STATE OF NEW YORK
________________________________________________________________________
8160--A
2011-2012 Regular Sessions
IN ASSEMBLY
June 3, 2011
___________
Introduced by M. of A. BRENNAN, BING -- read once and referred to the
Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, the vehicle and traffic law
and the public officers law, in relation to bus lane restrictions
enforcement by photo devices
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, violation of bus
7 lane restrictions enforced by photo devices in accordance with section
8 eleven hundred eleven-d of the vehicle and traffic law, notices of
9 violation of bus lane restrictions issued by authorized authority
10 employees in accordance with section two hundred thirty-eight of the
11 vehicle and traffic law, and with respect to violation of toll
12 collection regulations of the triborough bridge and tunnel authority as
13 described in section two thousand nine hundred eighty-five of this chap-
14 ter, non-exclusive jurisdiction over violations of: (a) the rules which
15 may from time to time be established by the authority under subdivision
16 five-a of section twelve hundred four of this [chapter] title; (b) arti-
17 cle one hundred thirty-nine of the health code of the city of New York,
18 as it may be amended from time to time, relating to public transporta-
19 tion facilities; [and] (c) article four of the noise control code of the
20 city of New York, as it may be amended from time to time, insofar as it
21 pertains to sound reproduction devices; [and] (d) the rules and regu-
22 lations which may from time to time be established by the triborough
23 bridge and tunnel authority in accordance with the provisions of section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11760-03-1
A. 8160--A 2
1 two thousand nine hundred eighty-five of this chapter; (e) bus lane
2 restrictions enforced by photo devices in accordance with section eleven
3 hundred eleven-d of the vehicle and traffic law; and (f) bus lane
4 restrictions for notices of violation issued by authorized authority
5 employees in accordance with section two hundred thirty-eight of the
6 vehicle and traffic law. Matters within the jurisdiction of the bureau
7 except violations of the rules and regulations of the triborough bridge
8 and tunnel authority shall be known for purposes of this section as
9 transit infractions, which include violations of bus lane restrictions
10 enforced by photo devices in accordance with section eleven hundred
11 eleven-d of the vehicle and traffic law and notices of violation of bus
12 lane restrictions issued by authorized authority employees in accordance
13 with section two hundred thirty-eight of the vehicle and traffic law.
14 Nothing [herein] in this subdivision shall be construed to divest juris-
15 diction from any court now having jurisdiction over any criminal charge
16 or traffic infraction relating to any act committed in a transit or toll
17 facility or a designated bus lane, or to impair the ability of a police
18 officer to conduct a lawful search of a person in a transit facility.
19 The criminal court of the city of New York shall continue to have juris-
20 diction over any criminal charge or traffic infraction brought for
21 violation of the rules of the authority or the triborough bridge and
22 tunnel authority, as well as jurisdiction relating to any act which may
23 constitute a crime or an offense under any law of the state of New York
24 or any municipality or political subdivision thereof and which may also
25 constitute a violation of such rules. The bureau shall have concurrent
26 jurisdiction with the environmental control board and the administrative
27 tribunal of the department of health over the aforesaid provisions of
28 the health code and noise control code of the city of New York.
29 § 2. Paragraphs b and j of subdivision 4 of section 1209-a of the
30 public authorities law, as amended by chapter 379 of the laws of 1992,
31 are amended to read as follows:
32 b. To impose civil penalties not to exceed a total of one hundred
33 fifty dollars for any transit infraction within its jurisdiction, in
34 accordance with a penalty schedule established by the authority except
35 that penalties for violations of the health code of the city of New York
36 shall be in accordance with the penalties established for such
37 violations by the board of health of the city of New York, and penalties
38 for violations of the noise code of the city of New York shall be in
39 accordance with the penalties established for such violations by law,
40 and civil penalties for violations of the rules and regulations of the
41 triborough bridge and tunnel authority shall be in accordance with the
42 penalties established for such violations by section two thousand nine
43 hundred eighty-five of this chapter, and that penalties for violations
44 of bus lane restrictions enforced by photo devices and for notices of
45 violation of bus lane restrictions issued by authorized authority
46 employees in accordance with section two hundred thirty-eight of the
47 vehicle and traffic law shall be in accordance with the penalties set
48 forth in section eleven hundred eleven-d of the vehicle and traffic law;
49 j. To adjudicate the liability of motor vehicle owners for violations
50 of rules and regulations established in accordance with the provisions
51 of section two thousand nine hundred eighty-five of this chapter and
52 section eleven hundred eleven-d of the vehicle and traffic law, and for
53 notices of violation of bus lane restrictions issued by authorized
54 authority employees in accordance with section two hundred thirty-eight
55 of the vehicle and traffic law.
A. 8160--A 3
1 § 3. Section 1209-a of the public authorities law is amended by adding
2 two new subdivisions 5-a and 5-b to read as follows:
3 5-a. Notices of liability for violation of bus lane restrictions;
4 photo devices. Notices of liability for violation of bus lane
5 restrictions enforced by photo devices shall be prepared and mailed in
6 accordance with section eleven hundred eleven-d of the vehicle and traf-
7 fic law.
8 5-b. Notices of violation of bus lane restrictions; authorized author-
9 ity employees. Notices of violation of bus lane restrictions issued by
10 authorized authority employees shall be in accordance with section two
11 hundred thirty-eight of the vehicle and traffic law.
