The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2610
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle  and  traffic  law,  in  relation  to  owner
   liability for failure of operator to comply with bus operation-related
   local  law  or regulation traffic restrictions and to the adjudication
   of certain parking infractions; and to amend part II of chapter 59  of
   the  laws of 2010, amending the vehicle and traffic law and the public
   officers law relating to  establishing  a  bus  rapid  transit  demon-
   stration program to restrict the use of bus lanes by means of bus lane
   photo devices, in relation to the effectiveness thereof
 
   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 1111-c-1 to read as follows:
   § 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
 OPERATION-RELATED  TRAFFIC  REGULATIONS.  (A)  NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE
 CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO  IMPOSE  MONETARY
 LIABILITY  ON  THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
 TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS. THE DEPARTMENT
 OF TRANSPORTATION OF THE CITY OF NEW  YORK  AND/OR  AN  APPLICABLE  MASS
 TRANSIT  AGENCY,  SHALL  OPERATE PHOTO DEVICES THAT MAY BE STATIONARY OR
 MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT
 OF TRANSPORTATION AND/OR ON BUSES SELECTED BY THE APPLICABLE MASS TRANS-
 IT AGENCY.
   (B) ANY IMAGE OR IMAGES CAPTURED BY PHOTO DEVICES SHALL BE  INADMISSI-
 BLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRAN-
 SIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
 DEPARTMENT  INVOLVING  LICENSURE PRIVILEGES OF BUS OPERATORS. ANY MOBILE
 BUS PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM  SUCH
 BUS  TO  CAPTURE  IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS OPERA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01096-01-3

 A. 2610                             2
 
 TION-RELATED TRAFFIC REGULATIONS, AND IMAGES  PRODUCED  BY  SUCH  DEVICE
 SHALL  NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER
 REQUIRING SUCH IMAGES TO BE PRODUCED.
   (C)  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  A  PHOTO  DEVICE
 PURSUANT TO THIS SECTION. SUCH MEASURES SHALL INCLUDE:
   1.  UTILIZATION  OF  NECESSARY  TECHNOLOGIES  TO ENSURE, TO THE EXTENT
 PRACTICABLE, THAT IMAGES  PRODUCED  BY  SUCH  PHOTO  DEVICES  SHALL  NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
 OF  A  VEHICLE,  PROVIDED,  HOWEVER,  THAT NO NOTICE OF LIABILITY ISSUED
 PURSUANT TO THIS SECTION SHALL BE  DISMISSED  SOLELY  BECAUSE  AN  IMAGE
 ALLOWS  FOR  THE  IDENTIFICATION  OF THE DRIVER, THE PASSENGERS OR OTHER
 CONTENTS OF A VEHICLE;
   2. A PROHIBITION ON THE USE  OR  DISSEMINATION  OF  VEHICLES'  LICENSE
 PLATE  INFORMATION  AND  OTHER  INFORMATION AND IMAGES CAPTURED BY PHOTO
 DEVICES EXCEPT:
   (I) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION  OR  COLLECT
 PAYMENT OF PENALTIES;
   (II) AS REQUIRED BY COURT ORDER;
   (III)  AS  REQUIRED  PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE
 WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR
   (IV) AS OTHERWISE REQUIRED BY LAW.
   3. THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO  DRIVERS  AT
 REGULAR  INTERVALS  ALONG  AND ADJACENT TO BUS LANES STATING THAT MOBILE
 AND STATIONARY PHOTO DEVICES ARE USED TO ENFORCE  RESTRICTIONS  RELATING
 TO  BUS  OPERATION  TRAFFIC  RESTRICTIONS  INCLUDING STOPPING, STANDING,
 PARKING AND TURNING MOVEMENTS, IN CONFORMANCE WITH STANDARDS ESTABLISHED
 IN THE MUTCD; AND
   4.  OVERSIGHT  PROCEDURES  TO  ENSURE  COMPLIANCE  WITH  THE   PRIVACY
 PROTECTION MEASURES UNDER THIS SUBDIVISION.
   (D)  WARNING  NOTICES  OF  VIOLATION  SHALL BE ISSUED DURING THE FIRST
 SIXTY DAYS THAT PHOTO DEVICES PURSUANT TO THIS SECTION ARE ACTIVE AND IN
 OPERATION.
   (E) 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
 OPERATION-RELATED TRAFFIC REGULATIONS AND SUCH VIOLATION IS EVIDENCED BY
 INFORMATION OBTAINED FROM A 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 SUCH BUS OPERATION-RELATED TRAFFIC REGULATION.
   (F)  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.
   2.  "PHOTO  DEVICE"  SHALL  MEAN A MOBILE OR STATIONARY DEVICE THAT IS
 CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
 ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION  OF
 A BUS OPERATION-RELATED TRAFFIC REGULATION.
   3.   "BUS   OPERATION-RELATED  TRAFFIC  REGULATIONS"  SHALL  MEAN  THE
 RESTRICTIONS SET FORTH IN CHAPTER FOUR OF TITLE THIRTY-FOUR OF THE RULES
 OF THE CITY OF NEW YORK  AFFECTING  BUS  OPERATIONS  INCLUDING  BUT  NOT
 LIMITED  TO  THE FOLLOWING:   4-08(F)(4), GENERAL NO STANDING ZONES, BUS
 LANES; 4-08(C)(3), VIOLATION OF POSTED NO STANDING RULES PROHIBITED, BUS
 STOP; 4-08(F)(1), GENERAL NO STANDING ZONES, DOUBLE PARKING; 4-08(K)(2),
 A. 2610                             3
 
