NY State Senate Bill 2017-S8824

Archive: Last Bill Status - In Senate Committee Cities 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2018	referred to cities

co-Sponsors

2017-S8824 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: Public Authorities Law
Laws Affected:: Amd §1268, Pub Auth L; amd V & T L, generally; amd §87, Pub Off L

2017-S8824 (ACTIVE) - Summary

Establishes a temporary high-occupancy vehicle program for vehicles with three or more occupants on the Williamsburg bridge by means of mobile or stationary photo devices.

2017-S8824 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8824

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the public authorities law, the vehicle and traffic law
and the public officers law, in relation to establishing a temporary
high-occupancy vehicle program on the Williamsburg bridge by means of
mobile or stationary photo devices; and providing for the repeal of
certain provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide for temporary enforcement of high-occupancy vehicle lanes on
the Williamsburg Bridge to mitigate the impact of the planned closure of
MTA NYCTA's Canarsie Tunnel in 2019.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill would add a new subdivision 4 to Public Authori-
ties Law § 1268 to provide that the Metropolitan Transit Authority and

the Metropolitan Transportation Authority's New York City Transit
Authority ("MTA NYCTA") consult with and assist the City of New York in
implementing a temporary high-occupancy vehicle ("HOV") program on the
Williamsburg Bridge.

Sections 2 through 7 would amend the Vehicle and Traffic Law ("VTL") by
adding new subdivisions to VTL §§ 235, 236, 237, 239, 240 and 241 that
authorize the Parking Violations Bureau in the city of New York ("PVB")
to adjudicate violations of the HOV program established by this act,
reflected by the addition of new VTL § 1111-f in section 9 of the bill,
and establish the requisite procedural adjudicatory requirements govern-
ing this program.

Section 8 would amend VTL § 401 by adding a new paragraph a-1 to subdi-
vision 5-a, addressing the consequences for failing to appear at the PVB
or for failing to pay any fines resulting from violations of the tempo-
rary HOV program.

Section 9 would amend VTL § 1110 by adding a new subdivision (f), clari-
fying that every person must obey instructions of any official traffic-
control device placed to delineate HOV restrictions on the Williamsburg
Bridge pursuant to the temporary HOV program.

Section 10 would add a new VTL § 1111-f, establishing the temporary HOV
program and authorizing the use of HOV photo devices in the HOV areas of
the Williamsburg Bridge for the enforcement of the temporary HOV
program.

Section 11 would amend VTL § 1809-e, adding a new subdivision 4 to
exempt the temporary HOV program from the surcharges authorized in this
section.

Section 12 would add a new paragraph (p) to subdivision 2 of Public
Officers Law § 87 ("Freedom of Information" law) to provide that images
captured by the video cameras utilized in connection with the temporary
HOV program would be exempted from public disclosure.


Section 13 would require the NYC Department of Transportation ("NYCDOT")
to communicate with the public, prior to commencing the temporary HOV
program, regarding the upcoming closure of the Canarsie Tunnel and
installation of HOV areas on the Williamsburg Bridge. Such notification
would also include mailing notices to people who had driven over the
Williamsburg Bridge, with fewer than three occupants, for at least 40
days prior to the program's commencement.

Section 14 would establish that the law takes effect on April 1, 2019,
and would expire six months after the restoration of regular subway
passenger service in the Canarsie Tunnel, whereupon it would be
repealed. The additional six-month period after the restoration of regu-
lar subway service is provided to accommodate an orderly resolution of
any adjudications that had been commenced during the temporary HOV
program. However, the City would no longer be authorized to continue the
temporary HOV program, including the use of HOV photo devices, once
regular subway service in the Tunnel is restored.

 
JUSTIFICATION:

In October 2012, the Canarsie Tunnel was inundated with saltwater during
Superstorm Sandy, causing the corrosion of cabling, power infrastructure
and track equipment. While minor and emergency repairs were conducted at
the time, a complete overhaul is needed to bring the tunnel back to a
state of good repair.

Beginning in April 2019, the Canarsie Tunnel between Brooklyn and
Manhattan is planned for closure for an estimated 15 months, affecting
over 400,000 daily riders of the L subway train, including 225,000 who
take the train through the tunnel, which will undergo necessary post-
Sandy repairs. Another 50,000 riders right now use the L subway train
only in Manhattan.