12 § 4. Subdivision 6 of section 1209-a of the public authorities law, as
13 amended by chapter 379 of the laws of 1992, is amended to read as
14 follows:
15 6. Defaults. Where a respondent has failed to plead to a notice of
16 violation or to a notice of liability issued pursuant to section two
17 thousand nine hundred eighty-five of this chapter or section eleven
18 hundred eleven-d of the vehicle and traffic law or to a notice of
19 violation of bus lane restrictions issued by authorized authority
20 employees in accordance with section two hundred thirty-eight of the
21 vehicle and traffic law within the time allowed by the rules of said
22 bureau or has failed to appear on a designated hearing date or a subse-
23 quent date following an adjournment, such failure to plead or appear
24 shall be deemed, for all purposes, to be an admission of liability and
25 shall be grounds for rendering a default decision and order imposing a
26 penalty in such amount as may be prescribed by the authority, or in
27 accordance with section eleven hundred eleven-d of the vehicle and traf-
28 fic law for a default on a violation of bus lane restrictions enforced
29 by photo devices or on a notice of violation of bus lane restrictions
30 issued by authorized authority employees in accordance with section two
31 hundred thirty-eight of the vehicle and traffic law.
32 § 5. Paragraph g of subdivision 7 of section 1209-a of the public
33 authorities law, as amended by chapter 379 of the laws of 1992, is
34 amended to read as follows:
35 g. After due consideration of the evidence and arguments, the hearing
36 officer shall determine whether the charges or allegations have been
37 established. No charge may be established except upon proof by clear and
38 convincing evidence except allegations of civil liability for violations
39 of triborough bridge and tunnel authority rules and regulations will be
40 established in accordance with the provisions of section two thousand
41 nine hundred eighty-five of this chapter. Where the charges have not
42 been established, an order dismissing the charges or allegations shall
43 be entered. Where a determination is made that a charge or allegation
44 has been established or if an answer admitting the charge or allegation
45 has been received, the hearing officer shall set a penalty in accordance
46 with the penalty schedule established by the authority, or for allega-
47 tions of civil liability in accordance with the provisions of section
48 two thousand nine hundred eighty-five of this chapter; or for notices of
49 liability for violation of bus lane restrictions enforced by photo
50 devices or notices of violation of bus lane restrictions issued by
51 authorized authority employees in accordance with section two hundred
52 thirty-eight of the vehicle and traffic law, the penalty shall be set in
53 accordance with section eleven hundred eleven-d of the vehicle and traf-
54 fic law, and an appropriate order shall be entered in the records of the
55 bureau. The respondent shall be given notice of such entry in person or
56 by certified mail. This order shall constitute the final determination
A. 8160--A 4
1 of the hearing officer, and for purposes of review it shall be deemed to
2 incorporate any intermediate determinations made by said officer in the
3 course of the proceeding. When no appeal is filed this order shall be
4 the final order of the bureau.
5 § 6. Subdivision 10 of section 1209-a of the public authorities law,
6 as amended by chapter 379 of the laws of 1992, is amended to read as
7 follows:
8 10. Funds. All penalties collected pursuant to the provisions of this
9 section shall be paid to the authority to the credit of a transit crime
10 fund which the authority shall establish. Any sums in this fund shall be
11 used to pay for programs selected by the board of the authority, in its
12 discretion, to reduce the incidence of crimes and infractions on transit
13 facilities or violation of bus lane restrictions, or to improve the
14 enforcement of laws against such crimes and infractions. Such funds
15 shall be in addition to and not in substitution for any funds provided
16 by the state or the city of New York for such purposes.
17 § 7. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
18 of the vehicle and traffic law, as amended by section 1 of part SS of
19 chapter 57 of the laws of 2010, is amended to read as follows:
20 (i) If at the time of application for a registration or renewal there-
21 of there is a certification from a court, parking violations bureau,
22 traffic and parking violations agency or administrative tribunal of
23 appropriate jurisdiction [or administrative tribunal of appropriate
24 jurisdiction] that the registrant or his or her representative failed to
25 appear on the return date or any subsequent adjourned date or failed to
26 comply with the rules and regulations of an administrative tribunal
27 following entry of a final decision in response to a total of three or
28 more summonses or other process in the aggregate, issued within an eigh-
29 teen month period, charging either that: (i) such motor vehicle was
30 parked, stopped or standing, or that such motor vehicle was operated for
31 hire by the registrant or his or her agent without being licensed as a
32 motor vehicle for hire by the appropriate local authority, in violation
33 of any of the provisions of this chapter or of any law, ordinance, rule
34 or regulation made by a local authority; or (ii) the registrant was
35 liable in accordance with section eleven hundred eleven-a of this chap-
36 ter or section eleven hundred eleven-b of this chapter for a violation
37 of subdivision (d) of section eleven hundred eleven of this chapter; or
38 (iii) the registrant was liable in accordance with section eleven
39 hundred eleven-c or eleven hundred eleven-d of this chapter for a
40 violation of a bus lane restriction as defined in such [section]
41 sections, the commissioner or his or her agent shall deny the registra-
42 tion or renewal application until the applicant provides proof from the
43 court, traffic and parking violations agency or administrative tribunal
44 wherein the charges are pending that an appearance or answer has been
45 made or in the case of an administrative tribunal that he or she has
46 complied with the rules and regulations of said tribunal following entry
47 of a final decision. Where an application is denied pursuant to this
48 section, the commissioner may, in his or her discretion, deny a regis-
49 tration or renewal application to any other person for the same vehicle
50 and may deny a registration or renewal application for any other motor
51 vehicle registered in the name of the applicant where the commissioner
52 has determined that such registrant's intent has been to evade the
53 purposes of this subdivision and where the commissioner has reasonable
54 grounds to believe that such registration or renewal will have the
55 effect of defeating the purposes of this subdivision. Such denial shall
56 only remain in effect as long as the summonses remain unanswered, or in
A. 8160--A 5
1 the case of an administrative tribunal, the registrant fails to comply
2 with the rules and regulations following entry of a final decision.
