A01552 Summary:

BILL NOA01552
 
SAME ASSAME AS S01925
 
SPONSOREpstein
 
COSPNSROrtiz, Reyes, Simon, Gottfried
 
MLTSPNSR
 
Amd 1111-c & 1111-a, V & T L; amd 19-210, NYC Ad Cd; amd Part II 14, Chap 59 of 2010; amd 17, Chap 746 of 1988; amd 2, NYC, LL 46 of 1989
 
Removes caps on automated enforcement cameras for bus lanes and traffic lights in the city of New York, increases penalties and creates a graduated schedule of fines for repeat offenders, and directs that fines be deposited in the general transportation account of the New York city transportation assistance fund.
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A01552 Actions:

BILL NOA01552
 
01/15/2019referred to transportation
02/28/2019enacting clause stricken
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A01552 Committee Votes:

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A01552 Floor Votes:

There are no votes for this bill in this legislative session.
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A01552 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1552
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2019
                                       ___________
 
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Transportation
 
        AN ACT to amend the vehicle and traffic law,  in  relation  to  removing
          caps on automated enforcement cameras for bus lanes and traffic lights
          in the City of New York, increasing penalties and creating a graduated
          schedule  of  fines  for repeat offenders, and directing that fines be
          deposited in the general transportation account of the New  York  city
          transportation  assistance  fund;  to amend the administrative code of
          the city of New York in  relation  to  certain  traffic-control  indi-
          cations;  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 demonstration program to restrict the
          use  of  bus  lanes by means of bus lane photo devices, in relation to
          the effectiveness thereof; to amend chapter 746 of the  laws  of  1988
          amending  the  vehicle  and traffic law, the general municipal law and
          the public officers law relating to the  civil  liability  of  vehicle
          owners  for  traffic  control  signal  violations,  in relation to the
          effectiveness thereof; and to amend local law number 46 of the city of
          New York for the year 1989 amending the  administrative  code  of  the
          city  of  New  York  relating to civil liability of vehicle owners for
          traffic control signal violations, in relation  to  the  effectiveness
          thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 5 of subdivision (c), subdivision (e) and  subdi-
     2  vision (m) of section 1111-c of the vehicle and traffic law, paragraph 5
     3  of subdivision (c) and subdivision (e) as amended and subdivision (m) as
     4  added  by  section  6 of part NNN of chapter 59 of the laws of 2018, are
     5  amended to read as follows:
     6    5. "bus rapid transit program" shall mean [up to ten routes] any route
     7  designated by the New York city department of transportation in  consul-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02537-01-9

        A. 1552                             2
 
     1  tation  with  the applicable mass transit agency, in addition to the Bus
     2  Rapid Transit Phase I plan routes, that operate on designated bus  lanes
     3  and  that  may include upgraded signage, enhanced road markings, minimum
     4  bus  stop  spacing,  off-board fare payment, traffic signal priority for
     5  buses, and any other enhancement that increases bus speed  or  reliabil-
     6  ity.
     7    (e)  An owner liable for a violation of a bus lane restriction imposed
     8  on any route within a bus rapid transit  program  shall  be  liable  for
     9  monetary  penalties in accordance with a schedule of fines and penalties
    10  promulgated by the parking violations bureau of the city  of  New  York;
    11  provided,  however,  that  the monetary penalty for violating a bus lane
    12  restriction shall not exceed one hundred [fifteen] dollars, one  hundred
    13  twenty-five  dollars  for a second offense within a twelve month period,
    14  one hundred seventy-five dollars for a third  offense  within  a  twelve
    15  month  period,  two  hundred fifty dollars for a fourth offense within a
    16  twelve month period, and three hundred fifty dollars for each subsequent
    17  offense within a twelve month period; provided, further, that  an  owner
    18  shall  be  liable  for  an  additional penalty not to exceed twenty-five
    19  dollars for each violation for the failure to respond  to  a  notice  of
    20  liability within the prescribed time period.
    21    (m)  Any  revenue  from fines and penalties collected pursuant to this
    22  section from any mobile bus lane photo devices [that were authorized  to
    23  be  installed pursuant to a chapter of the laws of two thousand eighteen
    24  that added this subdivision] shall be remitted by the city of  New  York
    25  to  the applicable mass transit agency on a quarterly basis to be depos-
    26  ited in the general transportation account of the New York  city  trans-
    27  portation assistance fund established pursuant to section twelve hundred
    28  seventy-i of the public authorities law.
    29    §  2.  Paragraph  1  of subdivision (a) and subdivision (e) of section
    30  1111-a of the vehicle and traffic law, paragraph 1 of subdivision (a) as
    31  amended by chapter 18 of the laws of 2009 and subdivision (e) as amended
    32  by chapter 479 of the laws of 1994, are amended, and a  new  subdivision
    33  (o) is added to read as follows:
    34    1.  Notwithstanding any other provision of law, each city with a popu-
    35  lation of one million or more is  hereby  authorized  and  empowered  to
    36  adopt  and  amend  a local law or ordinance establishing a demonstration
    37  program imposing monetary liability on the owner of a vehicle for  fail-
    38  ure of an operator thereof to comply with traffic-control indications in
    39  such  city  in  accordance  with  the  provisions  of this section. Such
    40  [demonstration] program shall empower a  city  to  install  and  operate
    41  traffic-control  signal  photo  violation-monitoring devices [at no more
    42  than one hundred fifty intersections within such city at any one time].
    43    (e) An owner liable for a violation  of  subdivision  (d)  of  section
    44  eleven  hundred  eleven of this article pursuant to a local law or ordi-
    45  nance adopted pursuant to this section  shall  be  liable  for  monetary
    46  penalties in accordance with a schedule of fines and penalties to be set
    47  forth  in  such  local law or ordinance, except that in a city which, by
    48  local law, has authorized the adjudication of such owner liability by  a
    49  parking  violations  bureau,  such schedule shall be promulgated by such
    50  bureau.  The liability of the owner pursuant to this section  shall  not
    51  exceed  [fifty  dollars  for  each  violation]  one hundred dollars, one
    52  hundred twenty-five dollars for a second offense within a  twelve  month
    53  period,  one  hundred  seventy-five dollars for a third offense within a
    54  twelve month period, two hundred fifty  dollars  for  a  fourth  offense
    55  within  a  twelve month period, and three hundred fifty dollars for each
    56  subsequent offense within a twelve month period; provided, however, that