New Yorkers will face major disruption, with an impact - including
increased ridership on alternative routes - that will be felt far beyond
the immediate corridors now served by the train. It will reach into
Central Brooklyn, up and down the East River waterfront and crosstown in
Manhattan.

Commuters will need to adjust their travel patterns. Seventy to eighty
percent of L train riders are expected to replace their trips in part by
using other subway lines, where service is being bolstered to accommo-
date the additional ridership. The MTA NYCTA and NYC DOT have also
jointly developed robust plans for L-Alternative bus routes (expected to
carry 15 percent of L subway train riders) and will also expand access
to ferries, bicycles, and for-hire vehicles.

The Canarsie Tunnel work will begin in April 2019. The NYCDOT and MTA
NYCTA are closely collaborating on surface and subway transportation
improvements to prepare for the tunnel closure.

The Williamsburg Bridge will serve as the major connection for L-Alter-
native buses. In order to move buses quickly and not add to congestion,
the City of New York will implement measures to provide reliable
service. These include bus lanes that connect from the Grand Street
Station in Bushwick, Brooklyn, and along the Brooklyn shuttle bus
routes, over the Williamsburg Bridge, to and from Delancey Street and
other key Manhattan connection points.
HOV lanes were successfully used after 9/11, the 2005 subway strike, and
Superstorm Sandy. HOV areas with three or more occupants, rather than
HOV areas with two or more occupants, are vital to both maintain viable
bus speeds across the East River and to prevent an outsized shift of
transit riders to for-hire vehicles that would lead to massive
congestion at crossings.

This legislation would allow for appropriate enforcement of these
restrictions. Automated enforcement has proven to be an effective deter-
rent for speeding and other traffic violations in New York City, and
this temporary HOV program would be designed to promote deterrence, with
a low fine not to exceed $35. The legislation would also provide the
authority for HOV restrictions on the Williamsburg Bridge to be manually
enforced as a parking violation, so that drivers do not receive points
for violations. This change, accompanied by an amendment to the New York
City Traffic Rules, would also facilitate more efficient enforcement
using a hand-held summons device. The legislation is specifically craft-
ed to help mitigate the Canarsie Tunnel closure, and would expire in
conjunction with the MTA's completion of this critical work.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that sections
one through twelve of this act shall take effect April 1, 2019

2017-S8824 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8824
 
                             I N  S E N A T E
 
                               May 23, 2018
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the public authorities law, the vehicle and traffic  law
   and  the  public officers law, in relation to establishing a temporary
   high-occupancy vehicle program on the Williamsburg bridge by means  of
   mobile  or  stationary  photo devices; and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1268 of the public authorities law is amended by
 adding a new subdivision 4 to read as follows:
   4. THE AUTHORITY AND THE NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS
 SUBSIDIARY CORPORATIONS SHALL CONSULT WITH AND ASSIST THE  CITY  OF  NEW
 YORK IN IMPLEMENTING A TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM ON
 THE  WILLIAMSBURG  BRIDGE PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-F OF
 THE VEHICLE AND TRAFFIC LAW.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 235-a to read as follows:
   §  235-A.  JURISDICTION;  WILLIAMSBURG BRIDGE TEMPORARY HIGH-OCCUPANCY
 VEHICLE PROGRAM. NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  ANY
 GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, IN
 ANY  CITY  OF A MILLION OR MORE WHICH HERETOFORE OR HEREAFTER IS AUTHOR-
 IZED TO ESTABLISH A PARKING VIOLATIONS  BUREAU  HAVING  JURISDICTION  TO
 HEAR  AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARK-
 ING, STANDING OR STOPPING VIOLATIONS  IN  ACCORDANCE  WITH  SECTION  TWO
 HUNDRED THIRTY-SIX OF THIS ARTICLE, SUCH TRIBUNAL SHALL BE AUTHORIZED TO
 ADJUDICATE  THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (F) OF
 SECTION ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F  OF  THIS
 CHAPTER  FOR  VIOLATIONS  OF  THE TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV)
 PROGRAM AS DEFINED IN SUCH SECTION ELEVEN  HUNDRED  ELEVEN-F,  AND  SUCH
 TRIBUNAL  AND  THE  RULES  AND  REGULATIONS  PERTAINING THERETO SHALL BE
 CONSTITUTED IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING SECTIONS.
   § 3. Section 236 of the vehicle and traffic law is amended by adding a
 new subdivision 1-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15978-02-8