3 § 8. Paragraph a of subdivision 5-a of section 401 of the vehicle and
4 traffic law, as amended by section 8-a of part II of chapter 59 of the
5 laws of 2010, is amended to read as follows:
6 a. If at the time of application for a registration or renewal thereof
7 there is a certification from a court or administrative tribunal of
8 appropriate jurisdiction that the registrant or his or her represen-
9 tative failed to appear on the return date or any subsequent adjourned
10 date or failed to comply with the rules and regulations of an adminis-
11 trative tribunal following entry of a final decision in response to a
12 total of three or more summonses or other process in the aggregate,
13 issued within an eighteen month period, charging either that: (i) such
14 motor vehicle was parked, stopped or standing, or that such motor vehi-
15 cle was operated for hire by the registrant or his or her agent without
16 being licensed as a motor vehicle for hire by the appropriate local
17 authority, in violation of any of the provisions of this chapter or of
18 any law, ordinance, rule or regulation made by a local authority; or
19 (ii) the registrant was liable in accordance with section eleven hundred
20 eleven-b of this chapter for a violation of subdivision (d) of section
21 eleven hundred eleven of this chapter; or (iii) the registrant was
22 liable in accordance with section eleven hundred eleven-c or eleven
23 hundred eleven-d of this chapter for a violation of a bus lane
24 restriction as defined in such [section] sections, the commissioner or
25 his or her agent shall deny the registration or renewal application
26 until the applicant provides proof from the court or administrative
27 tribunal wherein the charges are pending that an appearance or answer
28 has been made or in the case of an administrative tribunal that he or
29 she has complied with the rules and regulations of said tribunal follow-
30 ing entry of a final decision. Where an application is denied pursuant
31 to this section, the commissioner may, in his or her discretion, deny a
32 registration or renewal application to any other person for the same
33 vehicle and may deny a registration or renewal application for any other
34 motor vehicle registered in the name of the applicant where the commis-
35 sioner has determined that such registrant's intent has been to evade
36 the purposes of this subdivision and where the commissioner has reason-
37 able grounds to believe that such registration or renewal will have the
38 effect of defeating the purposes of this subdivision. Such denial shall
39 only remain in effect as long as the summonses remain unanswered, or in
40 the case of an administrative tribunal, the registrant fails to comply
41 with the rules and regulations following entry of a final decision.
42 § 9. Paragraph a of subdivision 5-a of section 401 of the vehicle and
43 traffic law, as amended by section 8-b of part II of chapter 59 of the
44 laws of 2010, is amended to read as follows:
45 a. If at the time of application for a registration or renewal thereof
46 there is a certification from a court or administrative tribunal of
47 appropriate jurisdiction that the registrant or his or her represen-
48 tative failed to appear on the return date or any subsequent adjourned
49 date or failed to comply with the rules and regulations of an adminis-
50 trative tribunal following entry of a final decision in response to
51 three or more summonses or other process, issued within an eighteen
52 month period, charging that such motor vehicle was parked, stopped or
53 standing, or that such motor vehicle was operated for hire by the regis-
54 trant or his or her agent without being licensed as a motor vehicle for
55 hire by the appropriate local authority, in violation of any of the
56 provisions of this chapter or of any law, ordinance, rule or regulation
A. 8160--A 6
1 made by a local authority or the registrant was liable in accordance
2 with section eleven hundred eleven-c or eleven hundred eleven-d of this
3 chapter for a violation of a bus lane restriction as defined in such
4 [section] sections, the commissioner or his or her agent shall deny the
5 registration or renewal application until the applicant provides proof
6 from the court or administrative tribunal wherein the charges are pend-
7 ing that an appearance or answer has been made or in the case of an
8 administrative tribunal that he or she has complied with the rules and
9 regulations of said tribunal following entry of a final decision. Where
10 an application is denied pursuant to this section, the commissioner may,
11 in his or her discretion, deny a registration or renewal application to
12 any other person for the same vehicle and may deny a registration or
13 renewal application for any other motor vehicle registered in the name
14 of the applicant where the commissioner has determined that such regis-
15 trant's intent has been to evade the purposes of this subdivision and
16 where the commissioner has reasonable grounds to believe that such
17 registration or renewal will have the effect of defeating the purposes
18 of this subdivision. Such denial shall only remain in effect as long as
19 the summonses remain unanswered, or in the case of an administrative
20 tribunal, the registrant fails to comply with the rules and regulations
21 following entry of a final decision.
