STATE OF NEW YORK
________________________________________________________________________
5559--A
2011-2012 Regular Sessions
IN SENATE
June 1, 2011
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- recom-
mitted to the Committee on Transportation in accordance with Senate
Rule 6, sec. 8 -- 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; (b) article one
17 hundred thirty-nine of the health code of the city of New York, as it
18 may be amended from time to time, relating to public transportation
19 facilities; and (c) article four of the noise control code of the city
20 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11839-05-1
S. 5559--A 2
1 lations which may from time to time be established by the triborough
2 bridge and tunnel authority in accordance with the provisions of section
3 two thousand nine hundred eighty-five of this chapter; (e) bus lane
4 restrictions enforced by photo devices in accordance with section eleven
5 hundred eleven-d of the vehicle and traffic law; and (f) bus lane
6 restrictions for notices of violation issued by authorized authority
7 employees in accordance with section two hundred thirty-eight of the
8 vehicle and traffic law. Matters within the jurisdiction of the bureau
9 except violations of the rules and regulations of the triborough bridge
10 and tunnel authority shall be known for purposes of this section as
11 transit infractions, which include violations of bus lane restrictions
12 enforced by photo devices in accordance with section eleven hundred
13 eleven-d of the vehicle and traffic law and notices of violation of bus
14 lane restrictions issued by authorized authority employees in accordance
15 with section two hundred thirty-eight of the vehicle and traffic law.
16 Nothing [herein] in this subdivision shall be construed to divest juris-
17 diction from any court now having jurisdiction over any criminal charge
18 or traffic infraction relating to any act committed in a transit or toll
19 facility or a designated bus lane, or to impair the ability of a police
20 officer to conduct a lawful search of a person in a transit facility.
21 The criminal court of the city of New York shall continue to have juris-
22 diction over any criminal charge or traffic infraction brought for
23 violation of the rules of the authority or the triborough bridge and
24 tunnel authority, as well as jurisdiction relating to any act which may
25 constitute a crime or an offense under any law of the state of New York
26 or any municipality or political subdivision thereof and which may also
27 constitute a violation of such rules. The bureau shall have concurrent
28 jurisdiction with the environmental control board and the administrative
29 tribunal of the department of health over the aforesaid provisions of
30 the health code and noise control code of the city of New York.
31 § 2. Paragraphs b and j of subdivision 4 of section 1209-a of the
32 public authorities law, as amended by chapter 379 of the laws of 1992,
33 are amended to read as follows:
34 b. To impose civil penalties not to exceed a total of one hundred
35 fifty dollars for any transit infraction within its jurisdiction, in
36 accordance with a penalty schedule established by the authority except
37 that penalties for violations of the health code of the city of New York
38 shall be in accordance with the penalties established for such
39 violations by the board of health of the city of New York, and penalties
40 for violations of the noise code of the city of New York shall be in
41 accordance with the penalties established for such violations by law,
42 and civil penalties for violations of the rules and regulations of the
43 triborough bridge and tunnel authority shall be in accordance with the
44 penalties established for such violations by section two thousand nine
45 hundred eighty-five of this chapter, and that penalties for violations
46 of bus lane restrictions enforced by photo devices and for notices of
47 violation of bus lane restrictions issued by authorized authority
48 employees in accordance with section two hundred thirty-eight of the
49 vehicle and traffic law shall be in accordance with the penalties set
50 forth in section eleven hundred eleven-d of the vehicle and traffic law;
51 j. To adjudicate the liability of motor vehicle owners for violations
52 of rules and regulations established in accordance with the provisions
53 of section two thousand nine hundred eighty-five of this chapter and
54 section eleven hundred eleven-d of the vehicle and traffic law, and for
55 notices of violation of bus lane restrictions issued by authorized
S. 5559--A 3
1 authority employees in accordance with section two hundred thirty-eight
2 of the vehicle and traffic law.
3 § 3. Section 1209-a of the public authorities law is amended by adding
4 two new subdivisions 5-a and 5-b to read as follows:
5 5-a. Notices of liability for violation of bus lane restrictions;
6 photo devices. Notices of liability for violation of bus lane
7 restrictions enforced by photo devices shall be prepared and mailed in
8 accordance with section eleven hundred eleven-d of the vehicle and traf-
9 fic law.