 S. 8824                             2
 
   1-A. CREATION.  IN ANY CITY OF A MILLION OR MORE  AS  HEREINBEFORE  OR
 HEREAFTER  AUTHORIZED  SUCH  TRIBUNAL WHEN CREATED SHALL BE KNOWN AS THE
 PARKING VIOLATIONS BUREAU AND SHALL HAVE JURISDICTION OF TRAFFIC INFRAC-
 TIONS WHICH CONSTITUTE A PARKING VIOLATION AND SHALL ADJUDICATE  LIABIL-
 ITY  OF  OWNERS  IN  ACCORDANCE  WITH  SUBDIVISION (F) OF SECTION ELEVEN
 HUNDRED TEN AND SECTION ELEVEN HUNDRED  ELEVEN-F  OF  THIS  CHAPTER  FOR
 VIOLATIONS  OF  THE  TEMPORARY  HIGH-OCCUPANCY  VEHICLE (HOV) PROGRAM AS
 DEFINED IN SUCH SECTION ELEVEN HUNDRED ELEVEN-F.  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 TRAFFIC OF THE CITY OR AN
 OFFICIAL POSSESSING AUTHORITY AS SUCH A COMMISSIONER.
   § 4. Section 237 of the vehicle and traffic law is amended by adding a
 new subdivision 16 to read as follows:
   16. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVI-
 SION  (F)  OF  SECTION  ELEVEN  HUNDRED  TEN  AND SECTION ELEVEN HUNDRED
 ELEVEN-F OF THIS CHAPTER.
   § 5. Subdivision 1 of section 239 of the vehicle and  traffic  law  is
 amended by adding a new paragraph f-1 to read as follows:
   F-1.  "NOTICE  OF VIOLATION" MEANS A NOTICE OF VIOLATION AS DEFINED IN
 SUBDIVISION NINE OF SECTION TWO HUNDRED THIRTY-SEVEN OF THIS ARTICLE AND
 SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT  TO
 AUTHORIZATION SET FORTH IN SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN
 AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER.
   §  6.  Section 240 of the vehicle and traffic law is amended by adding
 three new subdivisions 1-b, 1-c and 2-a to read as follows:
   1-B. NOTICE OF HEARING. WHENEVER A PERSON  ALLEGED  TO  BE  LIABLE  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION (F) OF SECTION ELEVEN
 HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER ENTERS A
 PLEA OF NOT GUILTY OR CONTESTS SUCH  AN  ALLEGATION,  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 OR SHE 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-C.  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 SUBDIVISION (F) OF SECTION  ELEVEN  HUNDRED  TEN  AND
 SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER IS BEING CONTESTED, BY A
 PERSON  IN  A  TIMELY  FASHION  AND  A  HEARING  ON  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 HEAR-
 ING.
   2-A. CONDUCT OF HEARINGS. A. EVERY HEARING FOR AN ADJUDICATION  OF  AN
 ALLEGATION  OF  LIABILITY  IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION
 ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF  THIS  CHAPTER
 SHALL  BE  HELD  BEFORE  A HEARING EXAMINER IN ACCORDANCE WITH RULES AND
 REGULATIONS PROMULGATED BY THE BUREAU.
   B. NO CHARGE MAY BE  ESTABLISHED  EXCEPT  UPON  PROOF  BY  SUBSTANTIAL
 EVIDENCE.

