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A02302 Summary:

BILL NOA02302
 
SAME ASNo Same As
 
SPONSORSimon (MS)
 
COSPNSRGlick
 
MLTSPNSRGottfried, Seawright
 
Amd 19-203, NYC Ad Cd; add 1809-f, V & T L
 
Relates to violations and a mandatory surcharge for parking in a bicycle lane which shall be paid to the clerk of the court of administrative tribunal that made the determination of liability.
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A02302 Actions:

BILL NOA02302
 
01/14/2021referred to transportation
01/05/2022referred to transportation
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A02302 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2302
 
SPONSOR: Simon (MS)
  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: The Administrative Code of the City of New York, Sec.19-203-b, is amended with a new violation: parking in a bicycle lane and a penalty of $150.00. The Vehicle and Traffic law is amended by adding a new Sec.1809-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 and supporting foundation must be in place. New York City has 270 miles of marked bicycles lanes with approximately 1,000 addi- tional miles proposed through PIaNYC 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 casual- ty, a motorist drove along a bike lane not realizing it was a dedicated bike path. A motor vehicle 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 unlaw- fully placed vehicle. This bill amends New York City's administrative code to delineate a specific $150.00 penalty for parking in bicycle lane and New York State's vehicles and traffic law to incorporate the $30.00 mandatory state surcharge.   FISCAL IMPLICATIONS: Increased revenue for New York City   LEGISLATIVE HISTORY: 2007-08: A.11820 - Transportation 2009-10: A.2842 - Transportation 2011-12: A.1825 - Transportation 2013-14: A.5087 - Transportation 2015-16: A.5158 - Transportation 2017-18: A.1027 - Transportation 2019-20: A. 1270 - Transportation   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
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A02302 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2302
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by  M.  of A. SIMON, GLICK -- Multi-Sponsored by -- M. of A.
          GOTTFRIED, SEAWRIGHT -- read once and referred  to  the  Committee  on
          Transportation
 
        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:
 
     1    Section 1. Subdivision b of section 19-203 of the administrative  code
     2  of the city of New York, as amended by section 2 of part B of chapter 93
     3  of the laws of 2002, is amended to read as follows:
     4    b.  To  provide  for  penalties  other  than  imprisonment for parking
     5  violations, provided however, that monetary penalties shall  not  exceed
     6  fifty  dollars for each parking violation, provided that monetary penal-
     7  ties shall not exceed one hundred dollars  for  each  parking  violation
     8  committed  in  a  space  where  stopping  or  standing is prohibited and
     9  provided, further, that monetary penalties shall not exceed one  hundred
    10  fifty  dollars  for  each handicapped parking violation or violation for
    11  parking in a bicycle lane;
    12    § 2. The vehicle and traffic law is amended by adding  a  new  section
    13  1809-f to read as follows:
    14    § 1809-f. Mandatory surcharge required for certain violations relating
    15  to  parking in a bicycle lane. 1. Notwithstanding any other provision of
    16  law, whenever proceedings in  an  administrative  tribunal  or  a  court
    17  result  in  a finding of liability, or conviction for a violation of any
    18  statute, local law or ordinance or rule involving the parking,  stopping
    19  or  standing of motor vehicles in a bicycle lane, there shall be levied,
    20  in addition to any sentence or other surcharge required or permitted  by
    21  law, an additional surcharge of thirty dollars.
    22    2.  The  mandatory  surcharge  provided for in subdivision one of this
    23  section shall be paid to the clerk of the court or administrative tribu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00998-01-1

        A. 2302                             2
 
     1  nal that made the determination of liability. Within the first ten  days
     2  of  the  month  next  succeeding  the  collection of such surcharge, the
     3  collecting authority shall pay such surcharge to the chief fiscal  offi-
     4  cer  of  the county in which such violation occurred or if the violation
     5  occurred in New York city, to the city of New York, to be used  by  such
     6  city for the New York city department of transportation's bicycle safety
     7  outreach program.
     8    § 3. This act shall take effect on the first of November next succeed-
     9  ing the date on which it shall have become a law.
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