        A. 1552                             3
 
     1  such local law or ordinance may provide for an additional penalty not in
     2  excess of twenty-five dollars for each  violation  for  the  failure  to
     3  respond to a notice of liability within the prescribed time period.
     4    (o)  Any  revenue  from fines and penalties collected pursuant to this
     5  section from  any  traffic-control  signal  photo  violations-monitoring
     6  device shall be remitted by the city of New York to the application mass
     7  transit  agency  on  a  quarterly  basis  to be deposited in the general
     8  transportation account of the New York  city  transportation  assistance
     9  fund  established  pursuant  to  section twelve hundred seventy-i of the
    10  public authorities law.
    11    § 3. Paragraph 1 of subdivision (a) of section 19-210 of the  adminis-
    12  trative  code  of  the city of New York, as amended by chapter 18 of the
    13  laws of 2009, is amended to read as follows:
    14    1. Notwithstanding any other provision of law, the parking  violations
    15  bureau  is  hereby authorized and empowered to establish a demonstration
    16  program imposing monetary liability on the owner of a vehicle for  fail-
    17  ure of an operator thereof to comply with traffic-control indications in
    18  accordance with the provisions of this section. The department of trans-
    19  portation,  for  purposes  of  implementation  of such program, shall be
    20  authorized to install and operate traffic-control  signal  photo  viola-
    21  tion-monitoring devices [at no more than one hundred fifty intersections
    22  at any one time].
    23    §  4.  The opening paragraph of section 14 of part II of chapter 59 of
    24  the laws of 2010, amending the vehicle and traffic law  and  the  public
    25  officers  law relating to establishing a bus rapid transit demonstration
    26  program to restrict the use of bus lanes by  means  of  bus  lane  photo
    27  devices,  as  amended  by chapter 239 of the laws of 2015, is amended to
    28  read as follows:
    29    This act shall take effect on the ninetieth day after  it  shall  have
    30  become  a  law [and shall expire 10 years after such effective date when
    31  upon such date the provisions of this act shall be deemed repealed; and]
    32  provided that any rules and regulations related to  this  act  shall  be
    33  promulgated on or before such effective date, provided that:
    34    §  5. Section 17 of chapter 746 of the laws of 1988 amending the vehi-
    35  cle and traffic law, the general municipal law and the  public  officers
    36  law,  relating  to  the  civil  liability  of vehicle owners for traffic
    37  control signal violations, as amended by chapter  134  of  the  laws  of
    38  2014, is amended to read as follows:
    39    §  17.  This act shall take effect on the thirtieth day after it shall
    40  have become a law [and shall remain  in  full  force  and  effect  until
    41  December  1, 2019 when upon such date the amendments and provisions made
    42  by this act shall be deemed repealed; provided, however, any such  local
    43  laws  as  may be enacted pursuant to this act shall remain in full force
    44  and effect only until the expiration on December 1, 2019].
    45    § 6. Section 2 of local law number 46 of the city of New York for  the
    46  year  1989  amending  the  administrative  code  of the city of New York
    47  relating to civil liability of vehicle owners for traffic control signal
    48  violations, as amended by chapter 134 of the laws of 2014, is amended to
    49  read as follows:
    50    § 2. This local law shall take effect immediately [and shall expire on
    51  December 1, 2019].
    52    § 7. This act shall take effect immediately.   Effective  immediately,
    53  the  addition,  amendment and/or repeal of any rule or regulation neces-
    54  sary for the implementation of  this  act  on  its  effective  date  are
    55  authorized  and  directed  to  be  made  and completed on or before such
    56  effective date.
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