assembly Bill A4578A

Signed By Governor
2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via S4313 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.410
Aug 06, 2012 delivered to governor
Jun 14, 2012 returned to senate
passed assembly
ordered to third reading rules cal.148
substituted for a4578a
Jun 14, 2012 substituted by s4313b
Jun 13, 2012 ordered to third reading rules cal.148
rules report cal.148
reported
Jun 12, 2012 reported referred to rules
reported referred to codes
Apr 30, 2012 print number 4578a
amend (t) and recommit to transportation
Jan 04, 2012 referred to transportation
returned to assembly
died in senate
Apr 04, 2011 referred to transportation
delivered to senate
passed assembly
home rule request
Mar 31, 2011 advanced to third reading cal.168
Mar 30, 2011 reported
reported referred to codes
Feb 04, 2011 referred to transportation

Votes

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Mar 13, 2012 - Transportation committee Vote

S4313A
13
0
committee
13
Aye
0
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 2, 2011 - Transportation committee Vote

S4313A
16
0
committee
16
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

A4578 - Bill Details

See Senate Version of this Bill:
S4313B
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1642-a, V & T L

A4578 - Bill Texts

view 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2977                                                  A. 4578

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 4, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  SQUADRON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

IN  ASSEMBLY  -- Introduced by M. of A. SILVER -- read once and referred
  to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  an intercity bus passenger service 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.  INTERCITY  BUS  PASSENGER  SERVICE PERMIT SYSTEM IN CITIES
HAVING A POPULATION OF ONE MILLION OR MORE.  1. DEFINITIONS. AS USED  IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "COMMUNITY  BOARD"  SHALL  HAVE  THE  SAME MEANING AS SUCH TERM IS
DEFINED IN SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER;
  B. "INTERCITY BUS PASSENGER SERVICE" SHALL MEAN TRANSPORTATION BY  BUS
PROVIDED  TO  THE  PUBLIC ON A REGULAR AND CONTINUING BASIS BY A PERSON,
FIRM, OR CORPORATION AUTHORIZED TO TRANSPORT  PASSENGERS  IN  INTERSTATE
COMMERCE BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OR IN INTRA-
STATE  COMMERCE BY THE STATE DEPARTMENT OF TRANSPORTATION THAT IS PRIMA-
RILY INTENDED TO SATISFY LONGER DISTANCE TRAVEL DEMAND  BETWEEN  CITIES,
AND VILLAGES AND UNINCORPORATED URBAN PLACES; AND
  C.  "METROPOLITAN TRANSPORTATION AUTHORITY" SHALL MEAN THE CORPORATION
CREATED BY SECTION TWELVE HUNDRED SIXTY-THREE OF THE PUBLIC  AUTHORITIES
LAW.
  2.  EXEMPTIONS.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
TRANSPORTATION FOR COMPENSATION WHEN THAT TRANSPORTATION IS PERFORMED:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08953-01-1

