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Adopted Rules: Closed to Comments

Adopted Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York City Charter.  The rules that DOT amends are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to its “Traffic Rules.”


This rule clarifies that a bicycle sharing system must not be operated in New York City without the DOT’s prior written authorization.  Specifically, the amendments to the Traffic Rules are as follows:


•Section 4-01 is amended by adding new definitions for “bicycle sharing system”, “person” and “public highway”.  



•Section 4-12(p)(6) is amended by adding a new paragraph that establishes the specific rule that prohibits operating a bicycle sharing system in New York City without the prior written authorization of the Department.

 
Effective Date: 
Thu, 08/16/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to promulgate rules regarding parking and traffic operations in the City by Section 2903(a) of the New York City Charter. The rules that DOT is amending are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to the “Traffic Rules and Regulations.”
The purpose of this rule amendment is to clarify that pedal-assist bicycles meeting the requirements of these rules are legal to operate in New York City. This rule will recognize that pedal-assist bicycles are permissible, whereas throttle e-bikes, may not be legally operated on public highways, which include streets, under State and city law. Specifically, the amendments to the Traffic Rules are as follows:

• Section 4-01 adds a new definition for “pedal-assist bicycle” and clarifies the definition of “bicycle” to include pedal-assist bicycles. It should be noted that DOT does not interpret section 19-176.2 of the New York City Administrative Code to prohibit pedal-assist bicycles as defined herein.

• Section 4-12(p)(5) is a new paragraph that establishes the specific rules that apply to pedal-assist bicycles.

In response to the volume of comments received by DOT relating to the conversion, retrofitting, and labeling of pedal-assist bicycles, DOT will work with manufacturers to facilitate appropriate aftermarket compliance and will supplement or amend these rules in the future to further address these issues, where appropriate.
The following changes have been made to the proposed rule, which are reflected in the adopted rules:
• Clarify the definition of “pedal-assist bicycle” and remove the label requirement from the definition.
• Revise the label requirement to provide some flexibility so that the label could be placed on the electric motor of the pedal-assist bicycle or elsewhere on the bicycle.
• Revise the label requirement so that the original label could be provided by the manufacturer of the bicycle and/or the manufacturer of the electric motor.
• Add “motor-assisted” to the reference relating to maximum speed of a pedal-assist bicycle.

Effective Date: 
Sat, 07/28/2018

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Monday, July 2, 2018
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York City Charter. The rules that DOT is seeking to amend are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to its “Traffic Rules.”

This proposed rule would clarify that a bicycle sharing system must not be operated in New York City without the DOT’s prior written authorization. Specifically, the amendments to the Traffic Rules being proposed are as follows:

• Section 4-01 would be amended by adding new definitions for “bicycle sharing system”, “person” and “public highway”.

• Section 4-12(p)(6) would be amended by adding a new paragraph that establishes the specific rule that prohibits operating a bicycle sharing system in New York City without the prior written authorization of the Department.

Subject: 

.

Location: 
DOT Bid Room
55 Water Street, Concourse Level Entrance is located on the SE corner of 55 Water St facing the Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:31)

Agency:
Comment By: 
Tuesday, May 29, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York City Charter.  The rules that DOT is seeking to amend are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to its “Traffic Rules.”

 

On April 3, 2018, Mayor de Blasio announced that the City will sanction low-speed pedal-assist bicycles that operate with the assistance of human power, specifying the exact type of permissible equipment. E-bikes possessing throttle capacity, or any capacity to operate without human power, remain illegal under State and local law.

 

In its announcement, the City outlined the following benefits of pedal-assist bicycles:

 

Increased Cycling Options for Delivery Workers and Commuters: This proposed rule will help meet the City’s goals of doubling the number of active cyclists by 2020.  In addition to creating more ways to get around in neighborhoods and areas underserved by transit, the proposed rule will be helpful for those considering new commuting options during the closure of the L train tunnel starting in April 2019. The Williamsburg Bridge currently has over 7,000 daily bicycling trips; during the tunnel closure, cycling trips over the bridge are expected to more than double.

 

Health and Sustainability: Pedal-assist bicycles contain a rechargeable battery that can be used to travel longer distances or boost power going up hills -- and are among the fastest-growing and most environmentally sound modes of urban travel, both around the U.S. and around the world.  One European study has shown substantial health and environmental benefits, including that pedal-assist bicycles increase cycling, especially among older users.  Research has also shown that pedal-assist bicycle trips most often replace car trips; with the ability to avoid car traffic and parking costs, trips on pedal-assist bicycles are usually both faster and cheaper.

 

 

The proposed rule provides a transportation alternative that is legal, sustainable (zero-emission) and safe.