22 § 10. Paragraph a of subdivision 5-a of section 401 of the vehicle and
23 traffic law, as separately amended by chapters 339 and 592 of the laws
24 of 1987, is amended to read as follows:
25 a. If at the time of application for a registration or renewal thereof
26 there is a certification from a court or administrative tribunal of
27 appropriate jurisdiction that the registrant or his or her represen-
28 tative failed to appear on the return date or any subsequent adjourned
29 date or failed to comply with the rules and regulations of an adminis-
30 trative tribunal following entry of a final decision in response to
31 three or more summonses or other process, issued within an eighteen
32 month period, charging that such motor vehicle was parked, stopped or
33 standing, or that such motor vehicle was operated for hire by the regis-
34 trant or his or her agent without being licensed as a motor vehicle for
35 hire by the appropriate local authority, in violation of any of the
36 provisions of this chapter or of any law, ordinance, rule or regulation
37 made by a local authority or the registrant was liable in accordance
38 with section eleven hundred eleven-c or eleven hundred eleven-d of this
39 chapter for a violation of a bus lane restriction as defined in such
40 sections, the commissioner or his or her agent shall deny the registra-
41 tion or renewal application until the applicant provides proof from the
42 court or administrative tribunal wherein the charges are pending that an
43 appearance or answer has been made or in the case of an administrative
44 tribunal that he or she has complied with the rules and regulations of
45 said tribunal following entry of a final decision. Where an application
46 is denied pursuant to this section, the commissioner may, in his or her
47 discretion, deny a registration or renewal application to any other
48 person for the same vehicle and may deny a registration or renewal
49 application for any other motor vehicle registered in the name of the
50 applicant where the commissioner has determined that such registrant's
51 intent has been to evade the purposes of this subdivision and where the
52 commissioner has reasonable grounds to believe that such registration or
53 renewal will have the effect of defeating the purposes of this subdivi-
54 sion. Such denial shall only remain in effect as long as the summonses
55 remain unanswered, or in the case of an administrative tribunal, the
A. 8160--A 7
1 registrant fails to comply with the rules and regulations following
2 entry of a final decision.
3 § 11. Subdivision (d) of section 1111-c of the vehicle and traffic
4 law, as added by section 9 of part II of chapter 59 of the laws of 2010,
5 is amended to read as follows:
6 (d) A certificate, sworn to or affirmed by a technician employed by
7 the city in which the charged violation occurred or by the applicable
8 mass transit agency, or a facsimile thereof, based upon inspection of
9 photographs, microphotographs, videotape or other recorded images
10 produced by a bus lane photo device, shall be prima facie evidence of
11 the facts contained therein. Any photographs, microphotographs, vide-
12 otape or other recorded images evidencing such a violation shall be
13 available for inspection in any proceeding to adjudicate the liability
14 for such violation pursuant to this section.
15 § 12. The vehicle and traffic law is amended by adding a new section
16 1111-d to read as follows:
17 § 1111-d. Mass transit photo device enforcement of owner liability for
18 failure of operator to comply with bus lane restrictions. (a) 1.
19 Notwithstanding any other provision of law, in a city with a population
20 of one million or more, the metropolitan transportation authority, the
21 New York city transit authority and their subsidiaries and affiliates,
22 or the applicable mass transit authority or agency for such city
23 (referred to as the "authority" for purposes of this section) is hereby
24 authorized and empowered to establish a bus lane photo device enforce-
25 ment program imposing monetary liability on the owner of a vehicle for
26 failure of an operator thereof to comply with bus lane restrictions in
27 such city in accordance with the provisions of this section. The author-
28 ity, for purposes of the implementation of such program, shall operate
29 bus lane photo devices only on designated bus lanes in such city, except
30 the bus routes specified in paragraph four of subdivision (c) of section
31 eleven hundred eleven-c of this article. Such bus lane photo devices may
32 be stationary or mobile and shall be activated at locations determined
33 by the authority in consultation with such city and/or on buses or vehi-
34 cles selected by the authority.
35 2. Any image or images captured by bus lane photo devices shall be
36 inadmissible in any disciplinary proceeding convened by the authority or
37 any subsidiary thereof and any proceeding initiated by the department of
38 motor vehicles involving licensure privileges of bus operators. Any
39 mobile bus lane photo device mounted on a bus shall be directed outward-
40 ly from such bus to capture images of vehicles operated in violation of
41 bus lane restrictions, and images produced by such device shall not be
42 used for any other purpose in the absence of a court order requiring
43 such images to be produced.
44 3. The authority shall adopt and enforce measures to protect the
45 privacy of drivers, passengers, pedestrians and cyclists whose identity
46 and identifying information may be captured by a bus lane photo device.
47 Such measures shall include:
48 (i) utilization of necessary technologies to ensure, to the extent
49 practicable, that images produced by such bus lane photo devices shall
50 not include images that identify the driver, the passengers, or the
51 contents of the vehicle, provided, however, that no notice of liability
52 issued pursuant to this section shall be dismissed solely because an
53 image allows for the identification of the driver, the passengers or
54 other contents of a vehicle;
55 (ii) a prohibition on the use or dissemination of vehicles' license
56 plate information and other information and images captured by bus lane
A. 8160--A 8
1 photo devices except: (A) as required to establish liability under this
2 section or collect payment of penalties; (B) as required by court order;
3 or (C) as otherwise required by law;
4 (iii) in consultation with such city, the installation of signage at
5 regular intervals or enhanced road markings within designated bus lanes
6 stating that bus lane photo devices are used to enforce restrictions on
7 vehicular traffic in bus lanes; and
8 (iv) oversight procedures to ensure compliance with the aforementioned
9 privacy protection measures.
