STATE OF NEW YORK
________________________________________________________________________
5762
2011-2012 Regular Sessions
IN SENATE
June 14, 2011
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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-
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
24 two thousand nine hundred eighty-five of this chapter; (e) bus lane
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11839-04-1
S. 5762 2
1 restrictions enforced by photo devices in accordance with section eleven
2 hundred eleven-d of the vehicle and traffic law; and (f) bus lane
3 restrictions for notices of violation issued by authorized authority
4 employees in accordance with section two hundred thirty-eight of the
5 vehicle and traffic law. Matters within the jurisdiction of the bureau
6 except violations of the rules and regulations of the triborough bridge
7 and tunnel authority shall be known for purposes of this section as
8 transit infractions, which include violations of bus lane restrictions
9 enforced by photo devices in accordance with section eleven hundred
10 eleven-d of the vehicle and traffic law and notices of violation of bus
11 lane restrictions issued by authorized authority employees in accordance
12 with section two hundred thirty-eight of the vehicle and traffic law.
13 Nothing [herein] in this subdivision shall be construed to divest juris-
14 diction from any court now having jurisdiction over any criminal charge
15 or traffic infraction relating to any act committed in a transit or toll
16 facility or a designated bus lane, or to impair the ability of a police
17 officer to conduct a lawful search of a person in a transit facility.
18 The criminal court of the city of New York shall continue to have juris-
19 diction over any criminal charge or traffic infraction brought for
20 violation of the rules of the authority or the triborough bridge and
21 tunnel authority, as well as jurisdiction relating to any act which may
22 constitute a crime or an offense under any law of the state of New York
23 or any municipality or political subdivision thereof and which may also
24 constitute a violation of such rules. The bureau shall have concurrent
25 jurisdiction with the environmental control board and the administrative
26 tribunal of the department of health over the aforesaid provisions of
27 the health code and noise control code of the city of New York.
28 § 2. Paragraphs b and j of subdivision 4 of section 1209-a of the
29 public authorities law, as amended by chapter 379 of the laws of 1992,
30 are amended to read as follows:
31 b. To impose civil penalties not to exceed a total of one hundred
32 fifty dollars for any transit infraction within its jurisdiction, in
33 accordance with a penalty schedule established by the authority except
34 that penalties for violations of the health code of the city of New York
35 shall be in accordance with the penalties established for such
36 violations by the board of health of the city of New York, and penalties
37 for violations of the noise code of the city of New York shall be in
38 accordance with the penalties established for such violations by law,
39 and civil penalties for violations of the rules and regulations of the
40 triborough bridge and tunnel authority shall be in accordance with the
41 penalties established for such violations by section two thousand nine
42 hundred eighty-five of this chapter, and that penalties for violations
43 of bus lane restrictions enforced by photo devices and for notices of
44 violation of bus lane restrictions issued by authorized authority
45 employees in accordance with section two hundred thirty-eight of the
46 vehicle and traffic law shall be in accordance with the penalties set
47 forth in section eleven hundred eleven-d of the vehicle and traffic law;
48 j. To adjudicate the liability of motor vehicle owners for violations
49 of rules and regulations established in accordance with the provisions
50 of section two thousand nine hundred eighty-five of this chapter and
51 section eleven hundred eleven-d of the vehicle and traffic law, and for
52 notices of violation of bus lane restrictions issued by authorized
53 authority employees in accordance with section two hundred thirty-eight
54 of the vehicle and traffic law.
55 § 3. Section 1209-a of the public authorities law is amended by adding
56 two new subdivisions 5-a and 5-b to read as follows:
S. 5762 3
1 5-a. Notices of liability for violation of bus lane restrictions;
2 photo devices. Notices of liability for violation of bus lane
3 restrictions enforced by photo devices shall be prepared and mailed in
4 accordance with section eleven hundred eleven-d of the vehicle and traf-
5 fic law.
6 5-b. Notices of violation of bus lane restrictions; authorized author-
7 ity employees. Notices of violation of bus lane restrictions issued by
8 authorized authority employees shall be in accordance with section two
9 hundred thirty-eight of the vehicle and traffic law.
10 § 4. Subdivision 6 of section 1209-a of the public authorities law, as
11 amended by chapter 379 of the laws of 1992, is amended to read as
12 follows:
13 6. Defaults. Where a respondent has failed to plead to a notice of
14 violation or to a notice of liability issued pursuant to section two
15 thousand nine hundred eighty-five of this chapter or section eleven
16 hundred eleven-d of the vehicle and traffic law or to a notice of
17 violation of bus lane restrictions issued by authorized authority
18 employees in accordance with section two hundred thirty-eight of the
19 vehicle and traffic law within the time allowed by the rules of said
20 bureau or has failed to appear on a designated hearing date or a subse-
21 quent date following an adjournment, such failure to plead or appear
22 shall be deemed, for all purposes, to be an admission of liability and
23 shall be grounds for rendering a default decision and order imposing a
24 penalty in such amount as may be prescribed by the authority, or in
25 accordance with section eleven hundred eleven-d of the vehicle and traf-
26 fic law for a default on a violation of bus lane restrictions enforced
27 by photo devices or on a notice of violation of bus lane restrictions
28 issued by authorized authority employees in accordance with section two
29 hundred thirty-eight of the vehicle and traffic law.
