Drivers in NYC should be aware of two new rules that seek to make pedestrians safer when walking in crosswalks, as well as rules regarding the treatment of bicycles left unattended for more than seven days on a city-owned bike rack as lost property, with the lawful confiscation of such bicycles occurring after a warning is affixed to an unattended bike.
The Commissioner of the New York City Department of Transportation (DOT) is authorized to promulgate rule provisions regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York City Charter. The rule provisions that DOT is amending are contained within Chapter 4 and Chapter 8 of Title 34 of the Rules of the City of New York.
These amendments to Title 34 of the Rules of the City of New York are as follows:
- DOT is amending Paragraph (1) of Subdivision (b) of Section to require operators of vehicles and operators of bicycles to stop for pedestrians in crosswalks when traffic controls are not in place or not in operation, rather than yield, in order to enhance pedestrian safety. This rule amendment further clarifies that this provision applies to vehicles and operators of bicycles in any lane of travel, and that such vehicles and bicycles must stop and remain stopped for a pedestrian in a crosswalk until such pedestrian crosses a roadway.
- DOT is adding a new Paragraph (7) of Subdivision (p) of Section 4-12 to prohibit persons, their agents or their employees from leaving any bicycle unattended, whether or not owned by such person, in any City-owned bike-rack within the jurisdiction of DOT in excess of seven consecutive days in order to keep bicycle racks available to all users. This amendment also clarifies that a bicycle left unattended in any City-owned bike-rack within the jurisdiction of DOT in excess of seven consecutive days following the date on which notice of removal was affixed to such bicycle will be removed by DOT, the Police Department, or any other agency delegated by DOT. This provision does not limit the City’s ability to immediately remove any bicycle or take any other agency action if the presence of the bicycle creates a dangerous condition by restricting traffic. Bicycles removed pursuant to this new paragraph shall be treated as lost property pursuant to article 7-B of the Personal Property Law.
Banner Image: Man in Crosswalk. Image Credit – Clay Banks