assembly Bill A4578A

Establishes an intercity bus permit system in N.Y. city

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Sponsor

SILVER

Co-Sponsors

Multi-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Feb / 2011
    • REFERRED TO TRANSPORTATION
  • 30 / Mar / 2011
    • REPORTED REFERRED TO CODES
  • 30 / Mar / 2011
    • REPORTED
  • 31 / Mar / 2011
    • ADVANCED TO THIRD READING CAL.168
  • 04 / Apr / 2011
    • HOME RULE REQUEST
  • 04 / Apr / 2011
    • PASSED ASSEMBLY
  • 04 / Apr / 2011
    • DELIVERED TO SENATE
  • 04 / Apr / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN SENATE
  • 04 / Jan / 2012
    • RETURNED TO ASSEMBLY
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 30 / Apr / 2012
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 30 / Apr / 2012
    • PRINT NUMBER 4578A
  • 12 / Jun / 2012
    • REPORTED REFERRED TO CODES
  • 12 / Jun / 2012
    • REPORTED REFERRED TO RULES
  • 13 / Jun / 2012
    • REPORTED
  • 13 / Jun / 2012
    • RULES REPORT CAL.148
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.148
  • 14 / Jun / 2012
    • SUBSTITUTED BY S4313B

Summary

Establishes an intercity bus service permit system in cities having a population of one million or more; defines terms; provides exemptions; imposes civil penalties for violations; requires a public hearing.

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Bill Details

See Senate Version of this Bill:
S4313B
Versions:
A4578
A4578A
Legislative Cycle:
2011-2012
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1642-a, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4578--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of A. SILVER, MENG -- Multi-Sponsored by -- M. of A.
  NOLAN -- read once and referred to the Committee on Transportation  --
  recommitted  to  the  Committee  on  Transportation in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to establishing
  an intercity bus permit system in cities having a  population  of  one
  million or more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1642-a to read as follows:
  S  1642-A.  BUS  PERMIT  SYSTEM  IN  CITIES HAVING A POPULATION OF ONE
MILLION OR MORE. 1. FOR THE PURPOSES  OF  THIS  SECTION,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "CHARTER BUS" SHALL MEAN A BUS TRANSPORTING PASSENGERS FOR COMPEN-
SATION IN CHARTERED PARTY.
  B. "CHARTERED PARTY" SHALL MEAN A GROUP OF PERSONS WHO, PURSUANT TO  A
COMMON  PURPOSE  AND UNDER A SINGLE CONTRACT AND AT A FIXED CHARGE, HAVE
ACQUIRED EXCLUSIVE USE OF A BUS TO TRAVEL  TOGETHER  AS  A  GROUP  TO  A
SPECIFIC DESTINATION OR FOR A PARTICULAR ITINERARY EITHER AGREED UPON IN
ADVANCE OR MODIFIED AFTER HAVING LEFT THE PLACE OF ORIGIN BY SUCH GROUP.
  C.  "COMMUNITY  BOARD"  SHALL  MEAN  A  COMMUNITY  BOARD AS DEFINED IN
SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER.
  D. "INTERCITY BUS" SHALL MEAN A BUS THAT TRANSPORTS THE GENERAL PUBLIC
BETWEEN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR  MORE  AND  ANY
LOCATION  OUTSIDE  OF  SUCH  CITY  IN SCHEDULED BUS SERVICE.   PROVIDED,
HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE A SCHOOL BUS; OR A BUS PROVID-
ING PUBLIC TRANSPORTATION; OR A CHARTER BUS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08953-04-2