10 (b) The owner of a vehicle shall be liable for a penalty imposed
11 pursuant to this section if such vehicle was used or operated with the
12 permission of the owner, express or implied, in violation of any bus
13 lane restrictions that apply to designated bus lanes, and such violation
14 is evidenced by information obtained from a bus lane photo device;
15 provided however that no owner of a vehicle shall be liable for a penal-
16 ty imposed pursuant to this section where the operator of such vehicle
17 has been convicted of the underlying violation of any bus lane
18 restrictions.
19 (c) For purposes of this section, the following terms shall have the
20 following meanings:
21 1. "owner" shall have the meaning provided in section two hundred
22 thirty-nine of this chapter.
23 2. "bus lane photo device" shall mean a device that is capable of
24 operating independently of an enforcement officer and produces one or
25 more images of each vehicle at the time it is in violation of bus lane
26 restrictions.
27 3. "bus lane restrictions" shall mean restrictions on the use of
28 designated bus lanes by vehicles other than buses imposed by local law
29 and signs erected by the authority in consultation with such city pursu-
30 ant to this section, with the exceptions allowed under subdivision (m)
31 of section 4-12 and paragraph three of subdivision (a) of section
32 4-08(a)(3) of title thirty-four of the rules of the city of New York or
33 any such rules of a city with a population of one million or more.
34 4. "designated bus lane" shall mean a vehicle lane dedicated for the
35 exclusive use of buses, which includes bus stops within the designated
36 bus lane.
37 (d) A certificate, or a facsimile thereof, sworn to or affirmed by a
38 technician employed by the authority or any other entity authorized by
39 the authority, based upon inspection of photographs, microphotographs,
40 videotape or other recorded images produced by a bus lane photo device,
41 shall be prima facie evidence of the facts contained therein. Any photo-
42 graphs, microphotographs, videotape or other recorded images evidencing
43 such a violation shall be available for inspection in any proceeding to
44 adjudicate the liability for such violation pursuant to this section.
45 (e) An owner liable for a violation of a bus lane restriction under
46 this section shall be liable for monetary penalties in accordance with a
47 schedule of fines and penalties promulgated by the parking violations
48 bureau of a city with a population of one million or more; provided,
49 however, that the monetary penalty for violating a bus lane restriction
50 shall not exceed one hundred fifteen dollars; provided, further, that an
51 owner shall be liable for an additional penalty not to exceed twenty-
52 five dollars for each violation for the failure to respond to a notice
53 of liability within the prescribed time period.
54 (f) An imposition of liability pursuant to this section shall not be
55 deemed a conviction of an operator and shall not be made part of the
56 operating record of the person upon whom such liability is imposed, nor
A. 8160--A 9
1 shall it be used for insurance purposes in the provision of motor vehi-
2 cle insurance coverage.
3 (g) 1. A notice of liability shall be sent by first class mail to each
4 person alleged to be liable as an owner for a violation of a bus lane
5 restriction. Personal delivery to the owner shall not be required. A
6 manual or automatic record of mailing prepared in the ordinary course of
7 business shall be prima facie evidence of the facts contained therein.
8 2. A notice of liability shall contain the name and address of the
9 person alleged to be liable as an owner for a violation of a bus lane
10 restriction, the registration number of the vehicle involved in such
11 violation, the location where such violation took place including the
12 street address or cross streets, one or more images identifying the
13 violation, the date and time of such violation and the identification
14 number of the bus lane photo device which recorded the violation or
15 other document locator number.
16 3. The notice of liability shall contain information advising the
17 person charged of the manner and the time in which he or she may contest
18 the liability alleged in the notice. Such notice of liability shall also
19 contain a warning to advise the persons charged that failure to contest
20 in the manner and time provided shall be deemed an admission of liabil-
21 ity and that a default judgment may be entered thereon.
22 4. The notice of liability shall be prepared and mailed by the author-
23 ity, or any other entity authorized by such authority to prepare and
24 mail such notification of violation.
25 5. Adjudication of the liability imposed upon owners by this section
26 shall be by the authority's transit adjudication bureau pursuant to
27 section twelve hundred nine-a of the public authorities law or any such
28 transit adjudication bureau in a city with a population of one million
29 or more.
30 (h) If an owner of a vehicle receives a notice of liability pursuant
31 to this section for any time period during which such vehicle was
32 reported to the police department as having been stolen, it shall be a
33 valid defense to an allegation of liability for a violation of a bus
34 lane restriction that the vehicle had been reported to the police as
35 stolen prior to the time the violation occurred and had not been recov-
36 ered by such time. For purposes of asserting the defense provided by
37 this subdivision it shall be sufficient that a certified copy of the
38 police report on the stolen vehicle be sent by first class mail to the
39 transit adjudication bureau in such city with a population of one
40 million or more.
