| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to transportation |
| Mar 25, 2009 |
referred to transportation |
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Senate Bill S3620
2009-2010 Legislative Session
Establishes a bus rapid transit program and relates to safety guidelines and procedures involving transit buses
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Transportation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S3620 (ACTIVE) - Details
- Current Committee:
- Senate Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd V & T L, generally; amd §87, Pub Off L
2009-S3620 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3620
TITLE OF BILL :
An act to amend the vehicle and traffic law and the public officers
law, in relation to establishing a bus rapid transit program to
enforce bus lane restrictions (Part A); and to amend the vehicle and
traffic law, in relation to safety guidelines and procedures involving
transit buses (Part B)
PURPOSE OF BILL :
This bill amends the Vehicle and Traffic Law ("VTL,") and the Public
Officers Law ("POL") to authorize the City of New York ("the City") in
consultation with the Metropolitan Transportation Authority ("MTA')
and MTA New York City Transit ("NYCT") to establish a bus rapid
transit program, and to implement various measures to ensure the
efficiency and safety of bus rapid transit.
SUMMARY OF PROVISIONS :
Section 1 of the bill sets forth its legislative intent and structure.
PART A
Sections 1 through 9 and 11 through 12 of Part A of the bill make conforming amendments to various sections of the VTL so that they are consistent with the creation of a bus rapid transit program. Section 10 of Part A of the bill creates a new VTL § 1111-b to allow for imposition of liability on automobile owners for non-compliance with bus lane restrictions in cities with a population of over one million, and for operation of bus lane photo devices in such city. Section 13 of Part A of the bill creates a new paragraph (k) in Public Officers Law § 87(2) to allow for denial of access to photographs and videotapes prepared under VTL § 1111-b under the Freedom of Information Law. Section 14 of Part A of the bill provides that it will be effective 180 days after enactment. PART B Section 1 of Part B of the bill would add a new VTL § 1147 to require that a driver of a motor vehicle yield the right of way to a bus, traveling in the same direction, as a bus is reentering traffic from a bus stop. Section 2 of Part B of the bill would amend VTL § 1160(a) to increase the penalties for drivers who make illegal right turns from a bus route by failing to first enter the curb lane containing a bus stop or a curb lane which is a designated bus lane. The fine would be increased to up to $200 for a first violation, up to $400 for a second violation committed within 18 months of the first, and up to $600 for a third or subsequent violation, all of which were committed in an 18-month period. Section 3 of Part B of the bill would add a new VTL § 1177 to make it a traffic infraction to park on a bus route where such activity interferes with the normal operation of a bus. Section 4 of Part B of the bill provides that it will be effective 180 days after it becomes law. CONCLUDING SECTIONS Section 2 of the bill sets forth a severability clause. Section 3 of the bill provides that it will be effective immediately, except that the effective date provisions of Parts A and B shall govern their respective sections. EXISTING LAW : Existing law does not authorize the use of cameras for preventing interference with bus lane operations and undertaking enforcement actions. There is no current requirement that drivers of motor vehicles safely yield the right of way to buses seeking to re-enter the traffic lane from a bus stop. On the contrary, bus operators must yield to vehicles in the traffic lane. VTL § Section 1160(a) provides generally that it is a traffic infraction to make a right turn from an improper lane. Under VTL § 1800, the penalties for traffic infractions generally are as follows: a fine of not more than $100 and/or imprisonment for up to 15 days for a first infraction, a fine of not more than $200 and/or imprisonment of up to 45 days for a second infraction committed within 18 months of the first, and a fine of up to $300 and/or imprisonment of up to 90 days for the third or subsequent conviction within the 18 month period. Currently, illegal parking on a bus route, and, in particular, double parking subjects the offender to only a parking summons, which carries with it no potential to adversely affect driver's license status. LEGISLATIVE HISTORY : This is a new bill, although similar or parts of this bill have been previously proposed by the City, MT A, and others, as follows: 2008: A.10233-B/S.7229-B; A.8038 2007: A.2914 2005-06: A.1832 2004: A.11081 STATEMENT IN SUPPORT : Bus Rapid Transit Program. The New York City Department of Transportation in coordination with the New York State Department of Transportation, MTA, and NYCT is implementing Select Bus Service, a type of bus