30 § 5. Paragraph g of subdivision 7 of section 1209-a of the public
31 authorities law, as amended by chapter 379 of the laws of 1992, is
32 amended to read as follows:
33 g. After due consideration of the evidence and arguments, the hearing
34 officer shall determine whether the charges or allegations have been
35 established. No charge may be established except upon proof by clear and
36 convincing evidence except allegations of civil liability for violations
37 of triborough bridge and tunnel authority rules and regulations will be
38 established in accordance with the provisions of section two thousand
39 nine hundred eighty-five of this chapter. Where the charges have not
40 been established, an order dismissing the charges or allegations shall
41 be entered. Where a determination is made that a charge or allegation
42 has been established or if an answer admitting the charge or allegation
43 has been received, the hearing officer shall set a penalty in accordance
44 with the penalty schedule established by the authority, or for allega-
45 tions of civil liability in accordance with the provisions of section
46 two thousand nine hundred eighty-five of this chapter; or for notices of
47 liability for violation of bus lane restrictions enforced by photo
48 devices or notices of violation of bus lane restrictions issued by
49 authorized authority employees in accordance with section two hundred
50 thirty-eight of the vehicle and traffic law, the penalty shall be set in
51 accordance with section eleven hundred eleven-d of the vehicle and traf-
52 fic law, and an appropriate order shall be entered in the records of the
53 bureau. The respondent shall be given notice of such entry in person or
54 by certified mail. This order shall constitute the final determination
55 of the hearing officer, and for purposes of review it shall be deemed to
56 incorporate any intermediate determinations made by said officer in the
S. 5762 4
1 course of the proceeding. When no appeal is filed this order shall be
2 the final order of the bureau.
3 § 6. Subdivision 10 of section 1209-a of the public authorities law,
4 as amended by chapter 379 of the laws of 1992, is amended to read as
5 follows:
6 10. Funds. All penalties collected pursuant to the provisions of this
7 section shall be paid to the authority to the credit of a transit crime
8 fund which the authority shall establish. Any sums in this fund shall be
9 used to pay for programs selected by the board of the authority, in its
10 discretion, to reduce the incidence of crimes and infractions on transit
11 facilities or violation of bus lane restrictions, or to improve the
12 enforcement of laws against such crimes and infractions. Such funds
13 shall be in addition to and not in substitution for any funds provided
14 by the state or the city of New York for such purposes.
15 § 7. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
16 of the vehicle and traffic law, as amended by section 1 of part SS of
17 chapter 57 of the laws of 2010, is amended to read as follows:
18 (i) If at the time of application for a registration or renewal there-
19 of there is a certification from a court, parking violations bureau,
20 traffic and parking violations agency or administrative tribunal of
21 appropriate jurisdiction [or administrative tribunal of appropriate
22 jurisdiction] that the registrant or his or her representative failed to
23 appear on the return date or any subsequent adjourned date or failed to
24 comply with the rules and regulations of an administrative tribunal
25 following entry of a final decision in response to a total of three or
26 more summonses or other process in the aggregate, issued within an eigh-
27 teen month period, charging either that: (i) such motor vehicle was
28 parked, stopped or standing, or that such motor vehicle was operated for
29 hire by the registrant or his or her agent without being licensed as a
30 motor vehicle for hire by the appropriate local authority, in violation
31 of any of the provisions of this chapter or of any law, ordinance, rule
32 or regulation made by a local authority; or (ii) the registrant was
33 liable in accordance with section eleven hundred eleven-a of this chap-
34 ter or section eleven hundred eleven-b of this chapter for a violation
35 of subdivision (d) of section eleven hundred eleven of this chapter; or
36 (iii) the registrant was liable in accordance with section eleven
37 hundred eleven-c or eleven hundred eleven-d of this chapter for a
38 violation of a bus lane restriction as defined in such [section]
39 sections, the commissioner or his or her agent shall deny the registra-
40 tion or renewal application until the applicant provides proof from the
41 court, traffic and parking violations agency or administrative tribunal
42 wherein the charges are pending that an appearance or answer has been
43 made or in the case of an administrative tribunal that he or she has
44 complied with the rules and regulations of said tribunal following entry
45 of a final decision. Where an application is denied pursuant to this
46 section, the commissioner may, in his or her discretion, deny a regis-
47 tration or renewal application to any other person for the same vehicle
48 and may deny a registration or renewal application for any other motor
49 vehicle registered in the name of the applicant where the commissioner
50 has determined that such registrant's intent has been to evade the
51 purposes of this subdivision and where the commissioner has reasonable
52 grounds to believe that such registration or renewal will have the
53 effect of defeating the purposes of this subdivision. Such denial shall
54 only remain in effect as long as the summonses remain unanswered, or in
55 the case of an administrative tribunal, the registrant fails to comply
56 with the rules and regulations following entry of a final decision.