 SPECIAL RULES FOR COMMERCIAL VEHICLES, NO STANDING EXCEPT TRUCKS LOADING
 AND  UNLOADING;  4-07(B)(1),  OBSTRUCTION  OF  TRAFFIC,  TRAFFIC   LANE;
 4-08(E)(11),  GENERAL  NO  STOPPING  ZONES,  MAJOR ROADWAYS; 4-08(E)(4),
 GENERAL  NO  STOPPING ZONES, INTERSECTIONS; 4-08(E)(5), GENERAL NO STOP-
 PING  ZONES,  CROSSWALKS;  4-08(E)(12),  GENERAL  NO   STOPPING   ZONES,
 OBSTRUCTING  TRAFFIC  AT  INTERSECTION; AND 4-05, TURNS; AND 4-07(H)(2),
 DRIVING ON DIVIDED HIGHWAYS, U-TURNS.
   4. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGENCY,
 ASSOCIATION  OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
 ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE  OR
 OTHERWISE,  WHEREIN  THE  SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
 SAID VEHICLE FOR ANY PERIOD OF TIME.
   5. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGENCY,
 ASSOCIATION  OR  ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR
 THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE  USE  THEREOF  FOR
 ANY PERIOD OF TIME.
   6.  "MANUAL  ON  UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" MEANS THE
 MANUAL AND SPECIFICATIONS  FOR  A  UNIFORM  SYSTEM  OF  TRAFFIC  CONTROL
 DEVICES  MAINTAINED  BY  THE  COMMISSIONER OF TRANSPORTATION PURSUANT TO
 SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
   (G) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  CITY  OF  NEW  YORK  IN  WHICH THE CHARGED VIOLATION OCCURRED, OR A
 FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES PRODUCED BY A 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.
   (H) AN OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION SHALL BE LIABLE
 FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
 TIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF  THE  CITY  OF  NEW
 YORK;  PROVIDED,  HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS
 OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO THIS SECTION SHALL  NOT
 EXCEED  FIFTY  DOLLARS  FOR  A  FIRST OFFENSE, ONE HUNDRED DOLLARS FOR A
 SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD, ONE HUNDRED  FIFTY  DOLLARS
 FOR  A  THIRD  OFFENSE WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS
 FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY
 DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A  TWELVE-MONTH  PERIOD;  AND
 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 WITHIN THE PRESCRIBED TIME
 PERIOD.
   (I) 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.
   (J) 1. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE SENT BY
 FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER  FOR  A
 VIOLATION  UNDER  THIS SECTION. PERSONAL DELIVERY TO 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 IN SUCH RECORD OF MAILING.
   2. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION  SHALL  CONTAIN  THE
 NAME  AND  ADDRESS  OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
 A. 2610                             4
 