A. 4578--A                          2

  E. "METROPOLITAN TRANSPORTATION AUTHORITY" SHALL MEAN THE  CORPORATION
CREATED  BY SECTION TWELVE HUNDRED SIXTY-THREE OF THE PUBLIC AUTHORITIES
LAW.
  F. "PUBLIC TRANSPORTATION" SHALL MEAN:
  (I) MASS TRANSPORTATION SERVICES PROVIDED TO THE GENERAL PUBLIC BY ANY
PUBLIC BENEFIT CORPORATION CONSTITUTING A TRANSPORTATION AUTHORITY, OR A
SUBSIDIARY THEREOF, OR ANY PUBLIC TRANSPORTATION CORPORATION CONSTITUTED
AS  AN  INSTRUMENTALITY OF A STATE, OR A SUBSIDIARY THEREOF, DIRECTLY OR
THROUGH A CONTACT WITH ANOTHER ENTITY, OR
  (II) MASS TRANSPORTATION SERVICES PROVIDED TO THE  GENERAL  PUBLIC  BY
ANY  COUNTY,  CITY,  TOWN OR VILLAGE DIRECTLY OR THROUGH A CONTRACT WITH
ANOTHER ENTITY PURSUANT TO SECTION ONE HUNDRED NINETEEN-R OF THE GENERAL
MUNICIPAL LAW, OR PROVIDED TO THE GENERAL PUBLIC BY ANOTHER STATE OR ANY
COUNTY, CITY, TOWN OR VILLAGE IN A STATE OTHER THAN NEW YORK DIRECTLY OR
THROUGH A CONTRACT WITH ANOTHER ENTITY PURSUANT TO A SIMILAR LAW OF SUCH
OTHER STATE.
  2. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  ANY  CITY
HAVING  A POPULATION OF ONE MILLION OR MORE MAY PROHIBIT INTERCITY BUSES
FROM LOADING OR UNLOADING PASSENGERS ON STREETS WITHIN SUCH CITY  EXCEPT
ON DESIGNATED STREETS AND AT DESIGNATED LOCATIONS ON SUCH STREETS PURSU-
ANT TO A PERMIT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  3.  THE  MAYOR  OF SUCH CITY WHICH ACTS PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL DESIGNATE AN AGENCY TO PROMULGATE RULES TO  IMPLEMENT
THIS  SECTION.  SUCH CITY AGENCY SHALL PROMULGATE SUCH RULES WHICH SHALL
COMPLY WITH CHAPTER FORTY-FIVE OF THE NEW YORK CITY CHARTER INCLUDING  A
PUBLIC HEARING. SUCH RULES SHALL:
  A.  ESTABLISH  A  SYSTEM OF PERMITS FOR ALLOCATING LOCATIONS ON DESIG-
NATED STREETS WHERE INTERCITY BUSES MAY LOAD AND UNLOAD PASSENGERS,  AND
PROHIBIT  LOADING  AND UNLOADING OF PASSENGERS OTHER THAN AT SUCH DESIG-
NATED LOCATIONS ON SUCH DESIGNATED STREETS PURSUANT TO A PERMIT;
  B. REQUIRE THE OWNER OR OPERATOR OF AN  INTERCITY  BUS  TO  SUBMIT  AN
APPLICATION  FOR  A  PERMIT  FOR  EACH PROPOSED LOCATION FOR LOADING AND
UNLOADING OF PASSENGERS. SUCH APPLICATION SHALL  INCLUDE  THE  FOLLOWING
INFORMATION:
  (I)  THE  NAME,  ADDRESS,  TELEPHONE  NUMBER, E-MAIL ADDRESS AND MOTOR
CARRIER NUMBER OF THE INTERCITY BUS OWNER OR OPERATOR, THE UNITED STATES
DEPARTMENT OF TRANSPORTATION NUMBER AND/OR NEW YORK STATE DEPARTMENT  OF
TRANSPORTATION  NUMBER  FOR  EACH  BUS  THAT  WOULD  USE  SUCH  PROPOSED
LOCATION;
  (II) A PROPOSED LOCATION OR LOCATIONS TO  BE  USED  BY  THE  SPECIFIED
INTERCITY  BUSES  FOR  LOADING  OR UNLOADING PASSENGERS, AND TWO OR MORE
ALTERNATIVE PROPOSED LOCATIONS;
  (III) THE NUMBER OF  INTERCITY  BUSES  THAT  WOULD  USE  THE  PROPOSED
LOCATION OR LOCATIONS;
  (IV) THE NUMBER OF PASSENGERS ANTICIPATED FOR EACH SUCH INTERCITY BUS;
  (V) THE PROPOSED INTERCITY BUS SCHEDULE;
  (VI)  THE  PLANNED  GARAGE  OR PARKING LOCATION OF THE INTERCITY BUSES
DURING PERIODS WHEN SUCH BUSES ARE NOT BEING USED; AND
  (VII) ANY OTHER INFORMATION DEEMED NECESSARY BY  THE  COMMISSIONER  OF
THE CITY AGENCY DESIGNATED PURSUANT TO THIS SUBDIVISION.
  C.  ESTABLISH  CRITERIA  FOR ASSIGNING LOCATIONS TO PERMIT APPLICANTS,
WHICH SHALL INCLUDE TRAFFIC AND SAFETY CONSIDERATIONS,  THE  PREFERENCES
OF  THE  APPLICANT,  CONSULTATION  WITH  THE  LOCAL  COMMUNITY  BOARD AS
PROVIDED IN PARAGRAPH B OF SUBDIVISION FOUR OF THIS  SECTION  AND  OTHER
CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER OF SUCH CITY AGENCY;