 

The purpose of this proposed rule amendment is to clarify that pedal-assist bicycles meeting the requirements of these rules are legal to operate in New York City.  This proposed rule will recognize that pedal-assist bicycles are permissible, whereas throttle e-bikes, capable of travel at speeds over 20 MPH, may not be legally operated on public highways, which include streets, under State and city law.  Specifically, the amendments to the Traffic Rules being proposed are as follows:

 

  • Section 4-01 adds a new definition for “pedal-assist bicycle” and clarifies the definition of “bicycle” to include pedal-assist bicycles.

 

  • Section 4-12(p)(5) is a new paragraph that establishes the specific rules that apply to pedal-assist bicycles.
Subject: 

.

Location: 
NYC DOT
55 Water Street, Concourse Level Entrance is located on the SE corner of 55 Water Street facing the Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, May 16, 2018
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue

rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York

City Charter. The rules that DOT is seeking to amend are contained within Chapters 3 and 4 of Title 34

of the Rules of the City of New York, relating to its Traffic Rules.

Local Law 91 of 2017 amends sections 10-157 and 10-157.1 of the New York City Administrative Code

(the “Admin. Code”) regarding bicycles used for commercial purposes. Based on these recent

amendments, the following changes to the Traffic Rules are being proposed:

  • Section 4-12(p)(4)(i) would be amended by adding a new definition of “bicycle operator” and

revising the definition of “business using a bicycle for commercial purposes”.

  • Section 4-12(p)(4)(ii) would be amended by deleting the bicycle safety poster posting

requirements in subparagraph (ii) and adding new registration requirements for a business

using a bicycle for commercial purposes that does not have a site within the city that is open

and available to the public.

  • Section 4-12(p)(4)(iii) – (vi) would be amended by revising the requirements for the bicycle

safety poster.

  • Section 3-01 would be amended by adding a new penalty to the Penalty Schedule.

This proposed rulemaking also includes plain language and other minor changes to Section 4-01

(“Words and phrases defined”) identified during the retrospective rules review conducted by the

Mayor’s Office of Operations with the City’s rulemaking agencies, the Law Department, and the

Office of Management and Budget.

Subject: 

.

Location: 
55 Water Street, Concourse Level Entrance is located on the SE corner of 55 Water St facing the Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE OF ADOPTION OF FINAL RULES RELATING TO THE CHANGE OF CRITERIA FOR THE REMOVAL OF DERELICT BICYCLES FROM PUBLIC PROPERTY

 

NOTICE IS HEREBY GIVEN in accordance with the requirements of Section 1043 of the New York City Charter and pursuant to the authority vested in the Commissioner of the Department of Sanitation by sections 753 of the New York City Charter and sections 16-122 and 16-128 of the New York City Administrative Code that the Department adopts the following rule relating to the change of criteria for the removal of derelict bicycles from public property.  The Department published a Notice of Opportunity to Comment on the proposed rule in the City Record on July 6, 2016.  On August 9, 2016, the Department held a public hearing on the proposed rule.  

 

Statement of Basis and Purpose of Rule

 

The Department of Sanitation (“DSNY”) is amending its rule for the removal of derelict bicycles from public property by:

1) reducing the requirements of derelict condition from a minimum of three characteristics to a minimum of two characteristics,

2) removing flat or missing tires as a derelict condition characteristic, and

3) changing the minimum amount of rust cover from 75 percent to 50 percent.

 

DSNY’s authority for these rules is found in sections 753 (a) and (b) of the New York City Charter and by sections 16-122 and 16-128 of the New York City Administrative Code

 

 

Effective Date: 
Sun, 09/25/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 9, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Sanitation (“DSNY”) proposes to amend its rule for the removal of derelict bicycles from public property by:

1.) reducing the requirements of derelict condition from a minimum of three characteristics to a minimum of two characteristics,

2.) removing flat or missing tires as a derelict condition characteristic, and

3.) changing the minimum amount of rust cover from 75 percent to 50 percent.

DSNY’s authority for these rules is found in sections 753 (a) and (b) of the New York City Charter and by sections 16-122 and 16-128 of the New York City Administrative Code

Subject: 

Change of Criteria for the Removal of Derelict Bicycles from Public Property

Location: 
Conference Room
125 Worth Street Room 819
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to promulgate rules regarding highway operations in the City pursuant to Section 2903(b) of the New York City Charter.

 

The purpose of the adopted rule is to provide pedestrian and cyclist safety around large construction projects.

 

The adopted rule will achieve this goal by:

·         giving the Department of Transportation Commissioner discretion to require the use of pedestrian traffic managers at selected construction sites.

·         providing experience and certification criteria for pedestrian traffic managers.

 

Background

DOT permittees  already provide staff  to  control  vehicular traffic  around  large  construction

projects. However, with the increase in bicycle ridership and pedestrian volume throughout the city, it is important that permittees also place trained pedestrian traffic managers, who will focus on bicycle and pedestrian safety, in and around major construction projects. Permittees have recently deployed pedestrian traffic managers successfully at large construction sites, such as the World Trade Center site and the reconstruction of Peck Slip in Lower Manhattan.