 S. 8824                             3
 
   C. THE HEARING EXAMINER SHALL NOT BE BOUND BY THE RULES OF EVIDENCE IN
 THE CONDUCT OF THE HEARING, EXCEPT RULES RELATING TO PRIVILEGED COMMUNI-
 CATIONS.
   D.  THE HEARING EXAMINER SHALL AT THE REQUEST OF THE PERSON CHARGED ON
 A SHOWING OF GOOD CAUSE  AND  NEED  THEREFOR,  OR  IN  HIS  OR  HER  OWN
 DISCRETION,  ISSUE  A  SUBPOENA TO COMPEL THE APPEARANCE AT A HEARING OF
 THE OFFICER WHO SERVED THE NOTICE OF VIOLATION OR OF  OTHER  PERSONS  TO
 GIVE  TESTIMONY,  AND  MAY  ISSUE  A  SUBPOENA DUCES TECUM TO COMPEL THE
 PRODUCTION FOR EXAMINATION OR INTRODUCTION INTO EVIDENCE, OF  ANY  BOOK,
 PAPER OR OTHER THING RELEVANT TO THE CHARGES.
   E.  IN  THE  CASE OF A REFUSAL TO OBEY A SUBPOENA, THE BUREAU MAY MAKE
 APPLICATION TO  THE  SUPREME  COURT  PURSUANT  TO  SECTION  TWENTY-THREE
 HUNDRED  EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FOR AN ORDER REQUIR-
 ING SUCH APPEARANCE, TESTIMONY OR PRODUCTION OF EVIDENCE.
   F. THE HEARING EXAMINER SHALL NOT EXAMINE THE PRIOR  VIOLATION  RECORD
 OF A PERSON CHARGED BEFORE MAKING A DETERMINATION.
   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 SUBDIVISION (F) OF SECTION
 ELEVEN  HUNDRED  TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER
 IS CONTESTED. RECORDING DEVICES MAY  BE  USED  FOR  THE  MAKING  OF  THE
 RECORD.
   §  7.  Section 241 of the vehicle and traffic law is amended by adding
 two new subdivisions 1-a and 2-a to read as follows:
   1-A. 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 OR SHE MAY EXAMINE  EITHER
 THE  PRIOR  PARKING  VIOLATIONS  RECORD  OR  THE  RECORD  OF LIABILITIES
 INCURRED IN ACCORDANCE WITH ENFORCEMENT OF SUBDIVISION  (F)  OF  SECTION
 ELEVEN  HUNDRED  TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER
 OF THE PERSON CHARGED 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-A. WHERE AN OPERATOR OR OWNER FAILS TO ENTER A PLEA TO OR CONTEST AN
 ALLEGATION  OF  LIABILITY  IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION
 ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F 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 REGULATION
 OF  THE BUREAU, SUCH FAILURE TO PLEAD, 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 SUBDIVISION (F) OF SECTION ELEV-
 EN HUNDRED TEN AND SECTION  ELEVEN  HUNDRED  ELEVEN-F  OF  THIS  CHAPTER
 ALLEGED,  (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-F  OF THIS CHAPTER OR MAKING AN APPEARANCE WITHIN THIRTY