10 5-b. Notices of violation of bus lane restrictions; authorized author-
11 ity employees. Notices of violation of bus lane restrictions issued by
12 authorized authority employees shall be in accordance with section two
13 hundred thirty-eight of the vehicle and traffic law.
14 § 4. Subdivision 6 of section 1209-a of the public authorities law, as
15 amended by chapter 379 of the laws of 1992, is amended to read as
16 follows:
17 6. Defaults. Where a respondent has failed to plead to a notice of
18 violation or to a notice of liability issued pursuant to section two
19 thousand nine hundred eighty-five of this chapter or section eleven
20 hundred eleven-d of the vehicle and traffic law or to a notice of
21 violation of bus lane restrictions issued by authorized authority
22 employees in accordance with section two hundred thirty-eight of the
23 vehicle and traffic law within the time allowed by the rules of said
24 bureau or has failed to appear on a designated hearing date or a subse-
25 quent date following an adjournment, such failure to plead or appear
26 shall be deemed, for all purposes, to be an admission of liability and
27 shall be grounds for rendering a default decision and order imposing a
28 penalty in such amount as may be prescribed by the authority, or in
29 accordance with section eleven hundred eleven-d of the vehicle and traf-
30 fic law for a default on a violation of bus lane restrictions enforced
31 by photo devices or on a notice of violation of bus lane restrictions
32 issued by authorized authority employees in accordance with section two
33 hundred thirty-eight of the vehicle and traffic law.
34 § 5. Paragraph g of subdivision 7 of section 1209-a of the public
35 authorities law, as amended by chapter 379 of the laws of 1992, is
36 amended to read as follows:
37 g. After due consideration of the evidence and arguments, the hearing
38 officer shall determine whether the charges or allegations have been
39 established. No charge may be established except upon proof by clear and
40 convincing evidence except allegations of civil liability for violations
41 of triborough bridge and tunnel authority rules and regulations will be
42 established in accordance with the provisions of section two thousand
43 nine hundred eighty-five of this chapter. Where the charges have not
44 been established, an order dismissing the charges or allegations shall
45 be entered. Where a determination is made that a charge or allegation
46 has been established or if an answer admitting the charge or allegation
47 has been received, the hearing officer shall set a penalty in accordance
48 with the penalty schedule established by the authority, or for allega-
49 tions of civil liability in accordance with the provisions of section
50 two thousand nine hundred eighty-five of this chapter; or for notices of
51 liability for violation of bus lane restrictions enforced by photo
52 devices or notices of violation of bus lane restrictions issued by
53 authorized authority employees in accordance with section two hundred
54 thirty-eight of the vehicle and traffic law, the penalty shall be set in
55 accordance with section eleven hundred eleven-d of the vehicle and traf-
56 fic law, and an appropriate order shall be entered in the records of the
S. 5559--A 4
1 bureau. The respondent shall be given notice of such entry in person or
2 by certified mail. This order shall constitute the final determination
3 of the hearing officer, and for purposes of review it shall be deemed to
4 incorporate any intermediate determinations made by said officer in the
5 course of the proceeding. When no appeal is filed this order shall be
6 the final order of the bureau.
7 § 6. Subdivision 10 of section 1209-a of the public authorities law,
8 as amended by chapter 379 of the laws of 1992, is amended to read as
9 follows:
10 10. Funds. All penalties collected pursuant to the provisions of this
11 section shall be paid to the authority to the credit of a transit crime
12 fund which the authority shall establish. Any sums in this fund shall be
13 used to pay for programs selected by the board of the authority, in its
14 discretion, to reduce the incidence of crimes and infractions on transit
15 facilities or violation of bus lane restrictions, or to improve the
16 enforcement of laws against such crimes and infractions. Such funds
17 shall be in addition to and not in substitution for any funds provided
18 by the state or the city of New York for such purposes.
