US driver in Australian tourist's death in court

The New York truck driver accused of being drunk when Australian tourist Madison Lyden was killed riding a bike in Manhattan has appeared briefly in court.

Felipe Chairez had his case in the New York Criminal Court on Friday adjourned to October 22.

Police alleged they found three empty beer cans inside Chairez's sanitation truck after Ms Lyden crashed into it while swerving to avoid an Uber driver who cut into a bicycle lane on August 10 along Central Park West.

Chairez was arraigned on a misdemeanor charge of operating a motor vehicle while under the influence of alcohol or drugs.

Chairez allegedly had a blood-alcohol level at the time of between .04 and .06.

Commercial drivers in New York are prohibited from having a reading of .04 or higher.

Ms Lyden's heartbroken parents in Tasmania and the NYPD wanted the Uber driver, Jose Peralta, charged, but Manhattan District Attorney Cy Vance determined "a gap in the law" meant he could not.

A spokesperson for Mr Vance told the New York Post that state law did not allow for a criminal charge of a driver who has not made contact with other vehicles or people.