 S. 8824                             4
 
 DAYS OF THE SENDING OF SUCH NOTICE. PLEAS  ENTERED  WITHIN  THAT  PERIOD
 SHALL BE IN THE MANNER PRESCRIBED IN THE NOTICE AND NOT SUBJECT TO ADDI-
 TIONAL  PENALTY  OR FEE. SUCH NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL
 NOT  BE REQUIRED PRIOR TO THE RENDERING AND ENTRY THEREOF IN THE CASE OF
 OPERATORS 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. 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, SUSTAINING THEM, HE OR SHE
 SHALL IMPOSE NO GREATER PENALTY OR FINE THAN THOSE UPON WHICH THE PERSON
 WAS ORIGINALLY CHARGED.
   § 8. Subdivision 5-a of section 401 of the vehicle and traffic law  is
 amended by adding a new paragraph a-1 to read as follows:
   A-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER-
 EOF  THERE IS A CERTIFICATION FROM A COURT OR ADMINISTRATIVE TRIBUNAL OF
 APPROPRIATE JURISDICTION THAT THE REGISTRANT OR  HIS  OR  HER  REPRESEN-
 TATIVE  FAILED  TO APPEAR ON THE RETURN DATE OR ANY SUBSEQUENT ADJOURNED
 DATE OR FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF  AN  ADMINIS-
 TRATIVE  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 THAT THE REGISTRANT WAS
 LIABLE  IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN
 AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A  VIOLATION  OF
 THE  TEMPORARY  HIGH-OCCUPANCY  VEHICLE (HOV) PROGRAM AS DEFINED IN SUCH
 SECTION ELEVEN HUNDRED ELEVEN-F, THE COMMISSIONER OR HIS  OR  HER  AGENT
 SHALL  DENY  THE REGISTRATION OR RENEWAL APPLICATION UNTIL THE APPLICANT
 PROVIDES PROOF FROM THE COURT OR  ADMINISTRATIVE  TRIBUNAL  WHEREIN  THE
 CHARGES ARE PENDING THAT AN APPEARANCE OR ANSWER HAS BEEN MADE OR IN THE
 CASE  OF AN ADMINISTRATIVE TRIBUNAL THAT HE OR SHE HAS COMPLIED WITH THE
 RULES AND REGULATIONS OF SAID TRIBUNAL FOLLOWING ENTRY OF A FINAL  DECI-
 SION.  WHERE  AN  APPLICATION  IS  DENIED  PURSUANT TO THIS SECTION, THE
 COMMISSIONER MAY, IN HIS OR  HER  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 COMMISSIONER HAS
 DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE  PURPOSES
 OF THIS SUBDIVISION AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO
 BELIEVE THAT SUCH REGISTRATION OR RENEWAL WILL HAVE THE EFFECT 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.
   § 9. Section 1110 of the vehicle and traffic law is amended by  adding
 a new subdivision (f) to read as follows:
   (F)  EVERY PERSON SHALL OBEY THE INSTRUCTIONS OF ANY OFFICIAL TRAFFIC-
 CONTROL  DEVICE  PLACED  TO  DELINEATE   HIGH-OCCUPANCY   VEHICLE   LANE
 RESTRICTIONS  PURSUANT  TO SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
 TER, UNLESS OTHERWISE DIRECTED BY A TRAFFIC OR POLICE  OFFICER,  SUBJECT
 TO  THE EXCEPTIONS GRANTED THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE
 IN THIS TITLE.
   § 10. The vehicle and traffic law is amended by adding a  new  section
 1111-f to read as follows:
   §  1111-F.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
 TEMPORARY HIGH-OCCUPANCY VEHICLE PROGRAM RESTRICTIONS.  (A) 1.  NOTWITH-

 S. 8824                             5
 
 STANDING  ANY  OTHER PROVISION OF LAW, THE CITY OF NEW YORK IN CONSULTA-
 TION WITH THE METROPOLITAN TRANSPORTATION AUTHORITY IS HEREBY AUTHORIZED
 AND EMPOWERED TO ESTABLISH  A  TEMPORARY  HIGH-OCCUPANCY  VEHICLE  (HOV)
 PROGRAM  ON  THE  WILLIAMSBURG BRIDGE. SUCH PROGRAM WILL IMPOSE MONETARY
 LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN  OPERATOR  THEREOF
 TO  COMPLY  WITH  HOV  RESTRICTIONS  IN SUCH CITY IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT OF  TRANSPORTA-
 TION,  FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE
 HOV PHOTO DEVICES ONLY WITHIN DESIGNATED HOV AREAS ON  THE  WILLIAMSBURG
 BRIDGE  IN  SUCH  CITY.   SUCH HOV PHOTO DEVICES SHALL BE STATIONARY AND
 SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT.
   2. ANY IMAGE PRODUCED BY AN HOV PHOTO DEVICE SHALL NOT BE USED FOR ANY
 PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION  IN  THE  ABSENCE  OF  A
 COURT ORDER REQUIRING SUCH IMAGE TO BE PRODUCED.
   3.  THE  CITY  OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
 THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
 TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY AN HOV PHOTO DEVICE,
 PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT  TO  THIS
 SECTION  SHALL  BE  DISMISSED SOLELY BECAUSE AN IMAGE PRODUCED BY AN HOV
 PHOTO DEVICE ALLOWS FOR THE IDENTIFICATION OF THE  DRIVER,  THE  PASSEN-
 GERS,  OR  THE  CONTENTS  OF  A  VEHICLE. SUCH PROTECTIVE MEASURES SHALL
 INCLUDE:
   (I) A PROHIBITION ON THE USE OR  DISSEMINATION  OF  VEHICLES'  LICENSE
 PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY HOV PHOTO
 DEVICES  EXCEPT:  (A)  AS  REQUIRED  TO  ESTABLISH  LIABILITY UNDER THIS
 SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER;
 (C) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN  ACCORDANCE  WITH
 THE  CRIMINAL  PROCEDURE LAW OR A SUBPOENA; OR (D) AS OTHERWISE REQUIRED
 BY LAW;
   (II) THE INSTALLATION OF SIGNAGE IN ADVANCE OF ENTRY POINTS TO  DESIG-
 NATED  HOV  AREAS STATING THAT HOV PHOTO DEVICES ARE USED TO ENFORCE HOV
 RESTRICTIONS; AND
   (III) OVERSIGHT PROCEDURES TO ENSURE  COMPLIANCE  WITH  THE  AFOREMEN-
 TIONED PRIVACY PROTECTION MEASURES.
   4. WITHIN THE CITY OF NEW YORK, SUCH HOV PHOTO DEVICES USED IN ACCORD-
 ANCE WITH THE TEMPORARY HOV PROGRAM SHALL ONLY BE OPERATED WITHIN DESIG-
 NATED  HOV  AREAS ON THE WILLIAMSBURG BRIDGE DURING PERIODS TO BE DETER-
 MINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION IN  CONSULTATION
 WITH  THE  METROPOLITAN  TRANSPORTATION AUTHORITY IN ORDER TO FACILITATE
 TRAFFIC MANAGEMENT. DETERMINATION OF SUCH PERIODS SHALL BE MADE BASED ON
 FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL TRAFFIC ANALYSES
 CONDUCTED BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC, AND  GUIDANCE  FROM
 APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION STRATEGIES.
   (B)  IF  THE  CITY OF NEW YORK HAS ESTABLISHED A TEMPORARY HOV 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 HOV RESTRICTIONS THAT APPLY, AND SUCH
 VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A HOV PHOTO  DEVICE;
 PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
 TY  IMPOSED  PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE
 HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY HOV RESTRICTIONS.
   (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER.