S. 2977                             2                            A. 4578

  A. INCIDENTAL TO OR IN FURTHERANCE OF ANY  NON-TRANSPORTATION  COMMER-
CIAL  OR NOT-FOR-PROFIT ENTERPRISE OF THE PROVIDER OF THE TRANSPORTATION
WHEN SUCH TRANSPORTATION IS NOT OPEN TO THE GENERAL PUBLIC;
  B. TO AND FROM SCHOOLS AND SCHOOL-RELATED ACTIVITIES;
  C. ON AN OCCASIONAL, CASUAL OR RECIPROCAL BASIS BY PERSONS NOT ENGAGED
IN TRANSPORTATION AS A REGULAR OCCUPATION OR BUSINESS;
  D.  AS A SIGHTSEEING SERVICE CONDUCTED PURSUANT TO THE JURISDICTION OR
REGULATORY CONTROL OF A CITY, VILLAGE OR TOWN WHEN SUCH SERVICE IS OPER-
ATED WHOLLY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE;
  E. IN AMBULANCES THAT ARE UNDER THE JURISDICTION OF THE NEW YORK STATE
DEPARTMENT OF HEALTH;
  F. BY TRANSPORTATION AUTHORITIES WHEN THE TRANSPORTATION PERFORMED  IS
WHOLLY  WITHIN  THE  TRANSPORTATION  DISTRICT  PRESCRIBED  BY THE PUBLIC
AUTHORITIES LAW FOR SUCH TRANSPORTATION AUTHORITY;
  G. BY TRANSPORTATION SYSTEMS THAT ARE WHOLLY OWNED BY  A  MUNICIPALITY
WHEN  THE  TRANSPORTATION PERFORMED IS WHOLLY WITHIN SUCH MUNICIPALITY'S
BOUNDARIES;
  H. BY BUSES OPERATING WHOLLY WITHIN ANY CITY;
  I. BY CARRIERS OPERATING UNDER A CONTRACT WITH AN EMPLOYER TO  PROVIDE
TRANSPORTATION FOR THE EXCLUSIVE USE OF EMPLOYEES; AND
  J.  AS A TAXI OR LIVERY SERVICE CONDUCTED IN VEHICLES HAVING A SEATING
CAPACITY OF TWENTY PASSENGERS OR LESS PURSUANT TO  THE  JURISDICTION  OR
REGULATORY  CONTROL  OF  A CITY WITH A POPULATION OVER ONE MILLION, WHEN
SUCH SERVICE IS CONDUCTED WHOLLY WITHIN SUCH A CITY.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CITY WITH A  POPU-
LATION  OF  ONE MILLION OR MORE MAY, BY ADOPTION OF A LOCAL LAW OR ORDI-
NANCE:
  A. ESTABLISH A PERMIT SYSTEM FOR THE LOADING AND UNLOADING OF  PASSEN-
GERS  ON  STREETS  WITHIN  SUCH CITY BY BUSES OPERATING IN INTERCITY BUS
PASSENGER SERVICE; AND
  B. PROHIBIT BUSES OPERATING IN INTERCITY BUS  PASSENGER  SERVICE  FROM
LOADING  OR  UNLOADING  PASSENGERS ON STREETS WITHIN SUCH CITY WITHOUT A
PERMIT ISSUED PURSUANT  TO  ANY  SUCH  LOCAL  LAW  OR  ORDINANCE  OR  IN
VIOLATION OF ANY PERMIT REQUIREMENTS OR RESTRICTIONS. PROVIDED, HOWEVER,
PRIOR  TO ESTABLISHING A PERMIT SYSTEM THE CITY AGENCY DESIGNATED PURSU-
ANT TO PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION SHALL, IN CONSUL-
TATION WITH THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  AND  COMMUNITY
BOARDS,  IDENTIFY  A  SUFFICIENT NUMBER OF LOCATIONS FOR THE LOADING AND
UNLOADING OF PASSENGERS BY SUCH BUSES.
  4. THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH PERMIT SYSTEM:
  A. SHALL DESIGNATE A CITY AGENCY WHICH  SHALL  ASSUME  THE  REGULATORY
RESPONSIBILITY FOR SUCH PERMIT SYSTEM INCLUDING THE ISSUANCE OF PERMITS,
THE  DESIGNATION  OF  LOCATIONS FOR THE LOADING AND UNLOADING OF PASSEN-
GERS, AND THE DESIGNATION OF STREETS  OR  AREAS  WHERE  THE  LOADING  OR
UNLOADING OF PASSENGERS MAY BE PROHIBITED;
  B.  SHALL  ESTABLISH  CRITERIA FOR THE ISSUANCE OF PERMITS WHICH SHALL
INCLUDE, BUT NOT BE LIMITED TO, REQUIRING THE OWNER OR  OPERATOR  OF  AN
INTERCITY  BUS PASSENGER SERVICE TO SUBMIT A PERMIT APPLICATION FOR EACH
PROPOSED LOCATION FOR LOADING OR UNLOADING PASSENGERS WHICH  APPLICATION
SHALL  INCLUDE  THE  NAME, ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS AND
MOTOR CARRIER NUMBER OF THE OWNER OR  OPERATOR  OF  SUCH  INTERCITY  BUS
PASSENGER SERVICE, THE FOLLOWING IDENTIFYING INFORMATION FOR EACH BUS TO
BE  USED  IN SUCH INTERCITY BUS PASSENGER SERVICE: UNITED STATES DEPART-
MENT OF TRANSPORTATION NUMBER AND/OR NEW YORK STATE DEPARTMENT OF TRANS-
PORTATION NUMBER; A PROPOSED  LOCATION,  AND  TWO  OR  MORE  ALTERNATIVE
PROPOSED  LOCATIONS,  FOR  THE  LOADING  OR UNLOADING OF PASSENGERS; THE