S. 5762 5
1 § 8. Paragraph a of subdivision 5-a of section 401 of the vehicle and
2 traffic law, as amended by section 8-a of part II of chapter 59 of the
3 laws of 2010, is amended to read as follows:
4 a. If at the time of application for a registration or renewal thereof
5 there is a certification from a court or administrative tribunal of
6 appropriate jurisdiction that the registrant or his or her represen-
7 tative failed to appear on the return date or any subsequent adjourned
8 date or failed to comply with the rules and regulations of an adminis-
9 trative tribunal following entry of a final decision in response to a
10 total of three or more summonses or other process in the aggregate,
11 issued within an eighteen month period, charging either that: (i) such
12 motor vehicle was parked, stopped or standing, or that such motor vehi-
13 cle was operated for hire by the registrant or his or her agent without
14 being licensed as a motor vehicle for hire by the appropriate local
15 authority, in violation of any of the provisions of this chapter or of
16 any law, ordinance, rule or regulation made by a local authority; or
17 (ii) the registrant was liable in accordance with section eleven hundred
18 eleven-b of this chapter for a violation of subdivision (d) of section
19 eleven hundred eleven of this chapter; or (iii) the registrant was
20 liable in accordance with section eleven hundred eleven-c or eleven
21 hundred eleven-d of this chapter for a violation of a bus lane
22 restriction as defined in such [section] sections, the commissioner or
23 his or her agent shall deny the registration or renewal application
24 until the applicant provides proof from the court or administrative
25 tribunal wherein the charges are pending that an appearance or answer
26 has been made or in the case of an administrative tribunal that he or
27 she has complied with the rules and regulations of said tribunal follow-
28 ing entry of a final decision. Where an application is denied pursuant
29 to this section, the commissioner may, in his or her discretion, deny a
30 registration or renewal application to any other person for the same
31 vehicle and may deny a registration or renewal application for any other
32 motor vehicle registered in the name of the applicant where the commis-
33 sioner has determined that such registrant's intent has been to evade
34 the purposes of this subdivision and where the commissioner has reason-
35 able grounds to believe that such registration or renewal will have the
36 effect of defeating the purposes of this subdivision. Such denial shall
37 only remain in effect as long as the summonses remain unanswered, or in
38 the case of an administrative tribunal, the registrant fails to comply
39 with the rules and regulations following entry of a final decision.
40 § 9. Paragraph a of subdivision 5-a of section 401 of the vehicle and
41 traffic law, as amended by section 8-b of part II of chapter 59 of the
42 laws of 2010, is amended to read as follows:
43 a. If at the time of application for a registration or renewal thereof
44 there is a certification from a court or administrative tribunal of
45 appropriate jurisdiction that the registrant or his or her represen-
46 tative failed to appear on the return date or any subsequent adjourned
47 date or failed to comply with the rules and regulations of an adminis-
48 trative tribunal following entry of a final decision in response to
49 three or more summonses or other process, issued within an eighteen
50 month period, charging that such motor vehicle was parked, stopped or
51 standing, or that such motor vehicle was operated for hire by the regis-
52 trant or his or her agent without being licensed as a motor vehicle for
53 hire by the appropriate local authority, in violation of any of the
54 provisions of this chapter or of any law, ordinance, rule or regulation
55 made by a local authority or the registrant was liable in accordance
56 with section eleven hundred eleven-c or eleven hundred eleven-d of this
S. 5762 6
1 chapter for a violation of a bus lane restriction as defined in such
2 [section] sections, the commissioner or his or her agent shall deny the
3 registration or renewal application until the applicant provides proof
4 from the court or administrative tribunal wherein the charges are pend-
5 ing that an appearance or answer has been made or in the case of an
6 administrative tribunal that he or she has complied with the rules and
7 regulations of said tribunal following entry of a final decision. Where
8 an application is denied pursuant to this section, the commissioner may,
9 in his or her discretion, deny a registration or renewal application to
10 any other person for the same vehicle and may deny a registration or
11 renewal application for any other motor vehicle registered in the name
12 of the applicant where the commissioner has determined that such regis-
13 trant's intent has been to evade the purposes of this subdivision and
14 where the commissioner has reasonable grounds to believe that such
15 registration or renewal will have the effect of defeating the purposes
16 of this subdivision. Such denial shall only remain in effect as long as
17 the summonses remain unanswered, or in the case of an administrative
18 tribunal, the registrant fails to comply with the rules and regulations
19 following entry of a final decision.