A. 4578--A                          3

  D.  PROVIDE THAT SUCH PERMIT SHALL BE ISSUED FOR A TERM OF UP TO THREE
YEARS, EXCEPT THAT SUCH CITY MAY RELOCATE A DESIGNATED LOCATION FOR  THE
LOADING  AND  UNLOADING  OF  PASSENGERS BY AN INTERCITY BUS, UPON NINETY
DAYS NOTICE TO THE HOLDER OF A PERMIT AND AFTER  CONSULTATION  WITH  THE
LOCAL  COMMUNITY BOARD AS PROVIDED IN PARAGRAPH B OF SUBDIVISION FOUR OF
THIS SECTION, PURSUANT TO THE CRITERIA ESTABLISHED  IN  ACCORDANCE  WITH
PARAGRAPH C OF THIS SUBDIVISION;
  E.  INCLUDE  CRITERIA  UNDER  WHICH  INTERCITY BUS OWNERS OR OPERATORS
ASSIGNED A DESIGNATED LOCATION  FOR  LOADING  AND  UNLOADING  PASSENGERS
PRIOR  TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE ISSUED A PERMIT TO
USE SUCH LOCATION FOR THE LOADING AND  UNLOADING  OF  PASSENGERS  FOR  A
PERIOD OF UP TO THREE YEARS FROM THE EFFECTIVE DATE OF THIS SECTION;
  F.  ESTABLISH A TIMEFRAME OF UP TO ONE HUNDRED FIFTY DAYS FOR DETERMI-
NATIONS ON PERMIT APPLICATIONS, AND A PROCESS FOR REVIEWING THE DETERMI-
NATION ON THE APPLICATION;
  G. REQUIRE INTERCITY BUS OWNERS OR OPERATORS TO NOTIFY SUCH CITY AGEN-
CY OF CHANGES TO INFORMATION PROVIDED IN SUCH PERMIT APPLICATION;
  H. REQUIRE INTERCITY BUS OWNERS OR OPERATORS TO PROMINENTLY DISPLAY  A
COPY OF THE PERMIT IN EACH INTERCITY BUS;
  I.  REQUIRE  THE POSTING OF ALL APPROVED APPLICATIONS ON A WEBSITE FOR
PUBLIC ACCESS BY SUCH CITY AGENCY WITHIN THIRTY DAYS OF APPROVAL;
  J. INCLUDE SUCH OTHER REQUIREMENTS AS ARE DEEMED  APPROPRIATE  BY  THE
COMMISSIONER OF SUCH CITY AGENCY;
  K.  SET FORTH A SCHEDULE OF FINES OR CIVIL PENALTIES FOR VIOLATIONS OF
THE RULES BY OWNERS OR OPERATORS OF INTERCITY BUSES, INCLUDING FOR LOAD-
ING OR UNLOADING PASSENGERS ON A CITY STREET WITHOUT  A  PERMIT  OR  FOR
FAILURE TO COMPLY WITH ANY PERMIT REQUIREMENTS OR RESTRICTIONS, PROVIDED
