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.
