Amd §§1111-c & 1111-a, V & T L; amd §19-210, NYC Ad Cd; amd Part II §14 op ¶, Chap 59 of 2010; amd §17, Chap
746 of 1988; amd §2, NYC, LL 46 of 1989
 
Removes caps on automated enforcement cameras for bus lanes and traffic lights in the city of New York, increases penalties and creates a graduated schedule of fines for repeat offenders, and directs that fines be deposited in the general transportation account of the New York city transportation assistance fund.
STATE OF NEW YORK
________________________________________________________________________
8597
IN SENATE
May 10, 2018
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the vehicle and traffic law, in relation to removing
caps on automated enforcement cameras for bus lanes and traffic lights
in the City of New York, increasing penalties and creating a graduated
schedule of fines for repeat offenders, and directing that fines be
deposited in the general transportation account of the New York city
transportation assistance fund; to amend the administrative code of
the city of New York in relation to certain traffic-control indi-
cations; to amend part II of chapter 59 of the laws of 2010, amending
the vehicle and traffic law and the public officers law relating to
establishing a bus rapid transit demonstration program to restrict the
use of bus lanes by means of bus lane photo devices, in relation to
the effectiveness thereof; to amend chapter 746 of the laws of 1988
amending the vehicle and traffic law, the general municipal law and
the public officers law relating to the civil liability of vehicle
owners for traffic control signal violations, in relation to the
effectiveness thereof; and to amend local law number 46 of the city of
New York for the year 1989 amending the administrative code of the
city of New York relating to civil liability of vehicle owners for
traffic control signal violations, in relation to the effectiveness
thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 5 of subdivision (c), subdivision (e) and subdi-
2 vision (m) of section 1111-c of the vehicle and traffic law, paragraph 5
3 of subdivision (c) and subdivision (e) as amended and subdivision (m) as
4 added by section 6 of part NNN of chapter 59 of the laws of 2018, are
5 amended to read as follows:
6 5. "bus rapid transit program" shall mean [up to ten routes] any route
7 designated by the New York city department of transportation in consul-
8 tation with the applicable mass transit agency, in addition to the Bus
9 Rapid Transit Phase I plan routes, that operate on designated bus lanes
10 and that may include upgraded signage, enhanced road markings, minimum
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15665-02-8
S. 8597 2
1 bus stop spacing, off-board fare payment, traffic signal priority for
2 buses, and any other enhancement that increases bus speed or reliabil-
3 ity.
4 (e) An owner liable for a violation of a bus lane restriction imposed
5 on any route within a bus rapid transit program shall be liable for
6 monetary penalties in accordance with a schedule of fines and penalties
7 promulgated by the parking violations bureau of the city of New York;
8 provided, however, that the monetary penalty for violating a bus lane
9 restriction shall not exceed one hundred [fifteen] dollars, one hundred
10 twenty-five dollars for a second offense within a twelve month period,
11 one hundred seventy-five dollars for a third offense within a twelve
12 month period, two hundred fifty dollars for a fourth offense within a
13 twelve month period, and three hundred fifty dollars for each subsequent
14 offense within a twelve month period; provided, further, that an owner
15 shall be liable for an additional penalty not to exceed twenty-five
16 dollars for each violation for the failure to respond to a notice of
17 liability within the prescribed time period.
18 (m) Any revenue from fines and penalties collected pursuant to this
19 section from any mobile bus lane photo devices [that were authorized to
20 be installed pursuant to a chapter of the laws of two thousand eighteen
21 that added this subdivision] shall be remitted by the city of New York
22 to the applicable mass transit agency on a quarterly basis to be depos-
23 ited in the general transportation account of the New York city trans-
24 portation assistance fund established pursuant to section twelve hundred
25 seventy-i of the public authorities law.
26 § 2. Paragraph 1 of subdivision (a) and subdivision (e) of section
27 1111-a of the vehicle and traffic law, paragraph 1 of subdivision (a) as
28 amended by chapter 18 of the laws of 2009 and subdivision (e) as amended
29 by chapter 479 of the laws of 1994, are amended, and a new subdivision
30 (o) is added to read as follows:
31 1. Notwithstanding any other provision of law, each city with a popu-
32 lation of one million or more is hereby authorized and empowered to
33 adopt and amend a local law or ordinance establishing a demonstration
34 program imposing monetary liability on the owner of a vehicle for fail-
35 ure of an operator thereof to comply with traffic-control indications in
36 such city in accordance with the provisions of this section. Such
37 [demonstration] program shall empower a city to install and operate
38 traffic-control signal photo violation-monitoring devices [at no more
39 than one hundred fifty intersections within such city at any one time].
