S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3304
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06475-01-3
              

 S. 3304                             2
 
 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.
   (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-
 S. 3304                             3
 
 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
 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.
 S. 3304                             4
 
   (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
   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.
 S. 3304                             5

   (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.