Relates to jurisdiction over violations occurring on metropolitan transportation authority omnibuses by the transit adjudication bureau of the New York city transit authority.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7683A
SPONSOR: Rozic (MS) TITLE OF BILL:
An act to amend the public authorities law, in relation to jurisdiction
over violations occurring on metropolitan transportation authority omni-
buses by the transit adjudication bureau of the New York city transit
authority
PURPOSE OF BILL:
This proposal authorizes the Metropolitan Transportation Authority's
(MTA) Transit Adjudication Board (TAB) to have jurisdiction over
violations occurring on MTA Bus vehicles. This proposal will improve
NYCT's ability to collect fines.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends PAL § 1209-a(3) to authorize TAB to have
jurisdiction over violations occurring on MTA Bus vehicles.
Section 2 of the bill amends PAL § 1209-a(4)(b) and (i) to conform to
section 1 of the bill authorizing TAB to have jurisdiction over
violations occurring on MTA Bus vehicles.
Section 3 of the bill amends PAL § 1266(4) to conform to section 1 of
the bill authorizing TAB to have jurisdiction over violations occurring
on MTA Bus vehicles.
Section 4 of the bill provides for an immediate effective date.
EXISTING LAW:
Currently infractions of the NYCT Rules of Conduct, when occurring on
MTA Bus vehicles, are not adjudicated by TAB, but rather are adjudicated
in the criminal courts.
LEGISLATIVE HISTORY:
New Bill
STATEMENT IN SUPPORT:
The MTA Bus Company was created in September 2004 to assume the oper-
ations of seven bus companies that operated under franchises granted by
the New York City Department of Transportation. It operates 46 local
routes in the Bronx, Brooklyn, and Queens, and 35 express bus routes
between Manhattan and the Bronx, Brooklyn, or Queens. It has a fleet of
more than 1,200 buses, and its ridership accounts for 15 percent of all
public bus transportation in the City.
Under Current law, virtually all minor criminal offenses, such as fare
beating, smoking, obstruction of seating, committed aboard MTA Bus vehi-
cles are punishable only in the Criminal Courts, where many-if not most-
offenders fail to appear. This law will permit law enforcement officials
to write transit summonses returnable at the Transit Adjudication Bureau
(TAB), which currently handles offenses occurring on NYCT Buses and in
the NYCT subway system. Like the Criminal Courts, TAB provides respond-
ents due process. For those pleading innocent, a hearing can be held in
a specialized tribunal before a hearing officer. Unlike the Criminal
Courts, TAB can accept mail payments of fines, and if an offender fails
to appear, a default can be issued. Past experience has shown that the
transfer of transit infractions from the criminal to civil arena signif-
icantly increased both the response rate and fines assessed and
collected, which should deter infractions.
Because TAB summonses may also be issued by NYCT Special Investigators,
the legislation would enable MTA to employ the Special Investigators on
MTA Bus vehicles to combat fare evasion, which has cost MTA Bus millions
in lost revenue.
Once fully implemented in 2016, the overall MTA Budget Reduction Initi-
ative to Reduce Fair Evasion is hoped to result in increased farebox
revenues by up to $25 million, of which enhanced MTA Bus fare enforce-
ment is a significant component.
The proposal is also expected to increase safety on MTA Bus vehicles,
cutting down on assaults, larcenies, as well as fare evasions.
In addition, NYCT began a select bus service (bus rapid transit) pilot
program in the early summer of 2008. There are two distinctive features
of bus rapid transit, both designed to reduce the time needed for
passengers to board. Customers will pre-pay and obtain a proof of
payment receipt which the will be required to maintain in their
possession for the duration of the trip. And, they will be able to board
the bus through both the front and rear doors. These features create new
challenges in preventing fare evasion. As select bus service is expanded
to MTA bus routes, the ability to have TAB provide much more effective
enforcement of fare evasion violations would be a valuable deterrent and
adjunct to any enforcement effort.
BUDGET IMPLICATIONS:
Authorizing TAB jurisdiction over violations occurring on MTA Bus vehi-
cles will likely result in additional TAB revenues that will be partial-
ly offset by increased administrative costs of handling additional
violations.