41 (i) 1. An owner who is a lessor of a vehicle to which a notice of
42 liability was issued pursuant to subdivision (g) of this section shall
43 not be liable for the violation of a bus lane restriction, provided that
44 within thirty-seven days after receiving notice from the transit adjudi-
45 cation bureau of the date and time of a liability, together with the
46 other information contained in the original notice of liability, the
47 lessor submits to such bureau the correct name and address of the lessee
48 of the vehicle identified in the notice of liability at the time of such
49 violation, together with such other additional information contained in
50 the rental, lease or other contract document, as may be reasonably
51 required by such bureau pursuant to regulations that may be promulgated
52 for such purpose.
53 2. Failure to comply with paragraph one of this subdivision shall
54 render the lessor liable for the penalty prescribed in this section.
55 3. Where the lessor complies with the provisions of paragraph one of
56 this subdivision, the lessee of such vehicle on the date of such
A. 8160--A 10
1 violation shall be deemed to be the owner of such vehicle for purposes
2 of this section, shall be subject to liability for such violation pursu-
3 ant to this section and shall be sent a notice of liability pursuant to
4 subdivision (g) of this section.
5 (j) If the owner liable for a violation of a bus lane restriction was
6 not the operator of the vehicle at the time of the violation, the owner
7 may maintain an action for indemnification against the operator.
8 (k) Nothing in this section shall be construed to limit the liability
9 of an operator of a vehicle for any violation of bus lane restrictions.
10 (l) The authority shall submit a report on the results of the use of
11 bus lane photo devices to the governor, the temporary president of the
12 senate and the speaker of the assembly by April first, two thousand
13 thirteen and every two years thereafter. Such report shall include, but
14 not be limited to:
15 1. a description of the locations and/or buses where bus lane photo
16 devices were used;
17 2. the total number of violations recorded on a monthly and annual
18 basis;
19 3. the total number of notices of liability issued;
20 4. the number of fines and total amount of fines paid after the first
21 notice of liability;
22 5. the number of violations adjudicated and results of such adjudi-
23 cations including breakdowns of dispositions made;
24 6. the total amount of revenue realized by any participating mass
25 transit authority or agency;
26 7. the quality of the adjudication process and its results;
27 8. the total number of photo devices by type of photo device;
28 9. the total cost to any participating mass transit authority or agen-
29 cy; and
30 10. a detailed report on the bus speeds, reliability, and ridership
31 before and after implementation of the bus lane photo device enforcement
32 program for each bus route, including current statistics.
33 § 13. The opening paragraph and paragraph (c) of subdivision 1 of
34 section 1809 of the vehicle and traffic law, as amended by section 10 of
35 part II of chapter 59 of the laws of 2010, are amended to read as
36 follows:
37 Whenever proceedings in an administrative tribunal or a court of this
38 state result in a conviction for an offense under this chapter or a
39 traffic infraction under this chapter, or a local law, ordinance, rule
40 or regulation adopted pursuant to this chapter, other than a traffic
41 infraction involving standing, stopping, or parking or violations by
42 pedestrians or bicyclists, or other than an adjudication of liability of
43 an owner for a violation of subdivision (d) of section eleven hundred
44 eleven of this chapter in accordance with section eleven hundred
45 eleven-a of this chapter, or other than an adjudication of liability of
46 an owner for a violation of subdivision (d) of section eleven hundred
47 eleven of this chapter in accordance with section eleven hundred
48 eleven-b of this chapter, or other than an adjudication in accordance
49 with section eleven hundred eleven-c or eleven hundred eleven-d of this
50 chapter for a violation of a bus lane restriction as defined in such
51 [section] sections, there shall be levied a crime victim assistance fee
52 and a mandatory surcharge, in addition to any sentence required or
53 permitted by law, in accordance with the following schedule:
54 (c) Whenever proceedings in an administrative tribunal or a court of
55 this state result in a conviction for an offense under this chapter
56 other than a crime pursuant to section eleven hundred ninety-two of this
A. 8160--A 11
1 chapter, or a traffic infraction under this chapter, or a local law,
2 ordinance, rule or regulation adopted pursuant to this chapter, other
3 than a traffic infraction involving standing, stopping, or parking or
4 violations by pedestrians or bicyclists, or other than an adjudication
5 of liability of an owner for a violation of subdivision (d) of section
6 eleven hundred eleven of this chapter in accordance with section eleven
7 hundred eleven-a of this chapter, or other than an adjudication of
8 liability of an owner for a violation of subdivision (d) of section
9 eleven hundred eleven of this chapter in accordance with section eleven
10 hundred eleven-b of this chapter, or other than an infraction pursuant
11 to article nine of this chapter or other than an adjudication of liabil-
12 ity of an owner for a violation of toll collection regulations pursuant
13 to section two thousand nine hundred eighty-five of the public authori-
14 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
15 hundred seventy-four of the laws of nineteen hundred fifty or other than
16 an adjudication in accordance with section eleven hundred eleven-c or
17 eleven hundred eleven-d of this chapter for a violation of a bus lane
18 restriction as defined in such [section] sections, there shall be levied
19 a crime victim assistance fee in the amount of five dollars and a manda-
20 tory surcharge, in addition to any sentence required or permitted by
21 law, in the amount of fifty-five dollars.
