Good morning, my name is Gian-Claudia Sciara. I am the bicycle program coordinator of Transportation Alternatives and a long-time everyday bicyclist in New York City. Transportation Alternatives is a 5,000 member organization and the country’s largest bicycle advocacy organization.

For almost 30 years, we have worked to make the city a safer and better place to walk and bicycle. Our staff includes nationally recognized experts on bicycle and pedestrian policy, and we have been in the forefront of efforts to improve conditions for pedestrians on NYC streets.

We are testifying today in response to the City Council Intro 237, which would make bicycle riding on city sidewalks a criminal misdemeanor. We strongly oppose this bill, except for Section 1c(1) which would hold business owners and employers accountable for commercial cyclists who ride on the sidewalk.

Making business owners responsible for the cyclists they employ provides strong incentives for messenger services to ensure their cyclists ride safely and lawfully. However we must note that neither taxi medallion owners nor commercial truck delivery services, such as UPS are responsible for the infractions of their drivers.

With the above exception, Intro 237 does nothing to improve the safety of pedestrians on city sidewalks. Intro 237 does, however, require grossly excessive punishments for cyclists who ride on the sidewalk. Intro 237 makes sidewalk cycling a criminal misdemeanor, punishable by a $100 fine and up to 20 days in jail. Thus, any person summonsed for sidewalk bicycle riding would acquire a criminal record.

Consider that motor vehicles kill 15 and injure another 400 pedestrians on average every year after mounting the curb and driving on city sidewalks. Consider the numerous horror stories recorded in the daily papers in recent months where drivers have plowed onto city sidewalks, crashing into storefronts and crowded bus shelters, pinning pedestrians against buildings and traffic poles, leaving lucky victims crippled and unlucky victims dead.

What are the consequences for these drivers, who so recklessly violate the space where pedestrians should feel safe-the sidewalk? In none of these cases have charges been filed or even a summons issued.

Clearly, the punishments for cyclists who travel on city sidewalks that are proposed in Intro 237 are far out of proportion to the offense.

Current laws are sufficient to discourage sidewalk cycling. Under current law, sidewalk cyclists

• must pay a penalty of $40 or more;
• may have their bicycle confiscated; and
• can be issued a traffic summons, which carries points against the cyclist’s drivers license.

Transportation Alternatives has long supported efforts to stop sidewalk cycling and to preserve the sidewalk for pedestrians. Proper enforcement is key. If every beat officer in New York City actively discouraged sidewalk cyclists, the problem would diminish.

Sidewalk cyclists make pedestrians uncomfortable. Sidewalk cyclists intimidate the elderly and frail. Sidewalk cyclists do not belong on the sidewalk, but they do not cause the carnage suggested by making this offense a misdemeanor.