRICTIONS.
   (L)  IF  THE  CITY  OF  NEW  YORK ADOPTS A BICYCLE LANE SAFETY PROGRAM
 PURSUANT TO SUBDIVISION (A) OF THIS SECTION, IT SHALL SUBMIT A REPORT ON
 THE RESULTS OF THE USE OF BICYCLE LANE PHOTO DEVICES  TO  THE  GOVERNOR,
 THE  TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
 WITHIN TWO YEARS OF THE ADOPTION OF SUCH BICYCLE LANE SAFETY PROGRAM AND
 EVERY TWO YEARS THEREAFTER. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO:
   1. A DESCRIPTION OF THE LOCATIONS WHERE  BICYCLE  LANE  PHOTO  DEVICES
 WERE USED;
   2.  THE  TOTAL  NUMBER  OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL
 BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
   4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE OF LIABILITY;
   5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK;
   7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS;
   8. THE TOTAL NUMBER OF BICYCLE LANE PHOTO DEVICES BY TYPE OF DEVICE;
   9. THE TOTAL COST TO THE CITY OF NEW YORK; AND
 S. 1398--A                          5
 
   10. A DETAILED REPORT ON THE NUMBER ACCIDENTS  INVOLVING  CYCLISTS  IN
 PROTECTED  BICYCLE  LANES BEFORE AND AFTER IMPLEMENTATION OF THE BICYCLE
 LANE SAFETY PROGRAM, INCLUDING CURRENT STATISTICS.
   (M)  ANY  REVENUE  FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
 SECTION FROM A BICYCLE LANE PHOTO  DEVICE  THAT  WAS  AUTHORIZED  TO  BE
 INSTALLED  AND  USED  PURSUANT  TO THIS SECTION SHALL BE REMITTED BY THE
 CITY OF NEW YORK TO THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION ON  A
 QUARTERLY BASIS TO BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF
 THE NEW YORK CITY TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO
 SECTION TWELVE HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall expire 5 years after  such  date  when  upon
 such date the provisions of this act shall be deemed repealed. Effective
 immediately  the  addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made on or before such date.