20 § 10. Paragraph a of subdivision 5-a of section 401 of the vehicle and
21 traffic law, as separately amended by chapters 339 and 592 of the laws
22 of 1987, is amended to read as follows:
23 a. If at the time of application for a registration or renewal thereof
24 there is a certification from a court or administrative tribunal of
25 appropriate jurisdiction that the registrant or his or her represen-
26 tative failed to appear on the return date or any subsequent adjourned
27 date or failed to comply with the rules and regulations of an adminis-
28 trative tribunal following entry of a final decision in response to
29 three or more summonses or other process, issued within an eighteen
30 month period, charging that such motor vehicle was parked, stopped or
31 standing, or that such motor vehicle was operated for hire by the regis-
32 trant or his or her agent without being licensed as a motor vehicle for
33 hire by the appropriate local authority, in violation of any of the
34 provisions of this chapter or of any law, ordinance, rule or regulation
35 made by a local authority, or the registrant was liable in accordance
36 with section eleven hundred eleven-d of this chapter for a violation of
37 a bus lane restriction as defined in such section, the commissioner or
38 his or her agent shall deny the registration or renewal application
39 until the applicant provides proof from the court or administrative
40 tribunal wherein the charges are pending that an appearance or answer
41 has been made or in the case of an administrative tribunal that he or
42 she has complied with the rules and regulations of said tribunal follow-
43 ing entry of a final decision. Where an application is denied pursuant
44 to this section, the commissioner may, in his or her discretion, deny a
45 registration or renewal application to any other person for the same
46 vehicle and may deny a registration or renewal application for any other
47 motor vehicle registered in the name of the applicant where the commis-
48 sioner has determined that such registrant's intent has been to evade
49 the purposes of this subdivision and where the commissioner has reason-
50 able grounds to believe that such registration or renewal will have the
51 effect of defeating the purposes of this subdivision. Such denial shall
52 only remain in effect as long as the summonses remain unanswered, or in
53 the case of an administrative tribunal, the registrant fails to comply
54 with the rules and regulations following entry of a final decision.
S. 5762 7
1 § 11. Subdivision (d) of section 1111-c of the vehicle and traffic
2 law, as added by section 9 of part II of chapter 59 of the laws of 2010,
3 is amended to read as follows:
4 (d) A certificate, sworn to or affirmed by a technician employed by
5 the city in which the charged violation occurred or by the applicable
6 mass transit agency, or a facsimile thereof, based upon inspection of
7 photographs, microphotographs, videotape or other recorded images
8 produced by a bus lane photo device, shall be prima facie evidence of
9 the facts contained therein. Any photographs, microphotographs, vide-
10 otape or other recorded images evidencing such a violation shall be
11 available for inspection in any proceeding to adjudicate the liability
12 for such violation pursuant to this section.
13 § 12. The vehicle and traffic law is amended by adding a new section
14 1111-d to read as follows:
15 § 1111-d. Mass transit photo device enforcement of owner liability for
16 failure of operator to comply with bus lane restrictions. (a) 1.
17 Notwithstanding any other provision of law, the city of New York is
18 hereby authorized and empowered to establish a bus lane photo device
19 enforcement program imposing monetary liability on the owner of a vehi-
20 cle for failure of an operator thereof to comply with bus lane
21 restrictions in such city in accordance with the provisions of this
22 section. The New York city department of transportation or the applica-
23 ble mass transit agency, for purposes of the implementation of such
24 program, shall operate bus lane photo devices only on designated bus
25 lanes in such city, in addition to the bus routes specified in paragraph
26 four of subdivision (c) of section eleven hundred eleven-c of this chap-
27 ter. Such bus lane photo devices may be stationary or mobile and shall
28 be activated at locations determined by such department of transporta-
29 tion and/or on buses or vehicles selected by such department of trans-
30 portation in consultation with the applicable mass transit agency.
31 2. Any image or images captured by bus lane photo devices shall be
32 inadmissible in any disciplinary proceeding convened by the applicable
33 mass transit agency or any subsidiary thereof and any proceeding initi-
34 ated by the department of motor vehicles involving licensure privileges
35 of bus operators. Any mobile bus lane photo device mounted on a bus
36 shall be directed outwardly from such bus to capture images of vehicles
37 operated in violation of bus lane restrictions, and images produced by
38 such device shall not be used for any other purpose in the absence of a
39 court order requiring such images to be produced.
40 3. The city of New York shall adopt and enforce measures to protect
41 the privacy of drivers, passengers, pedestrians and cyclists whose iden-
42 tity and identifying information may be captured by a bus lane photo
43 device. Such measures shall include:
44 (i) utilization of necessary technologies to ensure, to the extent
45 practicable, that images produced by such bus lane photo devices shall
46 not include images that identify the driver, the passengers, or the
47 contents of the vehicle, provided, however, that no notice of liability
48 issued pursuant to this section shall be dismissed solely because an
49 image allows for the identification of the driver, the passengers or
50 other contents of a vehicle;
51 (ii) a prohibition on the use or dissemination of vehicles' number
52 plate information and other information and images captured by bus lane
53 photo devices except: (A) as required to establish liability under this
54 section or collect payment of penalties; (B) as required by court order;
55 or (C) as otherwise required by law;
S. 5762 8
1 (iii) the installation of signage at regular intervals or enhanced
2 road markings within designated bus lanes stating that bus lane photo
3 devices are used to enforce restrictions on vehicular traffic in bus
4 lanes; and
5 (iv) oversight procedures to ensure compliance with the aforementioned
6 privacy protection measures.