THAT  SUCH  FINES OR CIVIL PENALTIES SHALL NOT BE MORE THAN ONE THOUSAND
DOLLARS FOR A FIRST VIOLATION, AND NOT BE MORE THAN  TWO  THOUSAND  FIVE
HUNDRED DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION WITHIN TWO YEARS OF
THE FIRST VIOLATION; AND
  1. PROVIDE FOR THE SUSPENSION OR REVOCATION OF A PERMIT FOR FAILURE TO
COMPLY WITH ANY PERMIT REQUIREMENTS OR RESTRICTIONS.
  SUCH  RULES  ALSO  MAY PROVIDE FOR THE IMPOSITION OF AN ANNUAL FEE FOR
SUCH PERMIT TO COVER ADMINISTRATIVE EXPENSES, NOT TO EXCEED TWO  HUNDRED
SEVENTY-FIVE DOLLARS PER VEHICLE.
  4.  THE  CITY  AGENCY DESIGNATED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION TO PROMULGATE RULES SHALL:
  A. HAVE THE AUTHORITY TO DESIGNATE STREETS  AND  LOCATIONS  WHERE  THE
LOADING  OR  UNLOADING OF PASSENGERS BY INTERCITY BUSES SHALL BE PERMIT-
TED;
  B. CONSULT WITH THE LOCAL COMMUNITY BOARD FOR THE DISTRICT  ENCOMPASS-
ING THE LOCATION TO BE DESIGNATED IN A PERMIT, INCLUDING BUT NOT LIMITED
TO A NOTICE AND COMMENT PERIOD OF FORTY-FIVE DAYS, PRIOR TO THE ISSUANCE
OR PERMANENT AMENDMENT OF SUCH PERMIT;
  C.  CONSULT  WITH  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY WHEN A
PROPOSED LOCATION OR RELOCATION FOR THE LOADING AND UNLOADING OF PASSEN-
GERS BY AN INTERCITY BUS WOULD OVERLAP  WITH  AN  EXISTING  METROPOLITAN
TRANSPORTATION AUTHORITY BUS STOP;
  D.  POST  ALL  LOCATIONS  DESIGNATED  FOR THE LOADING AND UNLOADING OF
PASSENGERS BY INTERCITY BUS ON A WEBSITE FOR PUBLIC ACCESS WITHIN THIRTY
DAYS OF APPROVAL; AND
  E. HAVE THE AUTHORITY TO TEMPORARILY AMEND ANY APPROVED LOCATION FOR A
PERIOD OF UP TO NINETY DAYS FOR REASONS OF PUBLIC SAFETY OR OTHER  EMER-
GENCY  OR TEMPORARY NEED AS DETERMINED BY SUCH CITY AGENCY WITHOUT PRIOR
CONSULTATION WITH THE LOCAL COMMUNITY BOARD;  PROVIDED  THAT  SUCH  CITY