 

 

Effective Date: 
Mon, 01/07/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to promulgate rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York City Charter.

 

The purpose of the adopted rule is to amend paragraph 4 of subdivision p of Section 4-12 of the Rules of the City of New York to conform the rule with legislative changes made to sections 10- 157 and 10-157.1 of the Administrative Code.

 

Background

On October 25, 2012, Local Laws 52, 54, 55 and 56 of 2012 were enacted. These laws related to

commercial bicyclists and were passed to clarify and streamline requirements for businesses using bicycles for commercial purposes and their bicycle operators. Additionally, DOT was provided explicit enforcement authority for these sections of the Administrative Code.

 

As a result of these legislative changes, DOT is revising the requirements for the commercial bicyclist safety poster. These amendments align the poster to the new law and make the poster more user-friendly.

 

 

Effective Date: 
Thu, 05/30/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a Public Hearing on February 20, 2013 regarding amendments to its Department of Transportation Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). Two (2) members of the public and a representative from the Department of Transportation (DOT) attended the Public Hearing. Neither written comments nor oral testimony were presented at the February 20, 2013 Public Hearing concerning the Proposed Rule.

 

On October 25, 2012, the Mayor signed into law amendments to Sections 10-157 and 10-157.1 of the Administrative Code of the City of New York. These amendments granted the Environmental Control Board specific authorization to hear and decide notices of violation issued to businesses that violate commercial bicycling provisions.

 

Administrative Code Sections 10-157 and 10-157.1 outline the responsibilities of businesses and bicycle operators who use bicycles for commercial purposes. As amended, both Administrative Code sections 10-157 and 10-157.1 broaden the enforcement jurisdiction of these sections to specifically allow the New York City Department of Transportation (DOT), as well as the New York City Police Department, to issue such violations. To enforce these new laws, the Environmental Control Board has added first and subsequent offense charges for four new violations to ECB’s DOT Penalty schedule found in Section 3- 124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY).

 

Failure to provide appropriate equipment to a bicycle operator delivering on behalf of a business using a bicycle for commercial purposes

The law requires businesses owners who use commercial delivery bicycle operators to provide suitable equipment to these operators. This equipment includes protective headgear, retro-reflective outermost upper apparel, and ID cards.

 

The protective headgear (e.g., helmet) must meet federal consumer product safety standards and be readily available on-site. The retro-reflective apparel (e.g., reflective vest) must indicate the business’ name and the bicycle operator’s three-digit identification number in letters/numerals not less than one inch in height, so that it is readable at a distance of at least 10 feet. The ID card must contain the operator’s name; three-digit identification number; a photo of the operator; and the business’ name, address and telephone number.

 

Failure of a business using a bicycle for commercial purposes to produce or maintain a rosterThe roster must indicate the name and place of residence of each bicyclist operating a bicycle on behalf of such business. In addition, the roster must include the date of employment and discharge (if applicable) of such bicyclist, the bicyclist’s three-digit identification number and whether or not the employee has completed a required bicycle safety course.

 

The law also requires the roster to be available for inspection during regular and usual business hours (or any other time that such business is open for business) upon request by any person authorized by law to enforce this section of law.

 

Failure to properly equip a bicycle used on behalf of a business using a bicycle for commercial purposes

The new law requires each bicycle to be properly equipped with a lamp; a bell or other device capable of giving an audible signal from a distance of at least 100 feet (not a siren or whistle); brakes; and reflective tires or a reflex reflector mounted on the spokes of each wheel. These requirements conform with section 1236 of the New York State Vehicle and Traffic Law and enhance the visibility of commercial delivery cyclists for motorists and pedestrians.

 

Failure to post Commercial Bicyclist Safety Poster containing required information

Section 10-157.1 of the Administrative Code requires that a safety poster be present in all businesses that use a bicycle for commercial purposes. The poster must summarize the responsibilities of bicycle operators and businesses indicated in Administrative Code Section 10-157. The poster must also summarize various other provisions of law and rules deemed most important by DOT, as listed in Section 10-157.1 of the Administrative Code, for the safe operation of bicycles in New York City. The poster must be in English, Spanish and any other language spoken predominately by any bicycle operator utilized by the business. The poster must be posted so that it is clearly visible to bicycle operators and business patrons present at the business site.

 

Penalties

Penalties are set out in section 10-157(g) of the New York City Administrative Code. That section provides for a civil penalty of $100 for a first offense. A business is subject to a subsequent offense penalty of $250 if it violates the same provision of law more than thirty days after such business has already violated that provision of law.

 

 

Effective Date: 
Sun, 04/14/2013

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