S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5008--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, BRISPORT, GONZALEZ, KRUEGER, SALAZAR
   -- read twice and ordered printed, and when printed to be committed 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:
   (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.
                                                            LBD00071-05-5
              

 S. 5008--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  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.
   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-
 S. 5008--A                          3
 
 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
 AUTHORIZED BY SUCH  CITY  TO  PREPARE  AND  MAIL  SUCH  NOTIFICATION  OF
 VIOLATION.
 S. 5008--A                          4

   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;
   2.  THE  TOTAL  NUMBER  OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL
 BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
 S. 5008--A                          5
 
   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.