rapid transit (BRT) program that started in the summer of 2008. It will provide faster, more reliable, and more attractive bus service throughout the City, using a variety of techniques such as new and enhanced bus lanes, increased spacing between stops, and priority for buses at traffic signals. The BRT program will provide New Yorkers and visitors to the City with a new, high performance transit option, one that is much needed as bus ridership has grown by over 50 percent over the past 30 years, while bus speeds have gone down due to increased traffic. The BRT Program will make improvements to designated bus routes in all five boroughs of the City. To ensure that the BRT program succeeds in enhancing the speed and reliability of buses, it is imperative that designated bus lanes remain free of parked and moving vehicles, trucks loading and unloading, and other unauthorized motor vehicles. This bill will enhance the New York City Police Department's enforcement efforts by authorizing a bus lane photo program. Technology will be used to capture photos or videos of vehicles that violate the City's rules regarding bus lane restrictions, which specifically preclude motor vehicles from standing, parking or driving within a designated bus lane, including bus stop areas. Bus lane photo devices will record data by photographic, micro-graphic, video tape, digital video recorder, or other recording methods and produce one or more images or sequence of video images of the motor vehicle at the time it is violating bus lane restrictions. The images may be used later as evidence concerning the conduct of the vehicle owner. The equipment may consist of units mounted on the buses themselves. The cameras will be used solely along designated bus routes, and are expected to be operational only during the times of day that the bus lanes on a given BRT route ate in effect, which will be between six and twelve hours a day. The violation will be treated as the equivalent of a parking ticket; that is, no points will be assessed against the driver. Several major cities, including London and Sydney, have already successfully adopted bus lane photo programs. London's enforcement program has cut violations by 60 percent. Enforcement has been so successful that London commuters now save an average of 10 minutes per day in travel time. In addition, bus service is more reliable; from 2000 to 2004, wait times decreased by 15 percent. Enacting this bill will ensure that the new BRT program succeeds in providing more efficient and effective bus service to the people and visitors of the City of New York. This will, in turn, attract new riders, helping to meet the City's goals for mobility, environmental protection, and public health, and the goals of MTA's capital program for the next five years. Yielding right of way to a transit bus. Bus operators have great difficulty re-entering traffic lanes from a bus stop because they do not have priority over other vehicles in that traffic lane traveling in the same direction. Often, to avoid a collision, the bus operator is forced to stop short, which can result in injuries. This proposal, by giving mass transit buses priority when safe to do so, will establish clearly defined rules of the road, speed bus operation and reduce operating costs, and enhance safety. The bill also makes provision for placing a yield sign on the rear of a bus, which would give clear guidance to other drivers about how to properly and safely operate their vehicles. Improper right turn. Cutting in front of a bus as it is leaving a bus stop (or is in a bus only lane) while making a right turn is a significant cause of accidents. Raising the fine on such misconduct will help to curtail it. NYCT and NYC make every effort to locate a bus stop on the far side of an intersection to reduce this problem. But when this is not practicable, this proposed amendment will help reduce this risk to public safety. Obstructing a Bus Route by Illegal Parking. Buses have to negotiate traffic-choked streets in the City. This difficulty is made worse by illegal parking, especially "double parking." Under current law, however, offenders risk only a parking summons, which is an inadequate deterrent. By making illegal parking on a bus route a traffic infraction violators will be exposed to the Department of Motor Vehicles "points" schedule. That system, over time, can result in a suspended or revoked driver's license. When bus routes are less obstructed, MTA and NYCT bus customers will reach their destinations more quickly and safely, operating costs will be lower, and traffic congestion for all vehicles will be eased substantially. BUDGET IMPLICATIONS : Depending on the scope of the BRT program and increased bus ridership, it is expected. that MTA's program costs will be offset by the cost savings from more efficient bus operations and revenue generated for New York City from the traffic violations that are a part of this proposal. EFFECTIVE DATE : The bill takes effect immediately, provided that Parts A and B take effect 180 days after it becomes law.
