S3938-2011 Actions

• Jan 4, 2012: REFERRED TO CITIES
• Mar 10, 2011: REFERRED TO CITIES

S3938-2011 Memo

BILL NUMBER:S3938

TITLE OF BILL:
An act
to amend the administrative code of the city of New York and the vehicle
and traffic law, in relation to violations for parking in a bicycle lane

SUMMARY OF PROVISIONS:
Paragraph b of section 19-203 of the Administrative Code of the City
of New York is amended to increase the penalty for standing or
stopping in a bicycle lane.

The Vehicle and Traffic law is amended by adding a new section l809-f:
Mandatory surcharge in relation to stopping or standing in a
designated bicycle lane. Monies collected from the surcharge will be
designated to the NYC DOT's Bicycle Safety outreach Program.

JUSTIFICATION:
A congestion/carbon emission-reducing transportation program for New
York City is not unrealistic, however, before implementing such a
plan, a proactive supportive foundation must be in place. New York
City has 270 miles of marked bicycles lanes with approximately 1,000
additional miles proposed through plaNYC and yet, the city's
administrative code does not mention vehicle violations for stopping
or standing in a bicycle lane.

New York City accounts for over 112,000 cyclists daily. A 2006 city
study found that between 1996 and 2005, of the 225 fatalities with
cyclists, 92% involved automobiles. In fact, in one high profile
casualty, the motorist drove along a bike lane not realizing it was a
dedicated bike path. A motor vehicle idling or parked in a marked
bicycle lane intentionally places cyclists in any number of dangerous
conditions, the first being that the cyclist must navigate into
on-coming traffic to circumvent the unlawfully placed vehicle.

This bill amends New York City's administrative code to delineate a
specific $150.00 penalty for stopping or standing in a marked bicycle
lane and New York State's vehicles and traffic law to incorporate the
$30.00 mandatory state surcharge.

LEGISLATIVE HISTORY:
A.11820/S.8745 - Transportation
2010: S.2648 Held in Cities

FISCAL IMPLICATIONS:
Increased revenue for New York City.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S3938-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3938
 2011-2012 Regular Sessions
 I N  SENATE
 March 10, 2011
 
 Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Cities
 

AN ACT to amend the administrative code of the city of New York and  the
 vehicle  and  traffic  law, in relation to violations for parking in a
 bicycle lane
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision b of section 19-203 of the administrative code
 of the city of New York, as amended by section 2 of part B of chapter 93
 of the laws of 2002, is amended to read as follows:

 b. To provide  for  penalties  other  than  imprisonment  for  parking
 violations,  provided  however, that monetary penalties shall not exceed
 fifty dollars for each parking violation, provided that monetary  penal
 ties  shall  not  exceed  one hundred dollars for each parking violation
 committed in a space  where  stopping  or  standing  is  prohibited  and
 provided,  further, that monetary penalties shall not exceed one hundred
 fifty dollars for each handicapped parking violation  OR  VIOLATION  FOR
 PARKING IN A BICYCLE LANE;
 

S  2.  The  vehicle and traffic law is amended by adding a new section
 1809-f to read as follows:

 

S 1809-F. MANDATORY SURCHARGE REQUIRED FOR CERTAIN VIOLATIONS RELATING
 TO PARKING IN A BICYCLE LANE. 1. NOTWITHSTANDING ANY OTHER PROVISION  OF
 LAW,  WHENEVER  PROCEEDINGS  IN  AN  ADMINISTRATIVE  TRIBUNAL OR A COURT
 RESULT IN A FINDING OF LIABILITY, OR CONVICTION FOR A VIOLATION  OF  ANY
 STATUTE,  LOCAL LAW OR ORDINANCE OR RULE INVOLVING THE PARKING, STOPPING
 OR STANDING OF MOTOR VEHICLES IN A BICYCLE LANE, THERE SHALL BE  LEVIED,
 IN  ADDITION TO ANY SENTENCE OR OTHER SURCHARGE REQUIRED OR PERMITTED BY
 LAW, AN ADDITIONAL SURCHARGE OF THIRTY DOLLARS.
 2. THE MANDATORY SURCHARGE PROVIDED FOR IN  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU
 NAL  THAT MADE THE DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN DAYS
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04926-01-1
 
       S. 3938                             2
 OF THE MONTH NEXT SUCCEEDING  THE  COLLECTION  OF  SUCH  SURCHARGE,  THE
 COLLECTING  AUTHORITY SHALL PAY SUCH SURCHARGE TO THE CHIEF FISCAL OFFI
 CER OF THE COUNTY IN WHICH SUCH VIOLATION OCCURRED OR IF  THE  VIOLATION
 OCCURRED  IN  NEW YORK CITY, TO THE CITY OF NEW YORK, TO BE USED BY SUCH
 CITY FOR THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION'S BICYCLE SAFETY
 OUTREACH PROGRAM.
 

S 3. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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