19 § 7. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
20 of the vehicle and traffic law, as amended by section 1 of part SS of
21 chapter 57 of the laws of 2010, is amended to read as follows:
22 (i) If at the time of application for a registration or renewal there-
23 of there is a certification from a court, parking violations bureau,
24 traffic and parking violations agency or administrative tribunal of
25 appropriate jurisdiction [or administrative tribunal of appropriate
26 jurisdiction] that the registrant or his or her representative failed to
27 appear on the return date or any subsequent adjourned date or failed to
28 comply with the rules and regulations of an administrative tribunal
29 following entry of a final decision in response to a total of three or
30 more summonses or other process in the aggregate, issued within an eigh-
31 teen month period, charging either that: (i) such motor vehicle was
32 parked, stopped or standing, or that such motor vehicle was operated for
33 hire by the registrant or his or her agent without being licensed as a
34 motor vehicle for hire by the appropriate local authority, in violation
35 of any of the provisions of this chapter or of any law, ordinance, rule
36 or regulation made by a local authority; or (ii) the registrant was
37 liable in accordance with section eleven hundred eleven-a of this chap-
38 ter or section eleven hundred eleven-b of this chapter for a violation
39 of subdivision (d) of section eleven hundred eleven of this chapter; or
40 (iii) the registrant was liable in accordance with section eleven
41 hundred eleven-c or eleven hundred eleven-d of this chapter for a
42 violation of a bus lane restriction as defined in such [section]
43 sections, the commissioner or his or her agent shall deny the registra-
44 tion or renewal application until the applicant provides proof from the
45 court, traffic and parking violations agency or administrative tribunal
46 wherein the charges are pending that an appearance or answer has been
47 made or in the case of an administrative tribunal that he or she has
48 complied with the rules and regulations of said tribunal following entry
49 of a final decision. Where an application is denied pursuant to this
50 section, the commissioner may, in his or her discretion, deny a regis-
51 tration or renewal application to any other person for the same vehicle
52 and may deny a registration or renewal application for any other motor
53 vehicle registered in the name of the applicant where the commissioner
54 has determined that such registrant's intent has been to evade the
55 purposes of this subdivision and where the commissioner has reasonable
56 grounds to believe that such registration or renewal will have the
S. 5559--A 5
1 effect of defeating the purposes of this subdivision. Such denial shall
2 only remain in effect as long as the summonses remain unanswered, or in
3 the case of an administrative tribunal, the registrant fails to comply
4 with the rules and regulations following entry of a final decision.
5 § 8. Paragraph a of subdivision 5-a of section 401 of the vehicle and
6 traffic law, as amended by section 8-a of part II of chapter 59 of the
7 laws of 2010, is amended to read as follows:
8 a. If at the time of application for a registration or renewal thereof
9 there is a certification from a court or administrative tribunal of
10 appropriate jurisdiction that the registrant or his or her represen-
11 tative failed to appear on the return date or any subsequent adjourned
12 date or failed to comply with the rules and regulations of an adminis-
13 trative tribunal following entry of a final decision in response to a
14 total of three or more summonses or other process in the aggregate,
15 issued within an eighteen month period, charging either that: (i) such
16 motor vehicle was parked, stopped or standing, or that such motor vehi-
17 cle was operated for hire by the registrant or his or her agent without
18 being licensed as a motor vehicle for hire by the appropriate local
19 authority, in violation of any of the provisions of this chapter or of
20 any law, ordinance, rule or regulation made by a local authority; or
21 (ii) the registrant was liable in accordance with section eleven hundred
22 eleven-b of this chapter for a violation of subdivision (d) of section
23 eleven hundred eleven of this chapter; or (iii) the registrant was
24 liable in accordance with section eleven hundred eleven-c or eleven
25 hundred eleven-d of this chapter for a violation of a bus lane
26 restriction as defined in such [section] sections, the commissioner or
27 his or her agent shall deny the registration or renewal application
28 until the applicant provides proof from the court or administrative
29 tribunal wherein the charges are pending that an appearance or answer
30 has been made or in the case of an administrative tribunal that he or
31 she has complied with the rules and regulations of said tribunal follow-
32 ing entry of a final decision. Where an application is denied pursuant
33 to this section, the commissioner may, in his or her discretion, deny a
34 registration or renewal application to any other person for the same
35 vehicle and may deny a registration or renewal application for any other
36 motor vehicle registered in the name of the applicant where the commis-
37 sioner has determined that such registrant's intent has been to evade
38 the purposes of this subdivision and where the commissioner has reason-
39 able grounds to believe that such registration or renewal will have the
40 effect of defeating the purposes of this subdivision. Such denial shall
41 only remain in effect as long as the summonses remain unanswered, or in
42 the case of an administrative tribunal, the registrant fails to comply
43 with the rules and regulations following entry of a final decision.