2009-S3620 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3620
2009-2010 Regular Sessions
I N S E N A T E
March 25, 2009
___________
Introduced by Sen. DILAN -- (at request of the Metropolitan Transporta-
tion Authority) -- read twice and ordered printed, and when printed to
be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing a bus rapid transit program to enforce bus
lane restrictions (Part A); and to amend the vehicle and traffic law,
in relation to safety guidelines and procedures involving transit
buses (Part B)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement safety guidelines and procedures
involving transit buses and the roadways. Each component is wholly
contained within a Part identified as Parts A through B. The effective
date for each particular provision contained within such Part is set
forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Subdivision 1 of section 235 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, is amended to read
as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09420-01-9
S. 3620 2
tuting parking, standing or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, [or] to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR VIOLATIONS OF BUS
LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the
rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by chapter 379 of the laws of 1992, is amended to read as
follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of this chapter,
shall adjudicate the liability of owners for violations of subdivision
(d) of section eleven hundred eleven of this chapter in accordance with
such section eleven hundred eleven-a, and shall adjudicate the liability
of owners for violations of toll collection regulations as defined in
and in accordance with the provisions of section two thousand nine
hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF
OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAP-
TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION.
Such tribunal, except in a city with a population of one million or
more, shall also have jurisdiction of abandoned vehicle violations. For
the purposes of this article, a parking violation is the violation of
any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
S 3. Subdivision 11 of section 237 of the vehicle and traffic law, as
added by chapter 379 of the laws of 1992, is amended and a new subdivi-
sion 12 is added to read as follows:
11. To adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty[.];
12. TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED ELEVEN-B OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE
RESTRICTIONS AS DEFINED IN SUCH SECTION.
S 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by chapter 379 of the laws of 1992, is amended
to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
S. 3620 3
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter and shall not be deemed to include a notice of liability issued
pursuant to section two thousand nine hundred eighty-five of the public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER.
S 5. Subdivision 4 of section 239 of the vehicle and traffic law, as
amended by chapter 379 of the laws of 1992, is amended to read as
follows:
4. Applicability. The provisions of paragraph b of subdivision two and
subdivision three of this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven of this chapter and
shall not be applicable to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY FOR
VIOLATIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER.
S 6. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, are amended to read
as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter contests such allegation, or a person alleged to be liable in
accordance with the provisions of section two thousand nine hundred
eighty-five of the public authorities law [or], OF sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, OR OF SECTION ELEVEN HUNDRED ELEVEN-B OF
THIS CHAPTER, the bureau shall advise such person personally by such
form of first class mail as the director may direct of the date on which
he must appear to answer the charge at a hearing. The form and content
of such notice of hearing shall be prescribed by the director, and shall
contain a warning to advise the person so pleading or contesting that
failure to appear on the date designated, or on any subsequent adjourned
date, shall be deemed an admission of liability, and that a default
judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or an
allegation of liability in accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, is being
contested, by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any notice of fine or penalty to that person prior to the date of the
hearing.
S 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by chapter 379 of the laws of 1992, are
amended to read as follows:
S. 3620 4
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or an allegation of liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-B OF THIS CHAPTER, shall be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-a of this chapter is contested or of a hearing at which liability
in accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
is contested OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER IS CONTESTED. Recording devices
may be used for the making of the record.
S 8. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, are amended to read
as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he may examine either the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred eleven-a of this chapter or the
record of liabilities incurred in accordance with section two thousand
nine hundred eighty-five of the public authorities law or sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty of the person charged OR THE
RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-B OF THIS CHAPTER, as applicable prior to rendering a final
determination. Final determinations sustaining or dismissing charges
shall be entered on a final determination roll maintained by the bureau
together with records showing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or fails to contest
an allegation of liability in accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty OR FAILS TO CONTEST AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS
CHAPTER, or fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead or contest, appear or comply
shall be deemed, for all purposes, an admission of liability and shall
be grounds for rendering and entering a default judgment in an amount
provided by the rules and regulations of the bureau. However, after the
expiration of the original date prescribed for entering a plea and
before a default judgment may be rendered, in such case the bureau shall
pursuant to the applicable provisions of law notify such operator or
owner, by such form of first class mail as the commission may direct;
(1) of the violation charged, or liability in accordance with section
eleven hundred eleven-a of this chapter alleged or liability in accord-
S. 3620 5
ance with section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty
alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B
OF THIS CHAPTER, (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea or
contesting an allegation of liability in accordance with section eleven
hundred eleven-a of this chapter or contesting an allegation of liabil-
ity in accordance with section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, as appropriate, or
making an appearance within thirty days of the sending of such notice.