STATE OF NEW YORK
________________________________________________________________________
7683--A
2015-2016 Regular Sessions
IN ASSEMBLY
May 22, 2015
___________
Introduced by M. of A. ROZIC, BRENNAN -- read once and referred to the
Committee on Corporations, Authorities and Commissions -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public authorities law, in relation to jurisdiction
over violations occurring on metropolitan transportation authority
omnibuses by the transit adjudication bureau of the New York city
transit authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 1209-a of the public authorities
2 law, as amended by chapter 379 of the laws of 1992, is amended to read
3 as follows:
4 3. Jurisdiction. The bureau shall have, with respect to acts or inci-
5 dents in or on the transit facilities of the authority committed by or
6 involving persons who are sixteen years of age or over, or with respect
7 to acts or incidents occurring on omnibuses owned or operated by the
8 metropolitan transportation authority or a subsidiary thereof, and with
9 respect to violation of toll collection regulations of the triborough
10 bridge and tunnel authority as described in section [two thousand nine]
11 twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic-
12 tion over violations of: (a) the rules which may from time to time be
13 established by the authority under subdivision five-a of section twelve
14 hundred four of this chapter; (b) article one hundred thirty-nine of the
15 health code of the city of New York, as it may be amended from time to
16 time, relating to public transportation facilities; [and] (c) article
17 four of the noise control code of the city of New York, as it may be
18 amended from time to time, insofar as it pertains to sound reproduction
19 devices; [and] (d) the rules and regulations which may from time to time
20 be established by the triborough bridge and tunnel authority in accord-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11155-02-5
A. 7683--A 2
1 ance with the provisions of section [two thousand nine] twenty-nine
2 hundred eighty-five of this chapter; and (e) rules and regulations which
3 may from time to time be established by the metropolitan transportation
4 authority or a subsidiary thereof in accordance with the provisions of
5 section twelve hundred sixty-six of this chapter. Matters within the
6 jurisdiction of the bureau except violations of the rules and regu-
7 lations of the triborough bridge and tunnel authority shall be known for
8 purposes of this section as transit infractions. Nothing herein shall be
9 construed to divest jurisdiction from any court now having jurisdiction
10 over any criminal charge or traffic infraction relating to any act
11 committed in a transit or toll facility, or to impair the ability of a
12 police officer to conduct a lawful search of a person in a transit
13 facility. The criminal court of the city of New York shall continue to
14 have jurisdiction over any criminal charge or traffic infraction brought
15 for violation of the rules of the authority [or], the triborough bridge
16 and tunnel authority or the metropolitan transportation authority or a
17 subsidiary thereof, as well as jurisdiction relating to any act which
18 may constitute a crime or an offense under any law of the state of New
19 York or any municipality or political subdivision thereof and which may
20 also constitute a violation of such rules. The bureau shall have concur-
21 rent jurisdiction with the environmental control board and the adminis-
22 trative tribunal of the department of health over the aforesaid
23 provisions of the health code and noise control code of the city of New
24 York.
25 § 2. Paragraphs b and i of subdivision 4 of section 1209-a of the
26 public authorities law, as amended by chapter 379 of the laws of 1992,
27 are amended to read as follows:
28 b. To impose civil penalties not to exceed a total of one hundred
29 fifty dollars for any transit infraction within its jurisdiction, in
30 accordance with a penalty schedule established by the authority or the
31 metropolitan transportation authority or a subsidiary thereof, as appli-
32 cable, except that penalties for violations of the health code of the
33 city of New York shall be in accordance with the penalties established
34 for such violations by the board of health of the city of New York, and
35 penalties for violations of the noise code of the city of New York shall
36 be in accordance with the penalties established for such violations by
37 law, and civil penalties for violations of the rules and regulations of
38 the triborough bridge and tunnel authority shall be in accordance with
39 the penalties established for such violations by section [two thousand
40 nine] twenty-nine hundred eighty-five of this chapter;
41 i. To accept payment of penalties and to remit same to the authority
42 or the metropolitan transportation authority or a subsidiary thereof, as
43 applicable; and
44 § 3. Subdivision 4 of section 1266 of the public authorities law, as
45 amended by chapter 415 of the laws of 1966, is amended to read as
46 follows:
47 4. The authority may establish and, in the case of joint service
48 arrangements, join with others in the establishment of such schedules
49 and standards of operations and such other rules and regulations includ-
50 ing but not limited to rules and regulations governing the conduct and
51 safety of the public as it may deem necessary, convenient or desirable
52 for the use and operation of any transportation facility and related
53 services operated by the authority or under contract, lease or other
54 arrangement, including joint service arrangements, with the authority.
55 Such rules and regulations governing the conduct and safety of the
56 public shall be filed with the department of state in the manner
A. 7683--A 3
1 provided by section one hundred two of the executive law. In the case of
2 any conflict between any such rule or regulation of the authority
3 governing the conduct or the safety of the public and any local law,
4 ordinance, rule or regulation, such rule or regulation of the authority
5 shall prevail. Violation of any such rule or regulation of the authority
6 governing the conduct or the safety of the public in or upon any facili-
7 ty of the authority shall constitute an offense and shall be punishable
8 by a fine not exceeding fifty dollars or imprisonment for not more than
9 thirty days or both or may be punishable by the imposition of a civil
10 penalty by the transit adjudication bureau established pursuant to the
11 provisions of title nine of this article.
12 § 4. This act shall take effect immediately.
