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File #: Int 0238-2014    Version: Name: The right of way of pedestrians and bicyclists.
Type: Introduction Status: Enacted
Committee: Committee on Transportation
On agenda: 3/26/2014
Enactment date: 6/23/2014 Law number: 2014/029
Title: A Local Law to amend the administrative code of the city of New York, in relation to the right of way of pedestrians and bicyclists.
Sponsors: Mark S. Weprin, Ydanis A. Rodriguez, Mark Levine, Stephen T. Levin, Maria Del Carmen Arroyo, James G. Van Bramer, Daniel Dromm
Council Member Sponsors: 7
Attachments: 1. Int. No. 238 - 3/26/14, 2. Proposed Int. No. 238-A - 4/30/14, 3. Committee Report 4/30/14, 4. Hearing Testimony 4/30/14, 5. Hearing Transcript 4/30/14, 6. Committee Report 5/29/14, 7. Hearing Transcript 5/29/14, 8. Fiscal Impact Statement, 9. Hearing Transcript - Stated Meeting 5-29-14, 10. Mayor's Letter, 11. Local Law 29, 12. Minutes of the Stated Meeting - May 29, 2014
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/23/2014AMark S. Weprin City Council Recved from Mayor by Council  Action details Meeting details Not available
6/23/2014AMark S. Weprin Mayor Signed Into Law by Mayor  Action details Meeting details Not available
6/23/2014AMark S. Weprin Mayor Hearing Held by MayorPass Action details Meeting details Not available
6/11/2014AMark S. Weprin Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
5/29/2014AMark S. Weprin City Council Sent to Mayor by Council  Action details Meeting details Not available
5/29/2014AMark S. Weprin City Council Approved by CouncilPass Action details Meeting details Not available
5/29/2014*Mark S. Weprin Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
5/29/2014*Mark S. Weprin Committee on Transportation Amendment Proposed by Comm  Action details Meeting details Not available
5/29/2014*Mark S. Weprin Committee on Transportation Amended by Committee  Action details Meeting details Not available
5/29/2014AMark S. Weprin Committee on Transportation Approved by CommitteePass Action details Meeting details Not available
4/30/2014*Mark S. Weprin Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
4/30/2014*Mark S. Weprin Committee on Transportation Amendment Proposed by Comm  Action details Meeting details Not available
4/30/2014*Mark S. Weprin Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
3/26/2014*Mark S. Weprin City Council Referred to Comm by Council  Action details Meeting details Not available
3/26/2014*Mark S. Weprin City Council Introduced by Council  Action details Meeting details Not available
Int. No. 238-A
 
By Council Members Weprin, Rodriguez, Levine, Levin, Arroyo, Van Bramer and Dromm
 
A Local Law to amend the administrative code of the city of New York, in relation to the right of way of pedestrians and bicyclists.
 
 
Be it enacted by the Council as follows:
 
Section 1.  Subchapter 3 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-190 to read as follows:
§19-190 Right of way. a. Except as provided in subdivision b of this section, any driver of a motor vehicle who fails to yield to a pedestrian or person riding a bicycle when such pedestrian or person has the right of way shall be guilty of a traffic infraction, which shall be punishable by a fine of not more than fifty dollars or imprisonment for not more than fifteen days or both such fine and imprisonment.  In addition to or as an alternative to such penalty, such driver shall be subject to a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.  For purposes of this section, "motor vehicle" shall have the same meaning as in section one hundred twenty-five of the vehicle and traffic law.
b. Except as provided in subdivision c of this section, any driver of a motor vehicle who violates subdivision a of this section and whose motor vehicle causes contact with a pedestrian or person riding a bicycle and thereby causes physical injury, shall be guilty of a misdemeanor, which shall be punishable by a fine of not more than two hundred fifty dollars, or imprisonment for not more than thirty days or both such fine and imprisonment.  In addition to or as an alternative to such penalty, such driver shall also be subject to a civil penalty of not more than two hundred fifty dollars which may be recovered in a proceeding before the environmental control board.  For purposes of this section, "physical injury" shall have the same meaning as in section 10.00 of the penal law.  
c. It shall not be a violation of this section if the failure to yield and/or physical injury was not caused by the driver's failure to exercise due care.
d. This section shall not apply to persons, teams, motor vehicles, and other equipment working on behalf of the city of New York, the state of New York or the federal government while actively engaged in work requiring the presence of a motor vehicle in a location that interferes with the right of way of a pedestrian or person riding a bicycle.  Such persons, teams, motor vehicles, and other equipment shall proceed at all times during all phases of such work exercising due regard for the safety of all persons and consistent with all applicable laws, rules, and regulations.  Nothing in this section shall relieve such persons or teams or such operators of motor vehicles or other equipment from the consequences of failure to exercise due care or the consequences of their reckless disregard for the safety of others.
      §2.  This local law shall take effect sixty days following enactment into law.
LF
LS#859, 971
5/21/14