22 § 14. Subdivision 1 of section 1809 of the vehicle and traffic law, as
23 amended by section 10-a of part II of chapter 59 of the laws of 2010, is
24 amended to read as follows:
25 1. Whenever proceedings in an administrative tribunal or a court of
26 this state result in a conviction for a crime under this chapter or a
27 traffic infraction under this chapter, or a local law, ordinance, rule
28 or regulation adopted pursuant to this chapter, other than a traffic
29 infraction involving standing, stopping, parking or motor vehicle equip-
30 ment or violations by pedestrians or bicyclists, or other than an adju-
31 dication of liability of an owner for a violation of subdivision (d) of
32 section eleven hundred eleven of this chapter in accordance with section
33 eleven hundred eleven-a of this chapter, or other than an adjudication
34 of liability of an owner for a violation of subdivision (d) of section
35 eleven hundred eleven of this chapter in accordance with section eleven
36 hundred eleven-b of this chapter, or other than an adjudication in
37 accordance with section eleven hundred eleven-c or eleven hundred
38 eleven-d of this chapter for a violation of a bus lane restriction as
39 defined in such [section] sections, there shall be levied a mandatory
40 surcharge, in addition to any sentence required or permitted by law, in
41 the amount of twenty-five dollars.
42 § 15. Subdivision 1 of section 1809 of the vehicle and traffic law, as
43 amended by section 10-b of part II of chapter 59 of the laws of 2010, is
44 amended to read as follows:
45 1. Whenever proceedings in an administrative tribunal or a court of
46 this state result in a conviction for a crime under this chapter or a
47 traffic infraction under this chapter other than a traffic infraction
48 involving standing, stopping, parking or motor vehicle equipment or
49 violations by pedestrians or bicyclists, or other than an adjudication
50 in accordance with section eleven hundred eleven-c or eleven hundred
51 eleven-d of this chapter for a violation of a bus lane restriction as
52 defined in such [section] sections, there shall be levied a mandatory
53 surcharge, in addition to any sentence required or permitted by law, in
54 the amount of seventeen dollars.
A. 8160--A 12
1 § 16. Subdivision 1 of section 1809 of the vehicle and traffic law, as
2 separately amended by chapter 16 of the laws of 1983 and chapter 62 of
3 the laws of 1989, is amended to read as follows:
4 1. Whenever proceedings in an administrative tribunal or a court of
5 this state result in a conviction for a crime under this chapter or a
6 traffic infraction under this chapter other than a traffic infraction
7 involving standing, stopping, parking or motor vehicle equipment or
8 violations by pedestrians or bicyclists, or other than an adjudication
9 in accordance with section eleven hundred eleven-c or eleven hundred
10 eleven-d of this chapter for a violation of a bus lane restriction as
11 defined in such sections, there shall be levied a mandatory surcharge,
12 in addition to any sentence required or permitted by law, in the amount
13 of seventeen dollars.
14 § 17. Paragraph a of subdivision 1 of section 1809-e of the vehicle
15 and traffic law, as amended by section 11 of part II of chapter 59 of
16 the laws of 2010, is amended to read as follows:
17 a. Notwithstanding any other provision of law, whenever proceedings in
18 a court or an administrative tribunal of this state result in a
19 conviction for an offense under this chapter, except a conviction pursu-
20 ant to section eleven hundred ninety-two of this chapter, or for a traf-
21 fic infraction under this chapter, or a local law, ordinance, rule or
22 regulation adopted pursuant to this chapter, except a traffic infraction
23 involving standing, stopping, or parking or violations by pedestrians or
24 bicyclists, and except an adjudication of liability of an owner for a
25 violation of subdivision (d) of section eleven hundred eleven of this
26 chapter in accordance with section eleven hundred eleven-a of this chap-
27 ter, and except an adjudication of liability of an owner for a violation
28 of subdivision (d) of section eleven hundred eleven of this chapter in
29 accordance with section eleven hundred eleven-b of this chapter, and
30 except an adjudication in accordance with section eleven hundred
31 eleven-c or eleven hundred eleven-d of this chapter of a violation of a
32 bus lane restriction as defined in such [section] sections, and except
33 an adjudication of liability of an owner for a violation of toll
34 collection regulations pursuant to section two thousand nine hundred
35 eighty-five of the public authorities law or sections sixteen-a,
36 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
37 laws of nineteen hundred fifty, there shall be levied in addition to any
38 sentence, penalty or other surcharge required or permitted by law, an
39 additional surcharge of twenty dollars.
40 § 18. Paragraph a of subdivision 1 of section 1809-e of the vehicle
41 and traffic law, as amended by section 11-a of part II of chapter 59 of
42 the laws of 2010, is amended to read as follows:
43 a. Notwithstanding any other provision of law, whenever proceedings in
44 a court or an administrative tribunal of this state result in a
45 conviction for an offense under this chapter, except a conviction pursu-
46 ant to section eleven hundred ninety-two of this chapter, or for a traf-
47 fic infraction under this chapter, or a local law, ordinance, rule or
48 regulation adopted pursuant to this chapter, except a traffic infraction
49 involving standing, stopping, or parking or violations by pedestrians or
50 bicyclists, and except an adjudication of liability of an owner for a
51 violation of subdivision (d) of section eleven hundred eleven of this
52 chapter in accordance with section eleven hundred eleven-a of this chap-
53 ter, and except an adjudication in accordance with section eleven
54 hundred eleven-c or eleven hundred eleven-d of this chapter of a
55 violation of a bus lane restriction as defined in such [section]
56 sections, and except an adjudication of liability of an owner for a
A. 8160--A 13
1 violation of toll collection regulations pursuant to section two thou-
2 sand nine hundred eighty-five of the public authorities law or sections
3 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
4 of the laws of nineteen hundred fifty, there shall be levied in addition
5 to any sentence, penalty or other surcharge required or permitted by
6 law, an additional surcharge of twenty dollars.