7 (b) The owner of a vehicle shall be liable for a penalty imposed
8 pursuant to this section if such vehicle was used or operated with the
9 permission of the owner, express or implied, in violation of any bus
10 lane restrictions that apply to designated bus lanes, and such violation
11 is evidenced by information obtained from a bus lane photo device;
12 provided however that no owner of a vehicle shall be liable for a penal-
13 ty imposed pursuant to this section where the operator of such vehicle
14 has been convicted of the underlying violation of any bus lane
15 restrictions.
16 (c) For purposes of this section, the following terms shall have the
17 following meanings:
18 1. "owner" shall have the meaning provided in section two hundred
19 thirty-nine of this chapter.
20 2. "bus lane photo device" shall mean a device that is capable of
21 operating independently of an enforcement officer and produces one or
22 more images of each vehicle at the time it is in violation of bus lane
23 restrictions.
24 3. "bus lane restrictions" shall mean restrictions on the use of
25 designated bus lanes by vehicles other than buses imposed by local law
26 and signs erected by the New York city department of transportation.
27 4. "designated bus lane" shall mean a lane dedicated for the exclusive
28 use of buses, which includes bus stops within the designated bus lane,
29 and which has been defined as a "camera enforceable bus lane" pursuant
30 to title 34 of the rules of the city of New York, promulgated in consul-
31 tation with the applicable mass transit agency, with the exceptions
32 allowed under 4-12(m) and 4-08(a)(3) of title 34 of the rules of the
33 city of New York or any such rules of a city with a population of one
34 million or more.
35 (d) A certificate, sworn to or affirmed by a technician employed by
36 the city in which the charged violation occurred, or a facsimile there-
37 of, based upon inspection of photographs, microphotographs, videotape or
38 other recorded images produced by a bus lane photo device, shall be
39 prima facie evidence of the facts contained therein. Any photographs,
40 microphotographs, videotape or other recorded images evidencing such a
41 violation shall be available for inspection in any proceeding to adjudi-
42 cate the liability for such violation pursuant to this section.
43 (e) An owner liable for a violation of a bus lane restriction imposed
44 on any route within a designated bus lane shall be liable for monetary
45 penalties in accordance with a schedule of fines and penalties promul-
46 gated by the parking violations bureau of the city of New York;
47 provided, however, that the monetary penalty for violating a bus lane
48 restriction shall not exceed one hundred fifteen dollars; provided,
49 further, that an owner shall be liable for an additional penalty not to
50 exceed twenty-five dollars for each violation for the failure to respond
51 to a notice of liability within the prescribed time period.
52 (f) An imposition of liability pursuant to this section shall not be
53 deemed a conviction of an operator and shall not be made part of the
54 operating record of the person upon whom such liability is imposed, nor
55 shall it be used for insurance purposes in the provision of motor vehi-
56 cle insurance coverage.
S. 5762 9
1 (g) 1. A notice of liability shall be sent by first class mail to each
2 person alleged to be liable as an owner for a violation of a bus lane
3 restriction. Personal delivery to the owner shall not be required. A
4 manual or automatic record of mailing prepared in the ordinary course of
5 business shall be prima facie evidence of the facts contained therein.
6 2. A notice of liability shall contain the name and address of the
7 person alleged to be liable as an owner for a violation of a bus lane
8 restriction, the registration number of the vehicle involved in such
9 violation, the location where such violation took place including the
10 street address or cross streets, one or more images identifying the
11 violation, the date and time of such violation and the identification
12 number of the bus lane photo device which recorded the violation or
13 other document locator number.
14 3. The notice of liability shall contain information advising the
15 person charged of the manner and the time in which he or she may contest
16 the liability alleged in the notice. Such notice of liability shall also
17 contain a warning to advise the persons charged that failure to contest
18 in the manner and time provided shall be deemed an admission of liabil-
19 ity and that a default judgment may be entered thereon.
20 4. The notice of liability shall be prepared and mailed by the agency
21 or agencies designated by the city of New York, or any other entity
22 authorized by such city to prepare and mail such notification of
23 violation.
24 5. Adjudication of the liability imposed upon owners by this section
25 shall be by the parking violations bureau of the city of New York.
26 (h) If an owner of a vehicle receives a notice of liability pursuant
27 to this section for any time period during which such vehicle was
28 reported to the police department as having been stolen, it shall be a
29 valid defense to an allegation of liability for a violation of a bus
30 lane restriction that the vehicle had been reported to the police as
31 stolen prior to the time the violation occurred and had not been recov-
32 ered by such time. For purposes of asserting the defense provided by
33 this subdivision it shall be sufficient that a certified copy of the
34 police report on the stolen vehicle be sent by first class mail to the
35 parking violations bureau of the city of New York.
36 (i) 1. An owner who is a lessor of a vehicle to which a notice of
37 liability was issued pursuant to subdivision (g) of this section shall
38 not be liable for the violation of a bus lane restriction, provided
39 that:
40 (i) prior to the violation, the lessor has filed with such parking
41 violations bureau in accordance with the provisions of section two
42 hundred thirty-nine of this chapter; and
43 (ii) within thirty-seven days after receiving notice such bureau of
44 the date and time of a liability, together with the other information
45 contained in the original notice of liability, the lessor submits to
46 such bureau the correct name and address of the lessee of the vehicle
47 identified in the notice of liability at the time of such violation,
48 together with such other additional information contained in the rental,
49 lease or other contract document, as may be reasonably required by such
50 bureau pursuant to regulations that may be promulgated for such purpose.
