Senate Bill S1932

                                BILL NUMBER:S1932

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to driving in
preferential use lanes

PURPOSE OF THE BILL:

Promotes carpooling and the use of preferential use (high occupancy
vehicle) lanes by establishing and defining traffic infractions for
improper use and improper entry into such lanes and establishing
reasonable penalties to deter such conduct.

EXISTING LAW:

There are no existing provisions in law defining the phrase
"preferential use lanes" and establishing traffic infractions for
unsafe use or improper entry into such lanes. Municipalities which
have established preferential use lanes are currently relying upon
existing traffic infractions which were never designed to address the
proper use of preferential lanes and, thus, do not establish
appropriate penalties for improper conduct in connection therewith.

JUSTIFICATION:
              

Carpooling has become a well-accepted method of reducing energy
consumption and air pollution, saving wear and tear on highways and
reducing traffic congestion in urban areas. Preferential use lanes
have become a reliable method of promoting carpooling and
facilitating the rapid and orderly movement of traffic to and from
urban areas during peak traffic periods. To allow preferential use
lanes to operate effectively, this bill establishes two new traffic
infractions designed to prohibit conduct which could detract from
proper use or present hazards for other motorists. New section 1132
prohibits motorists from operating a vehicle in a preferential use
lane unless the vehicle is being operated in compliance with the
terms established for the use of such lanes. For example, a motorist
may not drive solo in a preferential use lane authorized only for use
by vehicles carrying two or more occupants. This bill authorizes
municipalities to fine motorists engaged in such improper conduct up
to $75 for each such violation. Because such violations do not
involve highway safety, the bill prohibits the Commissioner from
prescribing points on an individuals driver's license for such a
violation. The purpose of points under the Vehicle and Traffic
Law is to deter safety violations. Occupancy violations like those
prescribed by new V & T Section 1132 are not safety violations and do
not represent conduct which threatens other motorists. Points,
therefore, are not an appropriate penalty. Indeed, points for conduct
of this nature would be

overly punitive since accumulated points can cause a motorist to have
his or her license suspended and/or increase the premium costs
motorists must pay for automobile insurance. A monetary penalty of up
to $65 is a sufficient penalty to deter motorists from violating the
use restrictions of such lanes.

New subdivision in 1128 prohibits motorists from entering preferential
use lanes at a point not authorized for such entry. Such conduct is
especially hazardous and is clearly a safety violation. In order to
deter such unsafe driving conduct, this bill authorizes
municipalities to fine violators not less than $100 nor more than
$200 for a first offense, and not less than $200 nor more than $300,
for a second or subsequent violation committed within eighteen months
of a previous violation of this section. At the Commissioner's
discretion, points could be imposed for such a violation.

Finally, the bill provides a remedy for the arbitrary and inequitable
manner in which the Department of Motor Vehicles currently addresses
the issue of points for such violations. The Department of Motor
Vehicles has ruled that motorists violating the High Occupancy
Vehicle lanes on the Long Island Expressway will not be assessed
points, while those violating the same restrictions on the Queensboro
Bridge and other locations will be assessed such penalty. Thus,
Significantly different penalties for the same offense are being
assessed. High Occupancy Vehicle lanes are likely to proliferate in
the future, a fair and uniform approach is needed.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

State and localities may realize additional revenues.

EFFECTIVE DATE:

120 days after it shall become law.