40 (e) An owner liable for a violation of subdivision (d) of section
41 eleven hundred eleven of this article pursuant to a local law or ordi-
42 nance adopted pursuant to this section shall be liable for monetary
43 penalties in accordance with a schedule of fines and penalties to be set
44 forth in such local law or ordinance, except that in a city which, by
45 local law, has authorized the adjudication of such owner liability by a
46 parking violations bureau, such schedule shall be promulgated by such
47 bureau. The liability of the owner pursuant to this section shall not
48 exceed [fifty dollars for each violation] one hundred dollars, one
49 hundred twenty-five dollars for a second offense within a twelve month
50 period, one hundred seventy-five dollars for a third offense within a
51 twelve month period, two hundred fifty dollars for a fourth offense
52 within a twelve month period, and three hundred fifty dollars for each
53 subsequent offense within a twelve month period; provided, however, that
54 such local law or ordinance may provide for an additional penalty not in
55 excess of twenty-five dollars for each violation for the failure to
56 respond to a notice of liability within the prescribed time period.
S. 8597 3
1 (o) Any revenue from fines and penalties collected pursuant to this
2 section from any traffic-control signal photo violations-monitoring
3 device shall be remitted by the city of New York to the application mass
4 transit agency on a quarterly basis to be deposited in the general
5 transportation account of the New York city transportation assistance
6 fund established pursuant to section twelve hundred seventy-i of the
7 public authorities law.
8 § 3. Paragraph 1 of subdivision (a) of section 19-210 of the adminis-
9 trative code of the city of New York, as amended by chapter 18 of the
10 laws of 2009, is amended to read as follows:
11 1. Notwithstanding any other provision of law, the parking violations
12 bureau is hereby authorized and empowered to establish a demonstration
13 program imposing monetary liability on the owner of a vehicle for fail-
14 ure of an operator thereof to comply with traffic-control indications in
15 accordance with the provisions of this section. The department of trans-
16 portation, for purposes of implementation of such program, shall be
17 authorized to install and operate traffic-control signal photo viola-
18 tion-monitoring devices [at no more than one hundred fifty intersections
19 at any one time].
20 § 4. The opening paragraph of section 14 of part II of chapter 59 of
21 the laws of 2010, amending the vehicle and traffic law and the public
22 officers law relating to establishing a bus rapid transit demonstration
23 program to restrict the use of bus lanes by means of bus lane photo
24 devices, as amended by chapter 239 of the laws of 2015, is amended to
25 read as follows:
26 This act shall take effect on the ninetieth day after it shall have
27 become a law [and shall expire 10 years after such effective date when
28 upon such date the provisions of this act shall be deemed repealed; and]
29 provided that any rules and regulations related to this act shall be
30 promulgated on or before such effective date, provided that:
31 § 5. Section 17 of chapter 746 of the laws of 1988 amending the vehi-
32 cle and traffic law, the general municipal law and the public officers
33 law, relating to the civil liability of vehicle owners for traffic
34 control signal violations, as amended by chapter 134 of the laws of
35 2014, is amended to read as follows:
36 § 17. This act shall take effect on the thirtieth day after it shall
37 have become a law [and shall remain in full force and effect until
38 December 1, 2019 when upon such date the amendments and provisions made
39 by this act shall be deemed repealed; provided, however, any such local
40 laws as may be enacted pursuant to this act shall remain in full force
41 and effect only until the expiration on December 1, 2019].
42 § 6. Section 2 of local law number 46 of the city of New York for the
43 year 1989 amending the administrative code of the city of New York
44 relating to civil liability of vehicle owners for traffic control signal
45 violations, as amended by chapter 134 of the laws of 2014, is amended to
46 read as follows:
47 § 2. This local law shall take effect immediately [and shall expire on
48 December 1, 2019].
49 § 7. This act shall take effect immediately. Effective immediately,
50 the addition, amendment and/or repeal of any rule or regulation neces-
51 sary for the implementation of this act on its effective date are
52 authorized and directed to be made and completed on or before such
53 effective date.