Provides that it shall be a defense to any prosecution for a violation of a bus lane restriction pursuant to a bus rapid transit program when an employee of the metropolitan transportation authority is performing authorized duties on behalf of such authority and is operating an authorized employer motor vehicle in the bus lane at the time of the violation and conducting lawful business or providing service to an official metropolitan transportation authority vehicle or personnel while in a bus lane.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8292
SPONSOR: Cunningham TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to an affirma-
tive defense for bus lane restrictions in New York city
PURPOSE OR GENERAL IDEA OF BILL:
This bill will ensure affirmative defense for metropolitan transporta-
tion employees operating in the scope of assigned duties who receive bus
lane traffic infractions
SUMMARY OF PROVISIONS:
Section 1 amends 1111-C of the vehicle and traffic law to provide metro-
politan transportation employees affirmative defense whilst operating an
authorized employer motor vehicle in a bus lane parking violation and
conducting lawful business in a bus lane.
Section 2 is an immediate effective date; provided, however, that the
amendments to section 1111-c of the vehicle and traffic law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
JUSTIFICATION:
Metropolitan transportation authority (MTA) employees have been receiv-
ing parking fines for conducting lawful business in New York city bus
lanes. Taking off work to address these fines has been onerous to
employees and the authority. This bill will provide employees an affir-
mative defense to address the fines without being present in court. As
such, employees who cannot state they were conducting business for the
agency in a bus lane would still be found liable for violating the
City's parking code (ie. grabbing coffee, etc etc.). This bill will
further ensure that MTA employees can do their job without the undue
burden of parking fines in the scope of their assigned duties.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
N/A
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 1111-c of the vehicle and traffic law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
8292
2025-2026 Regular Sessions
IN ASSEMBLY
May 9, 2025
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to an affirma-
tive defense for bus lane restrictions in New York city
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1111-c of the vehicle and traffic law is amended by
2 adding a new subdivision (o) to read as follows:
3 (o) It shall be a defense to any prosecution for a violation of a bus
4 lane restriction pursuant to a bus rapid transit program adopted pursu-
5 ant to this section when an employee of the metropolitan transportation
6 authority is performing authorized duties on behalf of such authority
7 and is operating an authorized employer motor vehicle in the bus lane at
8 the time of the violation and conducting lawful business or providing
9 service to an official metropolitan transportation authority vehicle or
10 personnel while in a bus lane.
11 § 2. This act shall take effect immediately; provided, however, that
12 the amendments to section 1111-c of the vehicle and traffic law made by
13 section one of this act shall not affect the repeal of such section and
14 shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11210-01-5