 S. 8824                             6
 
   2. "HIGH-OCCUPANCY VEHICLE" OR "HOV" SHALL MEAN VEHICLES WITH THREE OR
 MORE OCCUPANTS.
   3. "HOV 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 HOV RESTRICTIONS.
   4. "HOV RESTRICTIONS" SHALL MEAN RESTRICTIONS,  WITHIN  THE  TEMPORARY
 HOV  PROGRAM, ON THE USE OF DESIGNATED AREAS OF THE WILLIAMSBURG BRIDGE,
 DURING TIME PERIODS TO BE DEFINED BY THE NEW  YORK  CITY  DEPARTMENT  OF
 TRANSPORTATION,  BY  A  VEHICLE  OTHER  THAN: (I) AN HOV; (II) A VEHICLE
 REGISTERED AS A COMMERCIAL VEHICLE PURSUANT TO PART ONE HUNDRED  SIX  OF
 TITLE  FIFTEEN  OF  THE  NEW YORK CODES, RULES AND REGULATIONS; (III) AN
 AUTHORIZED EMERGENCY VEHICLE; (IV) AN ACCESS-A-RIDE VEHICLE  AS  DEFINED
 IN  CHAPTER  FIVE  OF  TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW
 YORK; OR (V) A BUS.
   5. "TEMPORARY HOV PROGRAM" SHALL MEAN A TEMPORARY PROGRAM  THAT  OPER-
 ATES  EXCLUSIVELY WITHIN DESIGNATED HOV AREAS ON THE WILLIAMSBURG BRIDGE
 DURING PERIODS OF HIGH-TRAFFIC VOLUME TO BE DETERMINED BY THE  NEW  YORK
 CITY  DEPARTMENT  OF TRANSPORTATION. DETERMINATION OF SUCH PERIODS SHALL
 BE MADE BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL
 TRAFFIC ANALYSES CONDUCTED BY SUCH DEPARTMENT, INPUT  FROM  THE  PUBLIC,
 AND  GUIDANCE  FROM APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION
 STRATEGIES.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  CITY  OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
 PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED   IMAGES
 PRODUCED  BY  AN  HOV PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE
 FACTS CONTAINED THEREIN. SUBJECT TO PARAGRAPH THREE OF  SUBDIVISION  (G)
 OF  THIS  SECTION, 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 AN HOV RESTRICTION  IMPOSED  ON
 THE  WILLIAMSBURG  BRIDGE  IN  ACCORDANCE WITH THE TEMPORARY HOV PROGRAM
 SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE  OF
 FINES  AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE
 CITY OF NEW YORK; PROVIDED,  HOWEVER,  THAT  THE  MONETARY  PENALTY  FOR
 VIOLATING  AN  HOV  RESTRICTION  SHALL  NOT  EXCEED THIRTY-FIVE DOLLARS;
 PROVIDED, FURTHER, THAN 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 WITHIN THE  PRESCRIBED  TIME
 PERIOD.    ALL  MONETARY PENALTIES IMPOSED BY THIS SECTION SHALL, WITHIN
 THE FIRST TEN DAYS OF THE MONTH NEXT SUCCEEDING THE COLLECTION  OF  SUCH
 PENALTIES,  BE PAID BY THE COLLECTING AUTHORITY TO THE STATE COMPTROLLER
 TO BE DEPOSITED IN THE OUTER BOROUGH TRANSPORTATION ACCOUNT OF  THE  NEW
 YORK  CITY  TRANSPORTATION ASSISTANCE FUND ESTABLISHED BY PARAGRAPH (II)
 OF SUBDIVISION 1 OF SECTION  TWELVE  HUNDRED  SEVENTY-I  OF  THE  PUBLIC
 AUTHORITIES LAW.
   (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 THE TEMPORARY
 HOV  PROGRAM.  PERSONAL  DELIVERY  TO THE OWNER SHALL NOT BE REQUIRED. A

