senate Bill S5684

Vetoed Amended

Relates to New York city omnibus safety requirements

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Bill Status


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

  • 04 / Jun / 2013
    • REFERRED TO CITIES
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 13 / May / 2014
    • 1ST REPORT CAL.706
  • 14 / May / 2014
    • AMENDED 5684A
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • PASSED SENATE
  • 02 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2014
    • REFERRED TO CITIES
  • 16 / Jun / 2014
    • SUBSTITUTED FOR A7424A
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.262
  • 16 / Jun / 2014
    • PASSED ASSEMBLY
  • 16 / Jun / 2014
    • RETURNED TO SENATE
  • 17 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 29 / Dec / 2014
    • VETOED MEMO.583

Summary

Relates to New York city omnibus safety requirements; defines terms; provides for the retrofitting of omnibuses with silent emergency alarms that are synchronized with existing bus GPS devices so that the location of such bus emitting the alarm is immediately known by the command center of the New York city transit authority.

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Bill Details

See Assembly Version of this Bill:
A7424
Versions:
S5684
S5684A
Legislative Cycle:
2013-2014
Law Section:
New York City Administrative Code
Laws Affected:
Add ยง10-171, NYC Ad Cd

Votes

4
0
4
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details

Sponsor Memo

BILL NUMBER:S5684

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to New York city transit omnibus safety
requirements

PURPOSE: To mandate a five (5) year transition in which all NYC
Transit and any of its subsidiaries operating buses within the city to
be retrofitted with a transparent, in whole or in part, partition of
sufficient. strength to protect bus drivers from assaults and other
illegal contact by passengers thereon. It also requires within a two
(2) year period that existing equipment be synchronized so that when
an emergency button is activated, the precise location of the bus is
indicated to the command center of the transit. authority by a GPS
device on the bus.

SUMMARY OF PROVISIONS:

Section 1. Sets forth a legislative intent.

Section 2. Adds a new section to title 10 of the NYC Administrative
Code, numbered 10-171 that contains a definition subdivision; a
subdivision requiring any new bus equipment operated by a transit
authority delivering mass transit surface services to be equipped with
a partition and synchronized alarm/GPS; a subdivision that requires
such transit authority to retrofit its existing fleet of buses within
five years on the partition and two years on the synchronized
alarm/GPS device,

Section 3. Sets forth an immediate effective date

JUSTIFICATION: Bus operators of buses on busy urban thoroughfares
necessarily have to concentrate on traffic and traffic control devices
outside of the vehicle. They cannot simultaneously be aware of threats
to their person by an assaulting passenger, or avoid dangerous health
exposure to unwanted threats presented by a spitting passenger or
other behavior by a belligerent patron. Many bus drivers are women and
are frequently subjected to humiliating and demeaning unwanted
touching of their persons by male passengers. Each year incidents of
this nature have been increasing and the NYC Transit. authority has
begun to slowly install protective partitions to deter misbehavior and
protect its employees. This bill would encourage and bring about a
quicker universal installation of such partitions.

Existing equipment on NYC Transit buses include a silent alarm
apparatus which conveys to the command center of the transit authority
that an emergency situation has arisen on the bus and also a CPS
device which can convey the precise location of the bus to such
center. Currently the two devices are not synchronized so that the
activated alarm does not also cause the CPS to convey the location of
the bus. There is a need to coordinate these two pieces of equipment
so that the response time by the transit authority and first
responders can be significantly shortened.

LEGISLATIVE HISTORY: None


FISCAL IMPLICATIONS: It is expected that any additional costs would
be fully offset by savings from reduced workers compensation costs and
reduction in absences from work due to attacks on bus operators.

EFFECTIVE DATE: It shall take effect immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5684

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 4, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to New York city transit omnibus safety requirements

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

  Section 1. Legislative findings. The occupation of driving an  omnibus
available to the general public has become increasingly dangerous to bus
drivers  employed by the New York City Transit Authority and its subsid-
iaries. There has been an increase in the number of bus drivers who have
become victims of  assaults,  verbal  attacks,  spitting,  menacing  and
threats at the hands of bus riders. Unlike the work environment of tran-
sit  employees  deployed  on  the subway trains, there is no discernible
police presence on these buses, and the driver is relatively defenseless
while operating a bus on a congested urban street, against an aggressive
bus passenger seeking to harm him or her.
  The legislature finds that a safety partition between the bus  drivers
and  the  passengers on the vehicle can be an effective deterrent to any
harm being inflicted on the transit worker. Such  partitions  have  been
highly  effective  in  protecting  taxi  cab and livery car drivers from
aggressive acts by passengers inside their vehicles. A similar  require-
ment  protecting  bus  operators  should  be equally effective and would
promote public safety for the riding  public  on  mass  transit  surface
vehicles.
  The legislature also finds that current emergency communication proto-
cols of the New York City Transit Authority and its subsidiaries are not
operating at an optimum efficiency level. Nearly all buses are currently
equipped with a silent alarm mechanism which alerts the transit authori-
ty's  command center that an emergency exists and also with a GPS device
which can apprise the command center of the location of  the  bus.  More
meaningful  information and more importantly, a more timely intervention