 VIOLATION, THE REGISTRATION NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
 VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE
 STREET ADDRESS OR CROSS STREETS, ONE  OR  MORE  IMAGES  IDENTIFYING  THE
 VIOLATION,  THE  DATE  AND  TIME  OF  SUCH VIOLATION, THE IDENTIFICATION
 NUMBER OF THE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR  OTHER  DOCU-
 MENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF
 THE  PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH
 PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
   3. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN INFOR-
 MATION 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 LIABILITY AND THAT A DEFAULT  JUDGMENT  MAY  BE  ENTERED
 THEREON.
   4.  A  NOTICE  OF LIABILITY PURSUANT TO THIS SECTION 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.
   (K)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
   (L) 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 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 UNDER 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 THE CITY OF NEW
 YORK.
   (M) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE  TO  WHICH  A  NOTICE  OF
 LIABILITY  WAS  ISSUED  PURSUANT TO THIS SECTION SHALL NOT BE LIABLE FOR
 THE VIOLATION OF A BUS OPERATION-RELATED  TRAFFIC  REGULATION,  PROVIDED
 THAT:
   (I)  PRIOR  TO  SUCH  VIOLATION, THE LESSOR HAS FILED WITH THE PARKING
 VIOLATIONS BUREAU OF THE  CITY  OF  NEW  YORK  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE PARKING
 VIOLATIONS BUREAU OF THE CITY OF NEW YORK 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 ADDI-
 TIONAL INFORMATION CONTAINED IN THE  RENTAL,  LEASE  OR  OTHER  CONTRACT
 DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGU-
 LATIONS  THAT  MAY  BE  PROMULGATED  FOR SUCH PURPOSE. FAILURE TO TIMELY
 SUBMIT SUCH INFORMATION SHALL RENDER THE LESSOR LIABLE FOR  THE  PENALTY
 PRESCRIBED IN THIS SECTION.
   2.  WHERE  THE LESSOR COMPLIES WITH THE PROVISIONS OF SUBPARAGRAPH (I)
 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 PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
 ITY PURSUANT TO SUBDIVISION (J) OF THIS SECTION.
 A. 2610                             5

   (N) IF THE OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION WAS NOT THE
 OPERATOR  OF  THE  VEHICLE AT THE TIME OF SUCH VIOLATION, SUCH OWNER MAY
 MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR OF THE VEHI-
 CLE AT THE TIME OF SUCH VIOLATION.
   (O)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A BUS OPERATION-RELATED
 TRAFFIC REGULATION.
   (P) THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY  SHALL
 SUBMIT  A  REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES PURSUANT TO
 THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY BY APRIL  FIRST,  WITHIN  TWELVE  MONTHS  OF
 OPERATION  OF  SUCH  PHOTO DEVICES AND EVERY TWO YEARS THEREAFTER.  SUCH
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE LOCATIONS AND/OR  BUSES  WHERE  PHOTO  DEVICES
 WERE USED UNDER THIS SECTION;
   2.  THE  TOTAL  NUMBER  OF VIOLATIONS UNDER THIS SECTION RECORDED ON A
 MONTHLY AND ANNUAL BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED UNDER THIS SECTION;
   4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE OF LIABILITY UNDER THIS SECTION;
   5. THE NUMBER OF VIOLATIONS UNDER THIS SECTION ADJUDICATED AND RESULTS
 OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6.  THE  TOTAL  AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND
 ANY PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION;
   7. THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SECTION AND  ITS
 RESULTS;
   8.  THE  TOTAL  NUMBER  OF  CAMERAS  BY TYPE OF CAMERA USED UNDER THIS
 SECTION; AND
   9. THE TOTAL COST TO THE CITY OF NEW YORK AND THE TOTAL  COST  TO  ANY
 PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION.
   (Q)  ANY  REVENUE  FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
 SECTION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE  CITY  OF
 NEW  YORK  TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS TO
 BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK  CITY
 TRANSPORTATION  ASSISTANCE  FUND  ESTABLISHED PURSUANT TO SECTION TWELVE
 HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
   § 2. The opening paragraph of section 14 of part II of chapter  59  of
 the  laws  of  2010, amending the vehicle and traffic law and the public
 officers law relating to establishing a bus rapid transit  demonstration
 program  to  restrict  the  use  of bus lanes by means of bus lane photo
 devices, as amended by section 2 of part D of chapter 39 of the laws  of
 2019, is amended to read as follows:
   This  act  shall  take effect on the ninetieth day after it shall have
 become a law [and shall expire 15 years after such effective  date  when
 upon such date the provisions of this act shall be deemed repealed]; and
 provided  that  any  rules  and regulations related to this act shall be
 promulgated on or before such effective date, provided that:
   § 3. Subdivision 1 of section 235 of the vehicle and traffic  law,  as
 separately added by chapters 421, 460 and 773 of the laws of 2021, para-
 graph  (h) as added by chapter 421 of the laws of 2021 and as relettered
 by chapter 258 of the laws of 2022, 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:  (a)  to  hear and determine complaints of traffic infractions
 constituting parking, standing or stopping violations, or (b) to adjudi-
 A. 2610                             6
 