51 2. Failure to comply with subparagraph (ii) of paragraph one of this
52 subdivision shall render the lessor liable for the penalty prescribed in
53 this section.
54 3. Where the lessor complies with the provisions of paragraph one of
55 this subdivision, the lessee of such vehicle on the date of such
56 violation shall be deemed to be the owner of such vehicle for purposes
S. 5762 10
1 of this section, shall be subject to liability for such violation pursu-
2 ant to this section and shall be sent a notice of liability pursuant to
3 subdivision (g) of this section.
4 (j) If the owner liable for a violation of a bus lane restriction was
5 not the operator of the vehicle at the time of the violation, the owner
6 may maintain an action for indemnification against the operator.
7 (k) Nothing in this section shall be construed to limit the liability
8 of an operator of a vehicle for any violation of bus lane restrictions.
9 (1) The city of New York shall submit a report on the results of the
10 use of bus lane photo devices to the governor, the temporary president
11 of the senate and the speaker of the assembly by April first, two thou-
12 sand thirteen and every two years thereafter. Such report shall include,
13 but not be limited to:
14 1. a description of the locations and/or buses where bus lane photo
15 devices were used;
16 2. the total number of violations recorded on a monthly and annual
17 basis;
18 3. the total number of notices of liability issued;
19 4. the number of fines and total amount of fines paid after the first
20 notice of liability;
21 5. the number of violations adjudicated and results of such adjudi-
22 cations including breakdowns of dispositions made;
23 6. the total amount of revenue realized by such city and any partic-
24 ipating mass transit agency;
25 7. the quality of the adjudication process and its results;
26 8. the total number of cameras by type of camera;
27 9. the total cost to the city of New York and the total cost to any
28 participating mass transit agency; and
29 10. a detailed report on the bus speeds, reliability, and ridership
30 before and after implementation of the bus lane photo device enforcement
31 program for each bus route, including current statistics.
32 § 13. The opening paragraph and paragraph (c) of subdivision 1 of
33 section 1809 of the vehicle and traffic law, as amended by section 10 of
34 part II of chapter 59 of the laws of 2010, are amended to read as
35 follows:
36 Whenever proceedings in an administrative tribunal or a court of this
37 state result in a conviction for an offense under this chapter or a
38 traffic infraction under this chapter, or a local law, ordinance, rule
39 or regulation adopted pursuant to this chapter, other than a traffic
40 infraction involving standing, stopping, or parking or violations by
41 pedestrians or bicyclists, or other than an adjudication of liability of
42 an owner for a violation of subdivision (d) of section eleven hundred
43 eleven of this chapter in accordance with section eleven hundred
44 eleven-a of this chapter, or other than an adjudication of liability of
45 an owner for a violation of subdivision (d) of section eleven hundred
46 eleven of this chapter in accordance with section eleven hundred
47 eleven-b of this chapter, or other than an adjudication in accordance
48 with section eleven hundred eleven-c or eleven hundred eleven-d of this
49 chapter for a violation of a bus lane restriction as defined in such
50 [section] sections, there shall be levied a crime victim assistance fee
51 and a mandatory surcharge, in addition to any sentence required or
52 permitted by law, in accordance with the following schedule:
53 (c) Whenever proceedings in an administrative tribunal or a court of
54 this state result in a conviction for an offense under this chapter
55 other than a crime pursuant to section eleven hundred ninety-two of this
56 chapter, or a traffic infraction under this chapter, or a local law,
S. 5762 11
1 ordinance, rule or regulation adopted pursuant to this chapter, other
2 than a traffic infraction involving standing, stopping, or parking or
3 violations by pedestrians or bicyclists, or other than an adjudication
4 of liability of an owner for a violation of subdivision (d) of section
5 eleven hundred eleven of this chapter in accordance with section eleven
6 hundred eleven-a of this chapter, or other than an adjudication of
7 liability of an owner for a violation of subdivision (d) of section
8 eleven hundred eleven of this chapter in accordance with section eleven
9 hundred eleven-b of this chapter, or other than an infraction pursuant
10 to article nine of this chapter or other than an adjudication of liabil-
11 ity of an owner for a violation of toll collection regulations pursuant
12 to section two thousand nine hundred eighty-five of the public authori-
13 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
14 hundred seventy-four of the laws of nineteen hundred fifty or other than
15 an adjudication in accordance with section eleven hundred eleven-c or
16 eleven hundred eleven-d of this chapter for a violation of a bus lane
17 restriction as defined in such [section] sections, there shall be levied
18 a crime victim assistance fee in the amount of five dollars and a manda-
19 tory surcharge, in addition to any sentence required or permitted by
20 law, in the amount of fifty-five dollars.