Pleas entered and allegations contested within that period shall be in
the manner prescribed in the notice and not subject to additional penal-
ty or fee. Such notice of impending default judgment shall not be
required prior to the rendering and entry thereof in the case of opera-
tors or owners who are non-residents of the state of New York. In no
case shall a default judgment be rendered or, where required, a notice
of impending default judgment be sent, more than two years after the
expiration of the time prescribed for entering a plea or contesting an
allegation. When a person has demanded a hearing, no fine or penalty
shall be imposed for any reason, prior to the holding of the hearing. If
the hearing examiner shall make a determination on the charges, sustain-
ing them, he shall impose no greater penalty or fine than those upon
which the person was originally charged.
S 9. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by chapter 496 of the laws of
1990 and designated by chapter 373 of the laws of 1994, is amended to
read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction or administrative tribunal of appropriate
jurisdiction that the registrant or his representative failed to appear
on the return date or any subsequent adjourned date or failed to comply
with the rules and regulations of an administrative tribunal following
entry of a final decision in response to a total of three or more
summonses or other process in the aggregate, issued within an eighteen
month period, charging either that (i) such motor vehicle was parked,
stopped or standing, or that such motor vehicle was operated for hire by
the registrant or his agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-a of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter OR (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, the commissioner or his agent
shall deny the registration or renewal application until the applicant
provides proof from the court, traffic and parking violations agency or
administrative tribunal wherein the charges are pending that an appear-
S. 3620 6
ance or answer has been made or in the case of an administrative tribu-
nal that he has complied with the rules and regulations of said tribunal
following entry of a final decision. Where an application is denied
pursuant to this section, the commissioner may, in his discretion, deny
a registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
S 10. The vehicle and traffic law is amended by adding a new section
1111-b to read as follows:
S 1111-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
LANE RESTRICTIONS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH
CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND
EMPOWERED TO ESTABLISH A BUS RAPID TRANSIT PROGRAM AND IMPOSE MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH BUS LANE RESTRICTIONS IN SUCH CITY IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. THE DEPARTMENT OF TRANSPORTATION OF SUCH
CITY, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE
BUS LANE PHOTO DEVICES ONLY ALONG BUS ROUTES DESIGNATED AS PART OF THE
BUS RAPID TRANSIT PROGRAM IN SUCH CITY. SUCH BUS LANE PHOTO DEVICES MAY
BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED ON BUSES SELECTED BY SUCH
DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE APPLICABLE MASS
TRANSIT AGENCY.
(B) IN ANY CITY THAT HAS ESTABLISHED A BUS RAPID TRANSIT PROGRAM
PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
OR IMPLIED, IN VIOLATION OF ANY BUS LANE RESTRICTIONS THAT APPLY TO BUS
ROUTES DESIGNATED AS PART OF THE BUS RAPID TRANSIT PROGRAM, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A BUS LANE PHOTO
DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY BUS LANE
RESTRICTIONS.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "BUS LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF
OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR
MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF BUS LANE
RESTRICTIONS.
3. "BUS LANE RESTRICTIONS" SHALL MEAN RESTRICTIONS ON THE USE OF
DESIGNATED TRAFFIC LANES, INCLUDING BUS STOP AREAS, BY VEHICLES OTHER
THAN BUSES IMPOSED ON ROUTES WITHIN A BUS RAPID TRANSIT PROGRAM BY RULE
OR SIGNS ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT
ESTABLISHES A BUS RAPID TRANSIT PROGRAM PURSUANT TO THIS SECTION.