 cate the liability of  owners  for  violations  of  subdivision  (d)  of
 section  eleven  hundred  eleven  of  this chapter imposed pursuant to a
 local law or ordinance imposing monetary liability on  the  owner  of  a
 vehicle  for  failure of an operator thereof to comply with traffic-con-
 trol indications through the installation and operation of  traffic-con-
 trol signal photo violation-monitoring systems, in accordance with arti-
 cle  twenty-four  of this chapter, or (c) to adjudicate the liability of
 owners for violations of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
 section  eleven  hundred  eighty  of  this chapter imposed pursuant to a
 demonstration program imposing monetary liability  on  the  owner  of  a
 vehicle  for  failure  of an operator thereof to comply with such posted
 maximum speed limits through the installation  and  operation  of  photo
 speed violation monitoring systems, in accordance with article thirty of
 this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
 violations of bus lane restrictions as defined by article twenty-four of
 this chapter imposed pursuant to a bus rapid  transit  program  imposing
 monetary  liability on the owner of a vehicle for failure of an operator
 thereof to comply with such bus lane restrictions through the  installa-
 tion and operation of bus lane photo devices, in accordance with article
 twenty-four  of  this  chapter,  or  (e)  to adjudicate the liability of
 owners for violations of toll collection regulations imposed by  certain
 public  authorities pursuant to the law authorizing such public authori-
 ties to impose monetary liability on the owner of a vehicle for  failure
 of  an  operator  thereof  to comply with toll collection regulations of
 such public  authorities  through  the  installation  and  operation  of
 photo-monitoring  systems,  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, or (f) to adjudicate
 the liability of owners for violations of section eleven hundred  seven-
 ty-four of this chapter when meeting a school bus marked and equipped as
 provided  in  subdivisions  twenty  and  twenty-one-c  of  section three
 hundred seventy-five of this chapter imposed pursuant to a local law  or
 ordinance  imposing  monetary  liability  on  the owner of a vehicle for
 failure of an operator thereof to comply  with  school  bus  red  visual
 signals  through  the  installation  and  operation  of school bus photo
 violation monitoring systems, in accordance with article twenty-nine  of
 this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
 violations of section three hundred eighty-five of this chapter and  the
 rules  of  the  department  of transportation of the city of New York in
 relation to gross vehicle weight and/or axle weight  violations  imposed
 pursuant  to  a  weigh in motion demonstration program imposing monetary
 liability on the owner of a vehicle for failure of an  operator  thereof
 to comply with such gross vehicle weight and/or axle weight restrictions
 through  the  installation  and  operation  of weigh in motion violation
 monitoring systems, in accordance with article ten of this  chapter,  or
 (h)  to adjudicate the liability of owners for violations of subdivision
 (b), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
 imposed  pursuant to a demonstration program imposing monetary liability
 on the owner of a vehicle for failure of an operator thereof  to  comply
 with  such  posted maximum speed limits within a highway construction or
 maintenance work area through the installation and  operation  of  photo
 speed violation monitoring systems, in accordance with article thirty of
 this chapter, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS FOR ANY OTHER
 VIOLATION  OF  A BUS OPERATION-RELATED TRAFFIC REGULATION, IN ACCORDANCE
 WITH  ARTICLE TWENTY-FOUR OF THIS CHAPTER, such tribunal and  the  rules
 A. 2610                             7
 
 and  regulations  pertaining thereto shall be constituted in substantial
 conformance with the following sections.
   § 4. This act shall take effect immediately; provided that section one
 of this act shall take effect one year after it shall have become a law.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.