21 § 14. Subdivision 1 of section 1809 of the vehicle and traffic law, as
22 amended by section 10-a of part II of chapter 59 of the laws of 2010, is
23 amended to read as follows:
24 1. Whenever proceedings in an administrative tribunal or a court of
25 this state result in a conviction for a crime under this chapter or a
26 traffic infraction under this chapter, or a local law, ordinance, rule
27 or regulation adopted pursuant to this chapter, other than a traffic
28 infraction involving standing, stopping, parking or motor vehicle equip-
29 ment or violations by pedestrians or bicyclists, or other than an adju-
30 dication of liability of an owner for a violation of subdivision (d) of
31 section eleven hundred eleven of this chapter in accordance with section
32 eleven hundred eleven-a of this chapter, or other than an adjudication
33 of liability of an owner for a violation of subdivision (d) of section
34 eleven hundred eleven of this chapter in accordance with section eleven
35 hundred eleven-b of this chapter, or other than an adjudication in
36 accordance with section eleven hundred eleven-c or eleven hundred
37 eleven-d of this chapter for a violation of a bus lane restriction as
38 defined in such [section] sections, there shall be levied a mandatory
39 surcharge, in addition to any sentence required or permitted by law, in
40 the amount of twenty-five dollars.
41 § 15. Subdivision 1 of section 1809 of the vehicle and traffic law, as
42 amended by section 10-b of part II of chapter 59 of the laws of 2010, is
43 amended to read as follows:
44 1. Whenever proceedings in an administrative tribunal or a court of
45 this state result in a conviction for a crime under this chapter or a
46 traffic infraction under this chapter other than a traffic infraction
47 involving standing, stopping, parking or motor vehicle equipment or
48 violations by pedestrians or bicyclists, or other than an adjudication
49 in accordance with section eleven hundred eleven-c or eleven hundred
50 eleven-d of this chapter for a violation of a bus lane restriction as
51 defined in such [section] sections, there shall be levied a mandatory
52 surcharge, in addition to any sentence required or permitted by law, in
53 the amount of seventeen dollars.
54 § 16. Subdivision 1 of section 1809 of the vehicle and traffic law, as
55 separately amended by chapter 16 of the laws of 1983 and chapter 62 of
56 the laws of 1989, is amended to read as follows:
S. 5762 12
1 1. Whenever proceedings in an administrative tribunal or a court of
2 this state result in a conviction for a crime under this chapter or a
3 traffic infraction under this chapter other than a traffic infraction
4 involving standing, stopping, parking or motor vehicle equipment or
5 violations by pedestrians or bicyclists, or other than an adjudication
6 in accordance with section eleven hundred eleven-d of this chapter for a
7 violation of a bus lane restriction as defined in such section, there
8 shall be levied a mandatory surcharge, in addition to any sentence
9 required or permitted by law, in the amount of seventeen dollars.
10 § 17. Paragraph a of subdivision 1 of section 1809-e of the vehicle
11 and traffic law, as amended by section 11 of part II of chapter 59 of
12 the laws of 2010, is amended to read as follows:
13 a. Notwithstanding any other provision of law, whenever proceedings in
14 a court or an administrative tribunal of this state result in a
15 conviction for an offense under this chapter, except a conviction pursu-
16 ant to section eleven hundred ninety-two of this chapter, or for a traf-
17 fic infraction under this chapter, or a local law, ordinance, rule or
18 regulation adopted pursuant to this chapter, except a traffic infraction
19 involving standing, stopping, or parking or violations by pedestrians or
20 bicyclists, and except an adjudication of liability of an owner for a
21 violation of subdivision (d) of section eleven hundred eleven of this
22 chapter in accordance with section eleven hundred eleven-a of this chap-
23 ter, and except an adjudication of liability of an owner for a violation
24 of subdivision (d) of section eleven hundred eleven of this chapter in
25 accordance with section eleven hundred eleven-b of this chapter, and
26 except an adjudication in accordance with section eleven hundred
27 eleven-c or eleven hundred eleven-d of this chapter of a violation of a
28 bus lane restriction as defined in such [section] sections, and except
29 an adjudication of liability of an owner for a violation of toll
30 collection regulations pursuant to section two thousand nine hundred
31 eighty-five of the public authorities law or sections sixteen-a,
32 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
33 laws of nineteen hundred fifty, there shall be levied in addition to any
34 sentence, penalty or other surcharge required or permitted by law, an
35 additional surcharge of twenty dollars.