 S. 8824                             7
 
 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 THE TEMPORARY
 HOV PROGRAM, THE REGISTRATION NUMBER OF THE  VEHICLE  INVOLVED  IN  SUCH
 VIOLATION,  THE  LOCATION  WHERE  SUCH VIOLATION TOOK PLACE, ONE OR MORE
 IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME  OF  SUCH  VIOLATION
 AND THE IDENTIFICATION NUMBER OF THE HOV 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 PERSON 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  THE  CITY OF NEW YORK, OR ANY OTHER ENTITY
 AUTHORIZED BY SUCH  CITY  TO  PREPARE  AND  MAIL  SUCH  NOTIFICATION  OF
 VIOLATION.
   5.  ADJUDICATION  OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
   (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 THE
 TEMPORARY HOV PROGRAM THAT THE VEHICLE HAD BEEN REPORTED TO  THE  POLICE
 AS  STOLEN  PRIOR  TO  THE  TIME THE VIOLATION OCCURRED AND HAD NOT BEEN
 RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE  DEFENSE  PROVIDED
 BY  THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE
 POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL  TO  THE
 PARKING VIOLATIONS BUREAU OF SUCH CITY.
   (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 THE TEMPORARY HOV PROGRAM, PROVIDED
 THAT:
   (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  SUCH  PARKING
 VIOLATIONS  BUREAU  IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH F-ONE
 OF SUBDIVISION ONE 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 LESSOR 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.