4. "BUS RAPID TRANSIT PROGRAM" SHALL MEAN A PROGRAM THAT OPERATES ON
ROUTES DESIGNATED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT
ESTABLISHES SUCH A PROGRAM PURSUANT TO THIS SECTION AND IN A CITY WITH A
S. 3620 7
POPULATION OF ONE MILLION OR MORE AND IN CONSULTATION WITH THE APPLICA-
BLE MASS TRANSIT AGENCY.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR
CONTRACTOR, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
A BUS LANE PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION IMPOSED
ON ANY DESIGNATED BUS ROUTE SHALL BE LIABLE FOR MONETARY PENALTIES IN
ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE
PARKING VIOLATIONS BUREAU OF SUCH CITY; PROVIDED, HOWEVER, THAT THE
MONETARY PENALTY FOR VIOLATING A BUS LANE RESTRICTION SHALL NOT EXCEED
ONE HUNDRED FIFTEEN DOLLARS; PROVIDED, FURTHER, THAT AN OWNER SHALL BE
LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR
EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE
RESTRICTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A
MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF
BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE
RESTRICTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE BUS LANE
PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
(H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS
LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS
STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV-
ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY
THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT AN ORIGINAL INCIDENT FORM
ISSUED BY THE POLICE ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL
TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY.
S. 3620 8
(I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF A BUS LANE RESTRICTION, PROVIDED
THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (G) OF THIS SECTION.
(J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION WAS
NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER
MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
(K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS.
S 11. The opening paragraph of subdivision 1 of section 1809 of the
vehicle and traffic law, as amended by section 2 of part DD of chapter
56 of the laws of 2008, is amended to read as follows:
Whenever proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, OR OTHER THAN AN ADJUDICATION IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, there shall be
levied a crime victim assistance fee and a mandatory surcharge, in addi-
tion to any sentence required or permitted by law, in accordance with
the following schedule:
S 12. Paragraph (c) of subdivision 1 of section 1809 of the vehicle
and traffic law, as amended by section 2 of part DD of chapter 56 of the
laws of 2008, is amended to read as follows:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
S. 3620 9
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter or other than an infraction pursuant to
article nine of this chapter or other than an adjudication of liability
of an owner for a violation of toll collection regulations pursuant to
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, OR OTHER
THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B
OF THIS CHAPTER, there shall be levied a crime victim assistance fee in
the amount of five dollars and a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of fifty-five
dollars.
S 13. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (k) to read as follows:
(K) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE PREPARED UNDER AUTHORITY OF
SECTION ELEVEN HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW.
S 14. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that the amendments
to subdivision 1 of section 235 of the vehicle and traffic law made by
section one of this act; the amendments to subdivision 1 of section 236
of the vehicle and traffic law made by section two of this act; the
amendments to subdivision 1 of section 239 of the vehicle and traffic
law made by section four of this act; the amendments to subdivision 4 of
section 239 of the vehicle and traffic law made by section five of this
act; the amendments to subdivisions 1, 1-a, and 2 of section 240 of the
vehicle and traffic law made by sections six and seven of this act; the
amendments to subdivisions 1 and 2 of section 241 of the vehicle and
traffic law made by section eight of this act; the amendments to para-
graph (a) of subdivision 5-a of section 401 of the vehicle and traffic
law made by section nine of this act; and the amendments to subdivision
1 of section 1809 of the vehicle and traffic law made by sections eleven
and twelve of this act shall not affect the repeal or expiration of such
provisions and shall be deemed to repeal or expire therewith; and
further provided that any rules necessary for the implementation of this
act on its effective date shall be promulgated on or before such date.
PART B
Section 1. The vehicle and traffic law is amended by adding a new
section 1147 to read as follows:
S 1147. FAILURE TO YIELD RIGHT OF WAY TO TRANSIT BUS. (A) A DRIVER OF
A VEHICLE SHALL YIELD THE RIGHT OF WAY TO A TRANSIT BUS RE-ENTERING
TRAFFIC FROM A BUS STOP WHEN THE DRIVER CAN SAFELY CHANGE LANES OR SLOW
DOWN OR STOP, WHERE:
(1) A YIELD SIGN AS DESCRIBED IN SUBDIVISION (B) OF THIS SECTION IS
DISPLAYED PROMINENTLY ON THE REAR OF A TRANSIT BUS; AND
(2) THE DRIVER IS OPERATING A VEHICLE THAT IS OVERTAKING THE TRANSIT
BUS FROM THE LEFT REAR OF THE TRANSIT BUS; AND
(3) THE TRANSIT BUS IS SIGNALING THROUGH USE OF A TURN SIGNAL AN
INTENTION TO RE-ENTER FROM A BUS STOP THE LANE OF TRAFFIC OCCUPIED BY
THE DRIVER OF THE VEHICLE.
