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
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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.