Recommended Enforcement Initiatives
February 20, 2006

The New York City Police Department (NYPD) could play a significant role in improving cyclists’ safety. Below are recommendations for enforcement initiatives that have the potential to greatly improve conditions for cyclists.

The NYPD must develop and implement an enforcement campaign that compliments messages developed for the Bike Safety Outreach Collaboration. Enforcement will reinforce these safety messages, change driver behavior and improve safety for all.

Enforce Routine Driver Violations that Endanger Cyclists
Motor vehicle infractions such as speeding, reckless driving, opening doors into moving traffic, driving, standing and parking in bike lanes, unnecessary honking, unsafe passing and turning, tailgating, cell phone use, and failure to exercise due care are routine in New York City. Increased enforcement of these infractions would improve safety for cyclists and pedestrians. Some of the most common violations include:


• Aggressive passing NYS VTL §1122
• Tailgating NYS VTL §1129
• Failure to exercise due care NYS VTL §1146
• Speeding NYS VTL § 1180
• Red light running NYS VTL §1111
• Parking in the bike lane NYC Traffic Rules 4-08
• Driving in the bike lane NYC Traffic Rules 4-12
• Livery discharging passengers in the bike lane NYC Traffic Rules 4-11
• “Dooring” NYC Traffic Rules 4-12


Equitably Enforce Violations According to Danger
NYPD enforcement procedures often treat bicyclists and motorists differently for the same offense. Violations that lead to a summons or warning for a motorist should not lead to arrest or vehicle (i.e. bicycle) confiscation if committed by a bicyclist.

Improve Accident Reporting
NYPD should file reports for all crashes involving cyclists or pedestrians, regardless of whether the responding officer has witnessed the crash. Routine issuance of police reports will improve the accuracy of data collection, ensure equal enforcement and enable injured parties to benefit from no-fault insurance coverage.

File Criminal Charges where Appropriate
Reckless driving that results in death or injury should be prosecuted. Holding motorists accountable will serve as a deterrent.

Institute Procedure for Bike Handling in Event of Cyclist Injury
Development of a set process for the handling and safekeeping of an injured cyclist's bike will ensure medical attention is not delayed while cyclists make their own provisions for their bikes.

Improve Record-keeping of Cycling-related Infractions and Driver Infractions that Endanger Cyclists
The recording and publication of statistics for summonses issued for these cyclist- and pedestrian-threatening behaviors should be recorded and published in the Mayor’s Management Report on an ongoing basis.

Introduce Uniform Citywide Bike Parking Policy
The current practice of confiscating parked bicycles without notice is inhibiting cycling. The cycling community would like to work with the City to develop a policy that allows for on-street bike parking while providing a reasonable mechanism for NYPD to respond to complaints about bikes impeding pedestrian flow.

Bike Lane Basics

• Every part of every street needs to be safe for cyclists, not just the bike lanes.

• Ticketing people for not riding in bike lanes does not improve anyone's safety and discourages New Yorkers from biking.

• New York City Traffic Rules do not authorize ticketing for riding outside of the bike lane. NYC Traffic Rules Section 4-12(p)(1) allows bicyclists to not ride in bike lanes when safe cycling requires them to leave the lanes. It provides that a bicyclist may leave a bicycle lane:
(i) When preparing for a turn at an intersection or into a private road or driveway.
(ii) When reasonably necessary to avoid conditions (including but not limited to, fixed or moving objects, motor vehicles, bicycles, pedestrians, pushcarts, animals, surface hazards) that make it unsafe to continue within such bicycle path or lane.

• NYS Vehicle and Traffic Law 1234(a), which requires bicyclists to ride in the bike lane, does not apply in New York City under NYS Vehicle and Traffic Law Article 39 and NYC Traffic Rules Section 4-02(e).

• Cyclists must leave the left-hand lane at least a block in advance to prepare for a right-hand turn; it is extremely dangerous for a bicyclist to maneuver through several lanes of traffic to make a turn, and a bicyclist needs to prepare for a turn by moving to the right when there is a break in the traffic.

• At 3-4 feet in width, well below the national standards, the 6th Avenue bike lane is always unsafe, even when clear of parked and moving cars. The 6th Avenue bike lane is the same width of a car door, so bikers riding in it are at a high risk of being doored by people disembarking from parked vehicles.

• Many cycling safety experts agree that cycling in the flow of traffic is likely safer than traveling in sub-standard and often blocked lanes, and crash statistics for the Midtown bike lanes suggest that they are actually more dangerous than the streets.

very wise, a good lesson for progressive/radical movements...

woould also add Suggesteed Enforcement Initiative:
cease harassment of cyclers, and "critical mass" ride