There are hundreds of miles of bike lanes in New York City, all designed with the intent to keep riders safe. Some are more effective than others, such as buffered bike lanes vs. those demarcated with just paint. However, when there is construction within a designated bike lane in NYC, the changes and modifications to the route and lane must be handled with care in order to avoid creating a dangerous condition for the rider.
In 2019, the New York City Administrative Code was amended to create greater protection for cyclists in New York City and reduce crashes and accidents within bike lanes. The law now requires contractors to adhere to the following standards when performing construction that effects a bike lane in New York City.
Bike Lane Construction
§ 19-159.3 Temporary bicycle lanes.
As used in this section, the following terms have the following meanings:
- Bicycle lane: The term “bicycle lane” means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.
- Temporary bicycle lane: The term “temporary bicycle lane” means a bicycle lane intended to be used for a limited period of time, during which construction or other work prevents or otherwise affects use of a bicycle lane on a roadway, street segment, or intersection.
Commissioner-issued permits authorizing work that will affect an intersection or segment of the street that contains a bicycle lane must include a stipulation requiring the applicant to make provisions for a temporary bicycle line. The applicant must also specify the manner in which they intend to maintain the temporary bike lane.
If the commissioner determines that maintenance of a temporary bicycle lane is not feasible on the specified street segment or intersection, the permit can still be issued; the determination will not prohibit issuance of the permit. However, the applicant will need to take other measures to ensure and protect public safety, as set forth within the permit. These safety measures may include persons utilizing bicycles on the designated street segment or intersection.
For more information about New York’s bicycle safety laws, visit the following pages:
If you or someone you love was injured in an unprotected bike lane in a construction zone, contact Flanzig and Flanzig, LLP for help. We can be reached at (866) 352-6944 or by submitting an online contact form here.