S. 2977                             3                            A. 4578

NUMBER OF BUSES THAT WOULD USE THE DESIGNATED LOCATION FOR  THE  LOADING
OR  UNLOADING  OF  PASSENGERS;  THE NUMBER OF PASSENGERS ANTICIPATED FOR
EACH BUS; THE NUMBER OF BUSES THAT WOULD USE THE DESIGNATED LOCATION FOR
EACH  BUS;  THE  PROPOSED  BUS  SCHEDULE; THE PROPOSED GARAGE OR PARKING
LOCATION OF THE BUSES DURING PERIODS WHEN THE BUSES ARE NOT  BEING  USED
FOR  INTERCITY  BUS  PASSENGER SERVICE; AND ANY OTHER INFORMATION DEEMED
NECESSARY BY THE COMMISSIONER OF THE CITY AGENCY DESIGNATED PURSUANT  TO
PARAGRAPH A OF THIS SUBDIVISION;
  C.  SHALL AUTHORIZE THE CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION TO PROMULGATE RULES AND REGULATIONS FOR  THE  IMPLE-
MENTATION OF SUCH LOCAL LAW WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I)  PROVIDING FOR THE ISSUANCE OF PERMITS IN ACCORDANCE WITH CRITERIA
ESTABLISHED BY SUCH LOCAL LAW OR ORDINANCE;
  (II) ESTABLISHING CRITERIA TO APPROVE OR  DISAPPROVE  PERMIT  APPLICA-
TIONS,  WHICH  MUST  INCLUDE  AT MINIMUM A THIRTY DAY NOTICE AND COMMENT
PERIOD FOR THE METROPOLITAN TRANSPORTATION AUTHORITY  AND  THE  RELEVANT
COMMUNITY  BOARD AND A PROCESS FOR APPLICANTS TO APPEAL A DISAPPROVAL OF
A PERMIT APPLICATION;
  (III) ESTABLISHING CRITERIA FOR ASSIGNING LOCATIONS TO  PERMIT  APPLI-
CANTS  FOR  THE  LOADING OR UNLOADING OF PASSENGERS WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE APPLICANT'S PREFERENCES, TRAFFIC  AND  SAFETY
CONSIDERATIONS,  CONSIDERATION  OF COMMENTS FROM THE METROPOLITAN TRANS-
PORTATION AUTHORITY AND THE RELEVANT  COMMUNITY  BOARD,  AND  ANY  OTHER
CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER OF SUCH AGENCY;
  (IV)  ESTABLISHING  A PROCESS TO REVIEW AND RENDER A FINAL ADMINISTRA-
TIVE DETERMINATION ON ANY APPLICATION FOR THE ISSUANCE OF A PERMIT WITH-
IN NINETY DAYS AFTER A COMPLETED APPLICATION IS FILED;
  (V) ESTABLISHING CRITERIA FOR GRANTING A WAIVER OF ANY OR ALL REQUIRE-
MENTS FOR AN OWNER OR OPERATOR OF INTERCITY BUS PASSENGER  SERVICE  THAT
INFREQUENTLY LOADS OR UNLOADS PASSENGERS IN SUCH CITY, OR BASED ON OPER-
ATIONAL  CONSIDERATIONS,  AND  A PROCESS FOR APPLYING FOR SUCH A WAIVER;
AND
  (VI) PROVIDING THAT PERMITS MAY BE  ISSUED  FOR  UP  TO  THREE  YEARS,
PROVIDED, HOWEVER, THAT THE CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH
A  OF  THIS  SUBDIVISION MAY RELOCATE A DESIGNATED LOCATION, UPON THIRTY
DAYS' NOTICE TO THE HOLDER OF THE PERMIT, THE  METROPOLITAN  TRANSPORTA-
TION  AUTHORITY  AND THE RELEVANT COMMUNITY BOARD BASED ON CITY NEEDS AS
DETERMINED BY THE COMMISSIONER OF SUCH AGENCY;
  D. SHALL REQUIRE THE OWNER OR OPERATOR OF AN INTERCITY  BUS  PASSENGER
SERVICE  TO  PROMINENTLY  DISPLAY A COPY OF SUCH PERMIT IN EACH BUS THAT
USES A DESIGNATED LOCATION FOR THE LOADING OR UNLOADING OF PASSENGERS;
  E. SHALL PROVIDE FOR PUBLIC NOTICE OF PERMIT APPLICATIONS WITHIN  FIVE
BUSINESS DAYS OF SUBMISSION THEREOF;
  F.  SHALL  PROVIDE THAT, AS A CONDITION TO OBTAINING A PERMIT PURSUANT
TO A LOCAL LAW OR ORDINANCE ADOPTED  PURSUANT  TO  THIS  SECTION,  EVERY
PERMIT  APPLICANT  SHALL  OBTAIN AND CONTINUE IN EFFECT A SURETY BOND IN
THE AMOUNT OF FIVE THOUSAND DOLLARS EXECUTED BY A SURETY COMPANY AUTHOR-
IZED TO TRANSACT BUSINESS IN THE STATE BY THE  INSURANCE  DEPARTMENT  OF
THE STATE. THE BONDS SHALL BE APPROVED AS TO FORM BY THE COMMISSIONER OF
THE  CITY  AGENCY DESIGNATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
AND SHALL BE CONDITIONED ON THE PERMIT APPLICANT'S OR  HOLDER'S  PAYMENT
OF  ALL  CIVIL PENALTIES IMPOSED UPON THE PERMIT APPLICANT OR HOLDER FOR
OPERATING AN INTERCITY BUS  PASSENGER  SERVICE  THAT  LOADS  OR  UNLOADS
PASSENGERS  ON  STREETS  WITHIN  SUCH  CITY  IN  VIOLATION OF ANY PERMIT
REQUIREMENTS OR RESTRICTIONS. RECOVERY AGAINST A BOND  MAY  BE  MADE  BY
SUCH CITY WHICH OBTAINS A JUDGMENT AGAINST THE PERMIT APPLICANT OR HOLD-

