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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1236
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:
2023-24: A.1637 Simon -referred to transportation
2021-22: A.2302 Simon -referred to transportation
2019-20: A. 1270 -Transportation
2017-18: A. 1027 -transportation
2015-16: A.5158 -transportation
2013-14: A. 5087 -transportation
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
1236
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. SIMON, GLICK, SIMONE -- Multi-Sponsored by -- M.
of A. SEAWRIGHT -- read once and referred to the Committee on Trans-
portation
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.
LBD02605-01-5
A. 1236 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.