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09645-01-3

S. 5684                             2

by first responders and transit supervisors, could be  conveyed  if  the
two  existing devices worked in tandem with one another.  That the emer-
gency alarm be synchronized with the GPS device so that when it is acti-
vated  it can simultaneously convey the location of the bus sounding the
alarm. The legislature finds these  two  common  sense  initiatives  can
significantly  improve the safety on mass transit buses operating within
New York city at a very modest cost.
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 10-171 to read as follows:
  S  10-171 NEW YORK CITY TRANSIT OMNIBUS SAFETY REQUIREMENTS. A.  DEFI-
NITIONS. 1. THE TERM "OMNIBUS" OR "BUS" SHALL MEAN A MECHANIZED  VEHICLE
PROVIDING  MASS TRANSIT SURFACE SERVICE TO THE PUBLIC OWNED, OPERATED OR
LEASED BY THE NEW YORK CITY TRANSIT AUTHORITY  OR  ONE  OF  ITS  SUBSID-
IARIES.
  2.  THE  TERM  "PARTITION" SHALL MEAN AN "L" SHAPED ENCLOSURE AROUND A
BUS OPERATOR, CONSISTING IN WHOLE OR IN PART OF PLEXIGLASS AT LEAST  ONE
INCH  IN THICKNESS OR SOME OTHER RIGID TRANSPARENT SUBSTANCE OF EQUAL OR
GREATER STRENGTH, THAT WILL HAVE A HINGED DOOR OPENING TO THE RIGHT OF A
SEATED BUS OPERATOR TO ALLOW FOR EASY INGRESS AND EGRESS.
  3. THE TERM "SILENT EMERGENCY ALARM" SHALL MEAN A DEVICE CURRENTLY  IN
USE ON OMNIBUSES DEPLOYED BY THE NEW YORK CITY TRANSIT AUTHORITY AND ITS
SUBSIDIARIES THAT WILL ALLOW A BUS OPERATOR TO SURREPTITIOUSLY ALERT THE
COMMAND  CENTER OF SUCH TRANSIT AUTHORITY OF A CIRCUMSTANCE OR CONDITION
CONSTITUTING AN EMERGENCY IN THE JUDGMENT OF THE OPERATOR.
  4. THE TERM "BUS GPS DEVICE" SHALL MEAN A DEVICE CURRENTLY IN  USE  ON
OMNIBUSES  DEPLOYED  BY  THE  NEW  YORK  CITY  TRANSIT AUTHORITY AND ITS
SUBSIDIARIES, THAT WHEN ACTIVATED, CAN IMPART THE EXACT LOCATION OF  THE
OMNIBUS TO THE COMMAND CENTER OF SUCH TRANSIT AUTHORITY.
  5.  THE  TERM "TRANSIT AUTHORITY" SHALL MEAN THE NEW YORK CITY TRANSIT
AUTHORITY AND ANY OF ITS SUBSIDIARIES  OPERATING  SURFACE  MASS  TRANSIT
VEHICLES WITHIN NEW YORK CITY.
  B.  THE  TRANSIT  AUTHORITY  SHALL NOT ACQUIRE OR PUT INTO SERVICE ANY
OMNIBUS AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICH IS NOT  EQUIPPED
WITH A PARTITION DESIGNED AND SUFFICIENT TO PROTECT THE OPERATOR OF SUCH
OMNIBUS  FROM  ATTACKS ON HIS OR HER PERSON AND IS ALSO EQUIPPED WITH AN
EASY TO ACCESS SILENT EMERGENCY ALARM TO  THE  COMMAND  CENTER  OF  SUCH
TRANSIT  AUTHORITY  WHICH  WHEN ACTIVATED, WILL SIMULTANEOUSLY CAUSE THE
BUS GPS DEVICE TO SIGNAL THE PRECISE LOCATION OF  THE  OMNIBUS  EMITTING
THE SILENT EMERGENCY ALARM.
  C.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE TRANSIT
AUTHORITY SHALL RETROFIT ONE-FIFTH OF THE TOTAL OMNIBUSES IT DEPLOYS FOR
MASS TRANSIT SERVICE WITHIN NEW YORK CITY WITH A PARTITION, AND FOR EACH
CONSECUTIVE YEAR THEREAFTER A LIKE PERCENTAGE OF ITS BUS FLEET SHALL  BE
RETROFITTED  WITH A PARTITION, SO THAT UPON COMPLETION OF THE FIFTH YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION THE ENTIRE FLEET  OF  OMNIBUSES
OPERATED  BY  THE  TRANSIT  AUTHORITY  SHALL HAVE A PROTECTIVE PARTITION
INSTALLED TO PROTECT THE BUS OPERATOR.  DURING  ANY  YEAR  WHEN  ONLY  A
PARTIAL  NUMBER  OF  BUSES  ARE  EQUIPPED WITH A PARTITION, DECISIONS TO
DEPLOY BUSES EQUIPPED WITH SUCH BARRIERS ON ANY  ROUTE  OF  THE  TRANSIT
AUTHORITY WILL BE MADE BY THE BUS OPERATION ACTION COMMITTEE IN ORDER TO
PRIORITIZE DEPLOYMENT ON THE ROUTES THAT HAVE HISTORICALLY BEEN THE MOST
DANGEROUS TO BUS OPERATORS.
  D.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE TRANSIT
AUTHORITY SHALL RETROFIT ONE-HALF OF THE TOTAL OMNIBUSES IT DEPLOYS  FOR
MASS  TRANSIT SERVICE WITHIN NEW YORK CITY WITH A SILENT EMERGENCY ALARM
THAT IS SYNCHRONIZED WITH ITS  EXISTING  BUS  GPS  DEVICE  SO  THAT  THE

S. 5684                             3

LOCATION OF A BUS EMITTING THE ALARM IS IMMEDIATELY KNOWN BY THE COMMAND
CENTER  OF  THE  TRANSIT AUTHORITY, AND IN THE NEXT CONSECUTIVE YEAR THE
REMAINDER OF THE FLEET OF OMNIBUSES OF THE TRANSIT AUTHORITY SHALL BE SO
EQUIPPED.
  S 3. This act shall take effect immediately.

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