Plan B Forum

New York City has launched the first phase of its bike-share programme 10 months after it was scheduled to start.



The scheme placed 6,000 bikes at 333 stations in the boroughs of Manhattan and Brooklyn.

It is supposed to grow to 10,000 "Citi bikes" at 600 stations and could become one of the largest of its kind.

Fourteen thousand New Yorkers have already signed up. Similar schemes are already in place in cities like London, Paris, Montreal and Barcelona.

New York City Mayor Michael Bloomberg said the programme was a "big win" for the city.

"We now have an entirely new transportation network without spending any taxpayer money," he said at a news conference on Monday.

The scheme has prompted debate within the city over whether New York's roads could become more dangerous with increased bike traffic moving alongside cars.

Other residents have been reluctant to see parking spots disappear, or say the bike stations look unattractive.

But New York's transport department said it had been warned by aides to London Mayor Boris Johnson that residents would initially complain.

"They said you'll be hated for six months," transport policy director Jon Orcutt told the New York Times. "And then you'll be loved."

London's bike share programme was introduced in 2010.

In New York, the annual fee of $95 (£63) includes unlimited rides of less than 45 minutes each. On 2 June, the city will roll out daily and weekly plans.

The programme was originally to begin in July 2012, but faced some problems, including damage to the city after a major storm, Sandy, struck in October.

New York resident Alex Nash that said despite some teething problems, he planned to use the new service regularly.

"To start with, it was a little bit difficult to put it back," he told Reuters news agency. "I couldn't get a new one. But it's great. I love it."

Releases; Disclaimers; Limited Liability; Assumption of Risk.Back to top

Section 6 Releases.Back to top

"Claims" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Citi Bike bicycles, Stations, Bike Docks, or related information, or (b) Your use of any of the foregoing. "Released Persons” means, collectively, (i)NYCBS and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the City of New York, (iii) Citibank, N.A. and all of its affiliates and all of its and their owners, officers, directors, employees, agents, representatives, successors, and assigns, (iv) MasterCard International Incorporated and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (v) Goldman Sachs Bank USA and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (vi) every sponsor of any of the Services and all of the sponsor's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (vii) every holder of property on which is located a Station and all of the property holder's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for You being allowed to use any of the Services, Citi Bike bicycles, Stations, Bike Docks, or related information, You (acting for Yourself and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that You have or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended 3rd beneficiaries of such releases.

Section 7 DISCLAIMERS.Back to top

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, NYCBS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, AND RELATED INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). NYCBS AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED INFORMATION, AND NYCBS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST CITI BIKE BICYCLE OR SYSTEM KEY.

Section 8 LIMITED LIABILITY.Back to top

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY NEW YORK GENERAL OBLIGATION LAW SECTION 5-326, NYCBS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, CITI BIKE BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU,(E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE USING CITI BIKE BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF NYCBS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF NYCBS AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Section 9 Assumption of Risk by Member.Back to top

Member is solely and fully responsible for the safe operation of the Citi Bike bicycle at all times. Member agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. Member agrees that riding a Citi Bike bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Member or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Member agrees that such risks, dangers, and hazards are Member's sole responsibility. Member agrees that if Member's use of any of the Services causes any injury or damage to another person or property, then Member may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Citi Bike bicycle, Member assumes full and complete responsibility for all related risks, dangers, and hazards, and Member agrees that NYCBS and all other Released Persons are not responsible for any injury, damage, or cost caused by Member with respect to any person or property, including the Citi Bike bicycle itself.

First Bike Stolen From New York Bike-Sharing Program

On Monday, New York City activated its long-in-the-works bike share program, making thousands of bicycles available for short-term use at more 300 locations in Manhattan and Brooklyn. On Sunday—the day before the CitiBike program officially launched—the first of those bikes was stolen. The New York Post reports that a thief grabbed one of the bikes as it was being delivered to a Manhattan docking station, and rode away before anyone realized what was happening.

The story spotlighted what New York cyclists already know: New York City has a bike theft problem. As Jody Rosen wrote in Slate last year, “New York is widely regarded as the nation’s bicycle-theft capital—Kryptonite’s signature bike lock is called the ‘New York Lock’—and in New York, as elsewhere, bike stealing spikes during times of economic distress.” Last July, the New York Police Department announced that bike theft was up 25 percent from the previous year. While bicycle theft isn’t a particularly lucrative crime—most stolen bikes are stripped for parts or resold for a fraction of their actual value—bikes are easy to steal, and the chances of getting caught are slim.

In 2012, a filmmaker named Casey Neistat made a short documentary for the New York Times in which he filmed himself attempting to steal his own bicycle, in public, using increasingly elaborate methods: sawing through a chain lock with a hacksaw, for example; using a giant crowbar to steal a bike right in front of a police station. He was finally stopped by police in Union Square as he was using a power tool to cut through a lock. The officers told Neistat that none of them had ever caught a bike thief.

Will the introduction of 6,000 new bikes into this lawless environment be a boon for criminals? Probably not, actually. When bike sharing came to Paris, thieves soon learned how to defeat the supposedly secure docking stations. The New York Times reported that 80 percent of the program’s bicycles ended up stolen or damaged. But North American bike-sharing services have had better luck deterring theft, mostly because their docking stations are better designed. Last year, a NYC official told New York that the CitiBike docking stations, which use titanium locks to secure the bikes, are “pretty much bombproof.” The article also noted that the bikes’ components “have no independent resale value and can’t be removed with traditional tools.”

I’m not sure whether I trust that last assertion—New York’s bike thieves are pretty resourceful—but the docking station point is an important one. A good thief can get through any lock, probably even a titanium one. But, all other things being equal, it is always easier to steal a bike that is improperly secured. Bike thieves will likely bypass the CitiBike bikes and continue to operate with near-impunity targeting privately owned bikes that are chained to fences, or street signs, or any other non-bombproof anchor. That’s good news for CitiBike, but bad news for everyone else.

I hope they have set up a lot of dedicated lanes for the bikes.