A. 4578--A                          4

AGENCY  INFORMS  THE  AFFECTED  COMMUNITY  BOARD IN WRITING NO MORE THAN
THIRTY DAYS AFTER ANY SUCH TEMPORARY AMENDMENT.
  5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IN ADDITION TO THOSE
PERSONS OTHERWISE AUTHORIZED TO ENFORCE ANY RULES  PROMULGATED  PURSUANT
TO  THIS  SECTION  AND ADJUDICATE VIOLATIONS THEREOF PURSUANT TO ARTICLE
TWO-A OR TWO-B OF THIS CHAPTER, THIS SECTION SHALL ALSO  BE  ENFORCEABLE
BY  AN  AGENCY  OR  AGENCIES DESIGNATED FOR SUCH PURPOSE BY THE MAYOR OF
SUCH CITY, AND NOTICES OF VIOLATION ISSUED BY SUCH  AGENCY  OR  AGENCIES
SHALL  BE  RETURNABLE  TO  THE ENVIRONMENTAL CONTROL BOARD OF SUCH CITY,
WHICH SHALL  HAVE  THE  POWER  TO  IMPOSE  THE  CIVIL  PENALTIES  HEREIN
PROVIDED. ALL PROCEEDINGS BEFORE THE ENVIRONMENTAL CONTROL BOARD AND ANY
ENFORCEMENT  PROCEEDINGS  SHALL BE CONDUCTED IN ACCORDANCE WITH SUBDIVI-
SION D OF SECTION ONE THOUSAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER
AND THE RULES OF THE ENVIRONMENTAL CONTROL BOARD, EXCEPT THAT SERVICE OF
A NOTICE OF VIOLATION OF ANY RULE PROMULGATED PURSUANT TO  THIS  SECTION
SHALL  BE MADE ON THE OWNER OR OPERATOR OF THE INTERCITY BUS INVOLVED IN
THE VIOLATION (I) IN THE SAME MANNER AS IS  PRESCRIBED  FOR  SERVICE  OF
PROCESS  BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES OR ARTICLE
THREE OF THE BUSINESS CORPORATION LAW; (II) BY DELIVERING SUCH NOTICE TO
THE OPERATOR OF THE INTERCITY BUS, AND MAILING A COPY OF THE  NOTICE  TO
THE  OWNER OR OPERATOR OF THE INTERCITY BUS, PROVIDED THAT PROOF OF SUCH
SERVICE SHALL BE FILED WITH THE ENVIRONMENTAL CONTROL BOARD WITHIN TWEN-
TY DAYS, AND SERVICE SHALL BE COMPLETE TEN DAYS AFTER  SUCH  FILING;  OR
(III)  BY  AFFIXING SUCH NOTICE TO THE INTERCITY BUS, AND MAILING A COPY
OF THE NOTICE TO THE OWNER OR OPERATOR OF THE  INTERCITY  BUS,  PROVIDED
THAT PROOF OF SUCH SERVICE SHALL BE FILED WITH THE ENVIRONMENTAL CONTROL
BOARD  WITHIN  TWENTY DAYS, AND SERVICE SHALL BE COMPLETE TEN DAYS AFTER
SUCH FILING. CIVIL PENALTIES MAY  ALSO  BE  RECOVERED  IN  A  PROCEEDING
COMMENCED  IN  A  COURT  OF  COMPETENT JURISDICTION. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, SUCH CIVIL PENALTIES IMPOSED  BY  SUCH  ENVIRON-
MENTAL  CONTROL  BOARD SHALL BE PAID INTO THE GENERAL FUND OF SUCH CITY.
NOTWITHSTANDING SECTION ONE HUNDRED FIFTY-FIVE OF THIS  CHAPTER  OR  ANY
OTHER  PROVISION  OF  LAW,  WHERE A PERSON HAS BEEN ADJUDICATED TO BE IN
VIOLATION OF ANY RULES PROMULGATED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, SUCH ADJUDICATION SHALL NOT HAVE THE  FORCE  AND  EFFECT  OF  A
CONVICTION OF A TRAFFIC INFRACTION OR OF A VIOLATION OF ANY PROVISION OF
THIS CHAPTER FOR ANY PURPOSE NOT SPECIFIED IN THIS SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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