44 § 9. Paragraph a of subdivision 5-a of section 401 of the vehicle and
45 traffic law, as amended by section 8-b of part II of chapter 59 of the
46 laws of 2010, is amended to read as follows:
47 a. If at the time of application for a registration or renewal thereof
48 there is a certification from a court or administrative tribunal of
49 appropriate jurisdiction that the registrant or his or her represen-
50 tative failed to appear on the return date or any subsequent adjourned
51 date or failed to comply with the rules and regulations of an adminis-
52 trative tribunal following entry of a final decision in response to
53 three or more summonses or other process, issued within an eighteen
54 month period, charging that such motor vehicle was parked, stopped or
55 standing, or that such motor vehicle was operated for hire by the regis-
56 trant or his or her agent without being licensed as a motor vehicle for
S. 5559--A 6
1 hire by the appropriate local authority, in violation of any of the
2 provisions of this chapter or of any law, ordinance, rule or regulation
3 made by a local authority or the registrant was liable in accordance
4 with section eleven hundred eleven-c or eleven hundred eleven-d of this
5 chapter for a violation of a bus lane restriction as defined in such
6 [section] sections, the commissioner or his or her agent shall deny the
7 registration or renewal application until the applicant provides proof
8 from the court or administrative tribunal wherein the charges are pend-
9 ing that an appearance or answer has been made or in the case of an
10 administrative tribunal that he or she has complied with the rules and
11 regulations of said tribunal following entry of a final decision. Where
12 an application is denied pursuant to this section, the commissioner may,
13 in his or her discretion, deny a registration or renewal application to
14 any other person for the same vehicle and may deny a registration or
15 renewal application for any other motor vehicle registered in the name
16 of the applicant where the commissioner has determined that such regis-
17 trant's intent has been to evade the purposes of this subdivision and
18 where the commissioner has reasonable grounds to believe that such
19 registration or renewal will have the effect of defeating the purposes
20 of this subdivision. Such denial shall only remain in effect as long as
21 the summonses remain unanswered, or in the case of an administrative
22 tribunal, the registrant fails to comply with the rules and regulations
23 following entry of a final decision.
24 § 10. Paragraph a of subdivision 5-a of section 401 of the vehicle and
25 traffic law, as separately amended by chapters 339 and 592 of the laws
26 of 1987, is amended to read as follows:
27 a. If at the time of application for a registration or renewal thereof
28 there is a certification from a court or administrative tribunal of
29 appropriate jurisdiction that the registrant or his or her represen-
30 tative failed to appear on the return date or any subsequent adjourned
31 date or failed to comply with the rules and regulations of an adminis-
32 trative tribunal following entry of a final decision in response to
33 three or more summonses or other process, issued within an eighteen
34 month period, charging that such motor vehicle was parked, stopped or
35 standing, or that such motor vehicle was operated for hire by the regis-
36 trant or his or her agent without being licensed as a motor vehicle for
37 hire by the appropriate local authority, in violation of any of the
38 provisions of this chapter or of any law, ordinance, rule or regulation
39 made by a local authority, or the registrant was liable in accordance
40 with section eleven hundred eleven-d of this chapter for a violation of
41 a bus lane restriction as defined in such section, the commissioner or
42 his or her agent shall deny the registration or renewal application
43 until the applicant provides proof from the court or administrative
44 tribunal wherein the charges are pending that an appearance or answer
45 has been made or in the case of an administrative tribunal that he or
46 she has complied with the rules and regulations of said tribunal follow-
47 ing entry of a final decision. Where an application is denied pursuant
48 to this section, the commissioner may, in his or her discretion, deny a
49 registration or renewal application to any other person for the same
50 vehicle and may deny a registration or renewal application for any other
51 motor vehicle registered in the name of the applicant where the commis-
52 sioner has determined that such registrant's intent has been to evade
53 the purposes of this subdivision and where the commissioner has reason-
54 able 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
S. 5559--A 7
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 § 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 chapter. 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
S. 5559--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 4-12(m) and
31 4-08(a)(3) of title 34 of the rules of the city of New York or any such
32 rules of a city with a population of one million or more.
33 4. "designated bus lane" shall mean a vehicle lane dedicated for the
34 exclusive use of buses, which includes bus stops within the designated
35 bus lane.