36 § 18. Paragraph a of subdivision 1 of section 1809-e of the vehicle
37 and traffic law, as amended by section 11-a of part II of chapter 59 of
38 the laws of 2010, is amended to read as follows:
39 a. Notwithstanding any other provision of law, whenever proceedings in
40 a court or an administrative tribunal of this state result in a
41 conviction for an offense under this chapter, except a conviction pursu-
42 ant to section eleven hundred ninety-two of this chapter, or for a traf-
43 fic infraction under this chapter, or a local law, ordinance, rule or
44 regulation adopted pursuant to this chapter, except a traffic infraction
45 involving standing, stopping, or parking or violations by pedestrians or
46 bicyclists, and except an adjudication of liability of an owner for a
47 violation of subdivision (d) of section eleven hundred eleven of this
48 chapter in accordance with section eleven hundred eleven-a of this chap-
49 ter, and except an adjudication in accordance with section eleven
50 hundred eleven-c or eleven hundred eleven-d of this chapter of a
51 violation of a bus lane restriction as defined in such [section]
52 sections, and except an adjudication of liability of an owner for a
53 violation of toll collection regulations pursuant to section two thou-
54 sand nine hundred eighty-five of the public authorities law or sections
55 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
56 of the laws of nineteen hundred fifty, there shall be levied in addition
S. 5762 13
1 to any sentence, penalty or other surcharge required or permitted by
2 law, an additional surcharge of twenty dollars.
3 § 19. Paragraph a of subdivision 1 of section 1809-e of the vehicle
4 and traffic law, as added by section 1 of part EE of chapter 56 of the
5 laws of 2008, is amended to read as follows:
6 a. Notwithstanding any other provision of law, whenever proceedings in
7 a court or an administrative tribunal of this state result in a
8 conviction for an offense under this chapter, except a conviction pursu-
9 ant to section eleven hundred ninety-two of this chapter, or for a traf-
10 fic infraction under this chapter, or a local law, ordinance, rule or
11 regulation adopted pursuant to this chapter, except a traffic infraction
12 involving standing, stopping, or parking or violations by pedestrians or
13 bicyclists, and except an adjudication of liability of an owner for a
14 violation of subdivision (d) of section eleven hundred eleven of this
15 chapter in accordance with section eleven hundred eleven-a of this chap-
16 ter, and except an adjudication in accordance with section eleven
17 hundred eleven-d of this chapter a violation of a bus lane restriction
18 as defined in such section, and except an adjudication of liability of
19 an owner for a violation of toll collection regulations pursuant to
20 section two thousand nine hundred eighty-five of the public authorities
21 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
22 hundred seventy-four of the laws of nineteen hundred fifty, there shall
23 be levied in addition to any sentence, penalty or other surcharge
24 required or permitted by law, an additional surcharge of twenty dollars.
25 § 20. Paragraph (l) of subdivision 2 of section 87 of the public
26 officers law, as added by section 12 of part II of chapter 59 of the
27 laws of 2010, is amended to read as follows:
28 (l) are photographs, microphotographs, videotape or other recorded
29 images produced by a bus lane photo device prepared under authority of
30 section eleven hundred eleven-c or eleven hundred eleven-d of the vehi-
31 cle and traffic law.
32 § 21. This act shall take effect on the ninetieth day after it shall
33 have become a law; provided, however, that:
34 (a) the amendments to paragraph (i) of subdivision a of section 401 of
35 the vehicle and traffic law made by section seven of this act shall not
36 affect the expiration of such subdivision and shall expire therewith,
37 when upon such date section eight of this act shall take effect;
38 (b) the amendments to subdivision a of section 401 of the vehicle and
39 traffic law as made by section eight of this act shall not affect the
40 expiration of such subdivision and shall expire therewith, when upon
41 such date section nine of this act shall take effect;
42 (c) the amendments to subdivision a of section 401 of the vehicle and
43 traffic law as made by section nine of this act shall not affect the
44 expiration of such subdivision and shall expire therewith, when upon
45 such date section ten of this act shall take effect;
46 (d) the amendments to subdivision (d) of section 1111-c of the vehicle
47 and traffic law made by section eleven of this act shall not affect the
48 repeal of such subdivision and shall be deemed to repeal therewith;
49 (e) the amendments to the opening paragraph and paragraph (c) of
50 subdivision one of section 1809 of the vehicle and traffic law made by
51 section thirteen of this act shall not affect the expiration of such
52 subdivision and shall expire therewith, when upon such date, section
53 fourteen of this act shall take effect;
54 (f) the amendments to subdivision 1 of section 1809 of the vehicle and
55 traffic law made by section fourteen of this act shall not affect the
S. 5762 14
1 expiration of such subdivision and shall expire therewith when upon such
2 date, section fifteen of this act shall take effect;
3 (g) the amendments to subdivision 1 of section 1809 of the vehicle and
4 traffic law made by section fifteen of this act shall not affect the
5 expiration of such subdivision and shall expire therewith when upon such
6 date, section sixteen of this act shall take effect;
7 (h) the amendments to paragraph a of subdivision 1 of section 1809-e
8 of the vehicle and traffic law made by section seventeen of this act
9 shall not affect the expiration of such subdivision and shall expire
10 therewith when upon such date, section eighteen of this act shall take
11 effect;
12 (i) the amendments to paragraph a of subdivision 1 of section 1809-e
13 of the vehicle and traffic law made by section eighteen of this act
14 shall not affect the expiration of such subdivision and shall expire
15 therewith when upon such date, section nineteen of this act shall take
16 effect; and
17 (j) the amendments to paragraph (l) of subdivision 2 of section 87 of
18 the public officers law made by section twenty of this act shall not
19 affect the repeal of such subdivision and shall be deemed to repeal
20 therewith.