7 § 19. Paragraph a of subdivision 1 of section 1809-e of the vehicle
8 and traffic law, as added by section 1 of part EE of chapter 56 of the
9 laws of 2008, is amended to read as follows:
10 a. Notwithstanding any other provision of law, whenever proceedings in
11 a court or an administrative tribunal of this state result in a
12 conviction for an offense under this chapter, except a conviction pursu-
13 ant to section eleven hundred ninety-two of this chapter, or for a traf-
14 fic infraction under this chapter, or a local law, ordinance, rule or
15 regulation adopted pursuant to this chapter, except a traffic infraction
16 involving standing, stopping, or parking or violations by pedestrians or
17 bicyclists, and except an adjudication of liability of an owner for a
18 violation of subdivision (d) of section eleven hundred eleven of this
19 chapter in accordance with section eleven hundred eleven-a of this chap-
20 ter, and except an adjudication in accordance with section eleven
21 hundred eleven-d of this chapter of a violation of a bus lane
22 restriction as defined in such section, and except an adjudication of
23 liability of an owner for a violation of toll collection regulations
24 pursuant to section two thousand nine hundred eighty-five of the public
25 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
26 ter seven hundred seventy-four of the laws of nineteen hundred fifty,
27 there shall be levied in addition to any sentence, penalty or other
28 surcharge required or permitted by law, an additional surcharge of twen-
29 ty dollars.
30 § 20. Paragraph (l) of subdivision 2 of section 87 of the public
31 officers law, as added by section 12 of part II of chapter 59 of the
32 laws of 2010, is amended to read as follows:
33 (l) are photographs, microphotographs, videotape or other recorded
34 images produced by a bus lane photo device prepared under authority of
35 section eleven hundred eleven-c or eleven hundred eleven-d of the vehi-
36 cle and traffic law.
37 § 21. This act shall take effect on the ninetieth day after it shall
38 have become a law; provided, however, that:
39 (a) the amendments to paragraph a of subdivision 5-a of section 401 of
40 the vehicle and traffic law made by section seven of this act shall be
41 subject to the expiration and reversion of such paragraph pursuant to
42 section 17 of chapter 746 of the laws of 1988, as amended, when upon
43 such date the provisions of section eight of this act shall take effect;
44 (b) the amendments to paragraph a of subdivision 5-a of section 401 of
45 the vehicle and traffic law made by section eight of this act shall be
46 subject to the expiration and reversion of such paragraph pursuant to
47 chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, as amended,
48 when upon such date the provisions of section nine of this act shall
49 take effect;
50 (c) the amendments to paragraph a of subdivision 5-a of section 401 of
51 the vehicle and traffic law made by section nine of this act shall be
52 subject to the expiration and reversion of such paragraph pursuant to
53 section 14 of part II of chapter 59 of the laws of 2010, as amended,
54 when upon such date the provisions of section ten of this act shall take
55 effect;
A. 8160--A 14
1 (d) the amendments to subdivision (d) of section 1111-c of the vehicle
2 and traffic law made by section eleven of this act shall not affect the
3 repeal of such section and shall be deemed repealed therewith;
4 (e) the amendments to subdivision 1 of section 1809 of the vehicle and
5 traffic law made by section thirteen of this act shall be subject to the
6 expiration and reversion of such subdivision pursuant to subdivision (p)
7 of section 406 of chapter 166 of the laws of 1991, as amended, when upon
8 such date the provisions of section fourteen of this act shall take
9 effect;
10 (f) the amendments to subdivision 1 of section 1809 of the vehicle and
11 traffic law made by section fourteen of this act shall be subject to the
12 expiration and reversion of such subdivision pursuant to section 17 of
13 chapter 746 of the laws of 1988, and chapters 19, 20, 21, 22, 23 and 383
14 of the laws of 2009, as amended, when upon such date the provisions of
15 section fifteen of this act shall take effect;
16 (g) the amendments to subdivision 1 of section 1809 of the vehicle and
17 traffic law made by section fifteen of this act shall be subject to the
18 expiration and reversion of such subdivision pursuant to chapter 746 of
19 the laws of 1988, as amended, when upon such date the provisions of
20 section sixteen of this act shall take effect;
21 (h) the amendments to paragraph a of subdivision 1 of section 1809-e
22 of the vehicle and traffic law made by section seventeen of this act
23 shall be subject to the expiration and reversion of such paragraph
24 pursuant to chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, as
25 amended, when upon such date the provisions of section eighteen of this
26 act shall take effect;
27 (i) the amendments to paragraph a of subdivision 1 of section 1809-e
28 of the vehicle and traffic law made by section eighteen of this act
29 shall be subject to the expiration and reversion of such subdivision
30 pursuant to chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, as
31 amended, when upon such date the provisions of section nineteen of this
32 act shall take effect; and
33 (j) the amendments to paragraph (1) of subdivision 2 of section 87 of
34 the public officers law made by section twenty of this act shall not
35 affect the repeal of such paragraph and shall be deemed repealed there-
36 with.