36 (d) A certificate, or a facsimile thereof, sworn to or affirmed by a
37 technician employed by the authority or any other entity authorized by
38 the authority, based upon inspection of photographs, microphotographs,
39 videotape or other recorded images produced by a bus lane photo device,
40 shall be prima facie evidence of the facts contained therein. Any photo-
41 graphs, microphotographs, videotape or other recorded images evidencing
42 such a violation shall be available for inspection in any proceeding to
43 adjudicate the liability for such violation pursuant to this section.
44 (e) An owner liable for a violation of a bus lane restriction under
45 this section shall be liable for monetary penalties in accordance with a
46 schedule of fines and penalties promulgated by the parking violations
47 bureau of a city with a population of one million or more; provided,
48 however, that the monetary penalty for violating a bus lane restriction
49 shall not exceed one hundred fifteen dollars; provided, further, that an
50 owner shall be liable for an additional penalty not to exceed twenty-
51 five dollars for each violation for the failure to respond to a notice
52 of liability within the prescribed time period.
53 (f) An imposition of liability pursuant to this section shall not be
54 deemed a conviction of an operator and shall not be made part of the
55 operating record of the person upon whom such liability is imposed, nor
S. 5559--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
S. 5559--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 (1) 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 fourteen 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
S. 5559--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.
S. 5559--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-d of this chapter for a
10 violation of a bus lane restriction as defined in such section, there
11 shall be levied a mandatory surcharge, in addition to any sentence
12 required or permitted by law, in the amount of seventeen dollars.
13 § 17. Paragraph a of subdivision 1 of section 1809-e of the vehicle
14 and traffic law, as amended by section 11 of part II of chapter 59 of
15 the laws of 2010, is amended to read as follows:
16 a. Notwithstanding any other provision of law, whenever proceedings in
17 a court or an administrative tribunal of this state result in a
18 conviction for an offense under this chapter, except a conviction pursu-
19 ant to section eleven hundred ninety-two of this chapter, or for a traf-
20 fic infraction under this chapter, or a local law, ordinance, rule or
21 regulation adopted pursuant to this chapter, except a traffic infraction
22 involving standing, stopping, or parking or violations by pedestrians or
23 bicyclists, and except an adjudication of liability of an owner for a
24 violation of subdivision (d) of section eleven hundred eleven of this
25 chapter in accordance with section eleven hundred eleven-a of this chap-
26 ter, and except an adjudication of liability of an owner for a violation
27 of subdivision (d) of section eleven hundred eleven of this chapter in
28 accordance with section eleven hundred eleven-b of this chapter, and
29 except an adjudication in accordance with section eleven hundred
30 eleven-c or eleven hundred eleven-d of this chapter of a violation of a
31 bus lane restriction as defined in such [section] sections, and except
32 an adjudication of liability of an owner for a violation of toll
33 collection regulations pursuant to section two thousand nine hundred
34 eighty-five of the public authorities law or sections sixteen-a,
35 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
36 laws of nineteen hundred fifty, there shall be levied in addition to any
37 sentence, penalty or other surcharge required or permitted by law, an
38 additional surcharge of twenty dollars.
39 § 18. Paragraph a of subdivision 1 of section 1809-e of the vehicle
40 and traffic law, as amended by section 11-a of part II of chapter 59 of
41 the laws of 2010, is amended to read as follows:
42 a. Notwithstanding any other provision of law, whenever proceedings in
43 a court or an administrative tribunal of this state result in a
44 conviction for an offense under this chapter, except a conviction pursu-
45 ant to section eleven hundred ninety-two of this chapter, or for a traf-
46 fic infraction under this chapter, or a local law, ordinance, rule or
47 regulation adopted pursuant to this chapter, except a traffic infraction
48 involving standing, stopping, or parking or violations by pedestrians or
49 bicyclists, and except an adjudication of liability of an owner for a
50 violation of subdivision (d) of section eleven hundred eleven of this
51 chapter in accordance with section eleven hundred eleven-a of this chap-
52 ter, and except an adjudication in accordance with section eleven
53 hundred eleven-c or eleven hundred eleven-d of this chapter of a
54 violation of a bus lane restriction as defined in such [section]
55 sections, and except an adjudication of liability of an owner for a
56 violation of toll collection regulations pursuant to section two thou-
S. 5559--A 13
1 sand nine hundred eighty-five of the public authorities law or sections
2 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
3 of the laws of nineteen hundred fifty, there shall be levied in addition
4 to any sentence, penalty or other surcharge required or permitted by
5 law, an additional surcharge of twenty dollars.