(B) THE YIELD SIGN REFERRED TO IN PARAGRAPH (1) OF SUBDIVISION (A) OF
THIS SECTION MAY BE A CLEARLY VISIBLE DECAL WARNING A DRIVER OF A VEHI-
CLE APPROACHING THE REAR OF A TRANSIT BUS THAT SUCH DRIVER MUST YIELD
WHEN THE TRANSIT BUS IS RE-ENTERING TRAFFIC FROM A BUS STOP.
S. 3620 10
(C) THIS SECTION SHALL NOT OPERATE TO RELIEVE THE DRIVER OF A TRANSIT
BUS FROM THE DUTY TO DRIVE WITH REASONABLE CARE FOR ALL PERSONS USING
THE HIGHWAY.
(D) FOR PURPOSES OF THIS SECTION, THE TERM "TRANSIT BUS" SHALL MEAN A
BUS OPERATED FOR THE PROVISION OF MASS TRANSPORTATION.
S 2. Subdivision (a) of section 1160 of the vehicle and traffic law,
as amended by chapter 162 of the laws of 1990, is amended to read as
follows:
(a) Right turns. 1. Both the approach for a right turn and a right
turn shall be made as close as practicable to the right hand curb or
edge of the roadway or, where travel on the shoulder or slope has been
authorized, from the shoulder or slope.
2. WHERE A VIOLATION OF PARAGRAPH ONE OF THIS SUBDIVISION ARISES
THROUGH THE FAILURE OF A DRIVER OF A VEHICLE TO PROPERLY UTILIZE WHEN
PRACTICABLE THAT PORTION OF THE ROADWAY DESIGNATED AS A BUS LANE OR BUS
STOP FOR USE BY A TRANSIT BUS AND INTERFERES WITH THE NORMAL OPERATION
OF A TRANSIT BUS, SUCH VIOLATION SHALL CONSTITUTE A TRAFFIC INFRACTION
PUNISHABLE BY A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS OR BY IMPRI-
SONMENT FOR NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRI-
SONMENT; FOR A CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH PERSON SHALL BE
PUNISHED BY A FINE OF NOT MORE THAN FOUR HUNDRED DOLLARS OR BY IMPRISON-
MENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH SUCH FINE AND IMPRI-
SONMENT; UPON A CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF
WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH PERSON
SHALL BE PUNISHED BY A FINE OF NOT MORE THAN SIX HUNDRED DOLLARS OR BY
IMPRISONMENT FOR NOT MORE THAN NINETY DAYS OR BY BOTH SUCH FINE AND
IMPRISONMENT. FOR PURPOSES OF THIS PARAGRAPH, THE TERM TRANSIT BUS SHALL
MEAN A BUS OPERATED FOR THE PROVISION OF MASS TRANSPORTATION.
S 3. The vehicle and traffic law is amended by adding a new section
1177 to read as follows:
S 1177. OBSTRUCTING A BUS ROUTE. NO PERSON SHALL PARK A VEHICLE ON A
ROADWAY WHICH IS A BUS ROUTE UTILIZED BY A TRANSIT BUS, INCLUDING BUS
STOP AREAS, WHERE THE PARKING OF SUCH VEHICLE WILL INTERFERE WITH THE
NORMAL OPERATION OF A TRANSIT BUS. FOR PURPOSES OF THIS SECTION, THE
TERM "TRANSIT BUS" SHALL MEAN A BUS OPERATED FOR THE PROVISION OF MASS
TRANSPORTATION.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgement shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through B of this act shall be
as specifically set forth in the last section of such Parts.
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