S. 2977                             4                            A. 4578

ER FOR AN ACT OR OMISSION ON WHICH THE BOND IS CONDITIONED IF THE ACT OR
OMISSION  OCCURRED  DURING  THE  TERM  OF  THE BOND. THE TOTAL LIABILITY
IMPOSED ON THE SURETY UNDER THIS SECTION FOR ALL BREACHES  OF  THE  BOND
CONDITION  IS LIMITED TO THE FACE AMOUNT OF THE BOND. SUCH LIABILITY MAY
INCLUDE, BUT IS NOT LIMITED TO, THE AMOUNT  OF  THE  FINES  IMPOSED  AND
UNPAID.  IN  NO  EVENT  SHALL  THE  SURETY ON A BOND BE LIABLE FOR TOTAL
CLAIMS IN EXCESS OF THE BOND AMOUNT, REGARDLESS OF THE NUMBER OR  NATURE
OF CLAIMS MADE AGAINST THE BOND OR THE NUMBER OF YEARS THE BOND REMAINED
IN  FORCE.  ANY SURETY ISSUING A BOND PURSUANT TO THIS SUBDIVISION SHALL
BE REQUIRED TO PROVIDE SIXTY DAYS' NOTICE TO  THE  COMMISSIONER  OF  THE
CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION PRIOR
TO THE EFFECTIVE DATE OF CANCELLATION OF THE BOND;
  G. SHALL CONTAIN ADEQUATE REGULATORY AND ENFORCEMENT CRITERIA;
  H. MAY PROVIDE FOR THE IMPOSITION OF AN ANNUAL FEE FOR SUCH PERMIT NOT
TO EXCEED TWO HUNDRED SEVENTY-FIVE DOLLARS PER VEHICLE;
  I.  SHALL PROVIDE THAT SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND
OF THE CITY; AND
  J. MAY PROVIDE FOR:
  (A) A CIVIL PENALTY FOR LOADING OR  UNLOADING  PASSENGERS  ON  A  CITY
STREET  WITHOUT  A  PERMIT  OR  FOR  FAILURE  TO  COMPLY WITH ANY PERMIT
REQUIREMENTS OR RESTRICTION PROVIDED THAT SUCH CIVIL PENALTIES SHALL NOT
BE MORE THAN ONE THOUSAND  DOLLARS,  AND  FOR  A  SECOND  OR  SUBSEQUENT
VIOLATION WITHIN TWO YEARS OF THE FIRST VIOLATION SHALL NOT BE MORE THAN
TWENTY-FIVE HUNDRED DOLLARS; AND
  (B)  SUSPENSION  OR  REVOCATION OF A PERMIT FOR FAILURE TO COMPLY WITH
ANY PERMIT REQUIREMENTS OR RESTRICTIONS.
  5. NO ORDINANCE SHALL BE ADOPTED PURSUANT  TO  THIS  SECTION  UNTIL  A
PUBLIC  HEARING  THEREON HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR
PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
  S 2. This act shall take effect immediately.

Co-Sponsors

A4578A (ACTIVE) - Bill Details

See Senate Version of this Bill:
S4313B
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1642-a, V & T L

A4578A (ACTIVE) - Bill Texts

view 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.

view full text
download pdf
                    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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