6 § 19. Paragraph a of subdivision 1 of section 1809-e of the vehicle
7 and traffic law, as added by section 1 of part EE of chapter 56 of the
8 laws of 2008, is amended to read as follows:
9 a. Notwithstanding any other provision of law, whenever proceedings in
10 a court or an administrative tribunal of this state result in a
11 conviction for an offense under this chapter, except a conviction pursu-
12 ant to section eleven hundred ninety-two of this chapter, or for a traf-
13 fic infraction under this chapter, or a local law, ordinance, rule or
14 regulation adopted pursuant to this chapter, except a traffic infraction
15 involving standing, stopping, or parking or violations by pedestrians or
16 bicyclists, and except an adjudication of liability of an owner for a
17 violation of subdivision (d) of section eleven hundred eleven of this
18 chapter in accordance with section eleven hundred eleven-a of this chap-
19 ter, and except an adjudication in accordance with section eleven
20 hundred eleven-d of this chapter a violation of a bus lane restriction
21 as defined in such section, and except an adjudication of liability of
22 an owner for a violation of toll collection regulations pursuant to
23 section two thousand nine hundred eighty-five of the public authorities
24 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
25 hundred seventy-four of the laws of nineteen hundred fifty, there shall
26 be levied in addition to any sentence, penalty or other surcharge
27 required or permitted by law, an additional surcharge of twenty dollars.
28 § 20. Paragraph (l) of subdivision 2 of section 87 of the public
29 officers law, as added by section 12 of part II of chapter 59 of the
30 laws of 2010, is amended to read as follows:
31 (l) are photographs, microphotographs, videotape or other recorded
32 images produced by a bus lane photo device prepared under authority of
33 section eleven hundred eleven-c or eleven hundred eleven-d of the vehi-
34 cle and traffic law.
35 § 21. This act shall take effect on the ninetieth day after it shall
36 have become a law; provided, however, that:
37 (a) the amendments to paragraph (i) of subdivision a of section 401 of
38 the vehicle and traffic law made by section seven of this act shall not
39 affect the expiration of such subdivision and shall expire therewith,
40 when upon such date section eight of this act shall take effect;
41 (b) the amendments to subdivision a of section 401 of the vehicle and
42 traffic law as made by section eight of this act shall not affect the
43 expiration of such subdivision and shall expire therewith, when upon
44 such date section nine of this act shall take effect;
45 (c) the amendments to subdivision a of section 401 of the vehicle and
46 traffic law as made by section nine of this act shall not affect the
47 expiration of such subdivision and shall expire therewith, when upon
48 such date section ten of this act shall take effect;
49 (d) the amendments to subdivision (d) of section 1111-c of the vehicle
50 and traffic law made by section eleven of this act shall not affect the
51 repeal of such subdivision and shall be deemed to repeal therewith;
52 (e) the amendments to the opening paragraph and paragraph (c) of
53 subdivision one of section 1809 of the vehicle and traffic law made by
54 section thirteen of this act shall not affect the expiration of such
55 subdivision and shall expire therewith, when upon such date, section
56 fourteen of this act shall take effect;
S. 5559--A 14
1 (f) the amendments to subdivision 1 of section 1809 of the vehicle and
2 traffic law made by section fourteen of this act shall not affect the
3 expiration of such subdivision and shall expire therewith when upon such
4 date, section fifteen of this act shall take effect;
5 (g) the amendments to subdivision 1 of section 1809 of the vehicle and
6 traffic law made by section fifteen of this act shall not affect the
7 expiration of such subdivision and shall expire therewith when upon such
8 date, section sixteen of this act shall take effect;
9 (h) the amendments to paragraph a of subdivision 1 of section 1809-e
10 of the vehicle and traffic law made by section seventeen of this act
11 shall not affect the expiration of such subdivision and shall expire
12 therewith when upon such date, section eighteen of this act shall take
13 effect;
14 (i) the amendments to paragraph a of subdivision 1 of section 1809-e
15 of the vehicle and traffic law made by section eighteen of this act
16 shall not affect the expiration of such subdivision and shall expire
17 therewith when upon such date, section nineteen of this act shall take
18 effect; and
19 (j) the amendments to paragraph (l) of subdivision 2 of section 87 of
20 the public officers law made by section twenty of this act shall not
21 affect the repeal of such subdivision and shall be deemed to repeal
22 therewith.