 S. 8824                             8
 
   (J) IF THE OWNER LIABLE FOR A VIOLATION OF THE TEMPORARY  HOV  PROGRAM
 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 HOV RESTRICTIONS.
   (L) ON AND AFTER THE DATE OF RESTORATION OF REGULAR  SUBWAY  PASSENGER
 SERVICE  IN  THE  CANARSIE  TUNNEL,  THE  CITY  OF NEW YORK SHALL NOT BE
 AUTHORIZED OR EMPOWERED TO ESTABLISH OR CONTINUE A TEMPORARY HOV PROGRAM
 ON THE WILLIAMSBURG BRIDGE PURSUANT TO PARAGRAPH ONE OF SUBDIVISION  (A)
 OF  THIS SECTION; PROVIDED THAT ANY VIOLATIONS ISSUED PRIOR TO SUCH DATE
 MAY BE ADJUDICATED AFTER SUCH DATE. ON AND AFTER THE DATE OF RESTORATION
 OF REGULAR SUBWAY PASSENGER SERVICE IN THE CANARSIE TUNNEL, THE NEW YORK
 CITY DEPARTMENT OF TRANSPORTATION SHALL NOT BE AUTHORIZED TO OPERATE HOV
 PHOTO DEVICES PURSUANT TO PARAGRAPH  ONE  OF  SUBDIVISION  (A)  OF  THIS
 SECTION;  PROVIDED  THAT ANY VIOLATIONS ISSUED PRIOR TO SUCH DATE MAY BE
 ADJUDICATED AFTER SUCH DATE.
   § 11. Section 1809-e of the vehicle traffic law is amended by adding a
 new subdivision 4 to read as follows:
   4. THE PROVISIONS OF THIS SECTION  AUTHORIZING  THE  IMPOSITION  OF  A
 SURCHARGE  SHALL NOT APPLY TO ADJUDICATIONS CONDUCTED IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER.
   § 12. Subdivision 2 of section  87  of  the  public  officers  law  is
 amended by adding a new paragraph (p) to read as follows:
   (P)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  ELEVEN-F  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  13. The New York city department of transportation shall: (i) prior
 to implementing a  temporary high-occupancy vehicle (HOV) program on the
 Williamsburg bridge as authorized by section 1111-f of the  vehicle  and
 traffic  law,  as  added by section ten of this act, and in consultation
 with the  metropolitan  transportation  authority,  in  accordance  with
 subdivision 4 of section 1268 of the public authorities law, as added by
 section  one  of  this  act,  communicate  to  the public, including the
 affected communities in New York and Kings counties, the  plan  for  HOV
 restrictions  so as to maximize awareness of such temporary HOV program;
 (ii) for at least 40 days  prior  to  implementing  such  temporary  HOV
 program, send by first class mail notice of such upcoming implementation
 to  the owner of any vehicle that is not a bus, a commercial vehicle, an
 authorized emergency vehicle, or an access-a-ride vehicle, identified as
 having been driven on the Williamsburg  bridge  with  fewer  than  three
 occupants during time periods defined by the New York city department of
 transportation  in  accordance  with the provisions of section 1111-f of
 the vehicle and traffic law, as added by section ten of  this  act;  and
 (iii)  take  such  measures as are necessary to implement such temporary
 HOV program prior to  its  implementation,  including  promulgating  any
 rules  and  regulations  necessary  for  the implementation of this act.
 Failure to comply with the provisions of this section shall  not  affect
 the  validity  or implementation of the temporary HOV program authorized
 by section 1111-f of the vehicle and traffic law, as  added  by  section
 ten of this act.
   §  14.  (a) This act shall take effect immediately; provided, however,
 that sections one through twelve of this act shall take effect April  1,
 2019,  and shall expire six months after the metropolitan transportation
 authority restores regular subway  passenger  service  in  the  Canarsie
 tunnel,  or April 1, 2021, whichever is earlier, when upon such date the
 provisions of this act shall be deemed repealed; provided that  the  New

 S. 8824                             9
 
 York city department of transportation shall notify the legislative bill
 drafting  commission  upon  the  occurrence of such restoration in order
 that the commission may maintain an accurate and timely effective  data-
 base of the official text of the laws of the state of New York in furth-
 erance  of  effectuating the provisions of section 44 of the legislative
 law and section 70-b of the public officers law.
   (b) On and after the date the  metropolitan  transportation  authority
 restores  regular  subway  passenger  service in the Canarsie tunnel, or
 April 1, 2021, whichever is earlier, the city of New York shall  not  be
 authorized or empowered to establish or continue a temporary HOV program
 on the Williamsburg bridge pursuant to paragraph 1 of subdivision (a) of
 section  1111-f  of the vehicle and traffic law, as added by section ten
 of this act. On and after the date  of  restoration  of  regular  subway
 passenger service in the Canarsie tunnel, or April 1, 2021, whichever is
 earlier,  the  New  York  city department of transportation shall not be
 authorized to operate HOV photo  devices  pursuant  to  paragraph  1  of
 subdivision  (a)  of  section  1111-f of the vehicle and traffic law, as
 added by section ten of this act.
   (c) Notwithstanding the expiration and repeal of certain provisions of
 this act, any violations issued prior to  the  date  of  restoration  of
 regular  subway  passenger service in the Canarsie tunnel may be adjudi-
 cated after such date.

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Senate Bill S8824

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Archive: Last Bill Status - In Senate Committee Cities Committee

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Cities Committee

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co-Sponsors

Brian Kavanagh

2017-S8824 (ACTIVE) - Details

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2017-S8824 (ACTIVE) - Sponsor Memo

2017-S8824 (ACTIVE) - Bill Text download pdf

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