S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  803--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A. MAMDANI, CUNNINGHAM, GONZALEZ-ROJAS, EPSTEIN,
   PAULIN, DE LOS SANTOS, SIMON, SIMONE,  R. CARROLL,  BICHOTTE HERMELYN,
   MITAYNES,  TAPIA,  BORES,  FORREST  --  read  once and referred to the
   Committee on Transportation --  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-i to read as follows:
   § 1111-I. 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.  SUCH  BICYCLE  LANE SAFETY PROGRAM SHALL
 EMPOWER THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, FOR PURPOSES  OF
 THE  IMPLEMENTATION OF SUCH PROGRAM, TO INSTALL AND OPERATE BICYCLE LANE
 PHOTO DEVICES ON, WITHIN OR IN CLOSE PROXIMITY TO BICYCLE  LANES  AND/OR
 PROTECTED BICYCLE LANES. BICYCLE LANE PHOTO DEVICES MAY BE STATIONARY OR
 MOBILE AND SHALL BE ACTIVATED AT LOCATIONS AS DETERMINED BY SUCH DEPART-
 MENT  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00071-04-5
 A. 803--A                           2
 
   (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
 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 ALONG BICYCLE
 LANES AND/OR 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 BICYCLE LANES AND/OR PROTECTED BICYCLE LANES.  WARN-
 ING 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 BICYCLE LANE AND/OR 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 BICYCLE LANES AND/OR 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 OR RULE OF THE CITY OF NEW YORK
 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 BICYCLE LANE AND/OR PROTECTED  BICYCLE  LANE  AND  THAT  MAY
 INCLUDE UPGRADED SIGNAGE, ENHANCED ROAD MARKINGS, TRAFFIC SIGNAL PRIORI-
 TY  FOR BICYCLES, AND ANY OTHER ENHANCEMENT THAT INCREASES THE SAFETY OF
 CYCLISTS.
 A. 803--A                           3
 
   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 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-
 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 FOR A FIRST
 VIOLATION, ONE HUNDRED DOLLARS  FOR A SECOND VIOLATION WITHIN A  TWELVE-
 MONTH  PERIOD,  ONE HUNDRED FIFTY DOLLARS FOR A THIRD VIOLATION WITHIN A
 TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS FOR A FOURTH VIOLATION WITHIN A
 TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY DOLLARS FOR  EACH  SUBSEQUENT
 VIOLATION WITHIN A TWELVE-MONTH PERIOD; 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 SUCH PERSON 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 LIABILITY 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
 A. 803--A                           4
 
 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.
   (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;
 A. 803--A                           5
 
   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 OF ACCIDENTS INVOLVING CYCLISTS IN
 BICYCLE  LANES AND/OR PROTECTED BICYCLE LANES BEFORE AND AFTER IMPLEMEN-
 TATION OF THE BICYCLE LANE SAFETY PROGRAM, INCLUDING CURRENT STATISTICS.
   § 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.