Glick, Shrestha, De Los Santos, Mamdani, Burgos, Cunningham, Seawright, Lee, Simpson, Simone,
Gonzalez-Rojas
MLTSPNSR
Add §1111-c-1, amd §235, V & T L; amd Part II §14, Chap 59 of 2010
Relates to owner liability for failure of operator to comply with bus operation-related local law or regulation traffic restrictions and to the adjudication of certain parking infractions; extends provisions relating to a bus rapid transit demonstration program to restrict the use of bus lanes by means of bus lane photo devices.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2610
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to owner
liability for failure of operator to comply with bus operation-related
local law or regulation traffic restrictions and to the adjudication of
certain parking infractions; and to amend part II of chapter 59 of the
laws of 2010, amending the vehicle and traffic law and the public offi-
cers 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
PURPOSE:
To expand the use of cameras for enforcement of existing traffic rules
in the City of New York relating to bus operations and repeal of the
sunset of existing bus lane camera enforcement authorization.
SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 1 of the vehicle and traffic law, by adding a
new section, 1111-c-1 for bus priority camera enforcement. Section 1
will allow the department of transportation and/or applicable mass tran-
sit agency to place photo devices on selected buses to capture traffic
violations that impede bus operations. Violations are set forth in Chap-
ter 4 of Title 34 of the Rules of the City of New York. A monetary
penalty in accordance with a schedule of fines and penalties promulgated
by the parking violations bureau in the city of New York will be issued
to violators.
Section 2 of this bill amends the vehicle and traffic law and the public
officers law so that chapter 239 of the laws of 2015 add a provision to
repeal the sunset of this bill.
Section 3 amends section 235 of the vehicle and traffic law to adjudi-
cate the liability of owners for any other violation of a bus opera-
tion-related traffic restriction regulation.
Section 4 sets the effective date.
JUSTIFICATION:
Current state law allows automated enforcement cameras for parking and
moving violations of existing City traffic rules relating to bus oper-
ations that occur in bus lanes and busways. This has been an effective
tool for making buses more reliable. However, buses are still frequently
delayed by vehicles stopping, standing and parking in bus stops, or
making turns in bus lanes in violation of City traffic rules. Expanding
camera enforcement to include such additional types of violations of
City traffic rules would further improve the reliability of buses.
Increasing congestion and slow bus speeds continue to impact bus rider-
ship. Bus lanes are a valuable tool to improve bus speed and draw riders
back to the bus system. Consistent, effective enforcement of a wider
range of violations relating to bus operations is critical to improving
bus speed and restoring bus ridership. Automated camera enforcement is
an essential and cost-effective tool in this effort.
* Vehicles illegally parked in bus lanes and bus stops and vehicles
making illegal turns in bus lanes prevent buses from getting where they
are going
* This has several negative impacts:
* makes trips slower for individual riders
* creates uneven spacing between buses, increasing bunching and making
wait times longer
* increases the time it takes for a bus to complete each trip, driving
up the cost to provide the same level of service
* makes it impossible for the bus to deploy its wheelchair ramp
* Camera enforcement reduces the number of traffic rule violations that
impact bus service.
* Focused attention from NYPD traffic agents has resulted in bus speed
improvements but maintaining a sufficient NYPD enforcement presence is
costly and only addresses violations in their immediate vicinity.
* Additional enforcement can speed up trips for riders, improve wait
times, reduce bunching, and, by shortening the time it takes for buses
to complete each trip, reduce operating costs and free up resources to
provide additional service.
The MTA is working to equip more buses in their fleet with camera equip-
ment using funds from the 2020-2024 MTA capital program to support that
effort. The existing ABLE program is demonstrating positive results as
it relates to recidivism with only 19% of people who get a bus lane
ticket are getting a second one, and beyond that only 8% have received
more than two tickets.
Making the existing ABLE program permanent and expanding camera enforce-
ment will give the MTA greater ability to keep their buses moving effi-
ciently.
PRIOR LEGISLATIVE HISTORY:
2022: similar TED A9008a - Part M
2019: similar TED A2008a/S1508a - Part GG
FISCAL IMPLICATIONS:
None known.
EFFECTIVE DATE:
This act shall take effect immediately; provided that section one of
this act shall take effect on the twelfth month after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date. such date.
STATE OF NEW YORK
________________________________________________________________________
2610
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for failure of operator to comply with bus operation-related
local law or regulation traffic restrictions and to the adjudication
of certain parking infractions; and 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 demon-
stration program to restrict the use of bus lanes by means of bus lane
photo devices, 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. The vehicle and traffic law is amended by adding a new
2 section 1111-c-1 to read as follows:
3 § 1111-c-1. Owner liability for failure of operator to comply with bus
4 operation-related traffic regulations. (a) Notwithstanding any other
5 provision of law, in accordance with the provisions of this section, the
6 city of New York is hereby authorized and empowered to impose monetary
7 liability on the owner of a vehicle for failure of an operator thereof
8 to comply with bus operation-related traffic regulations. The department
9 of transportation of the city of New York and/or an applicable mass
10 transit agency, shall operate photo devices that may be stationary or
11 mobile and shall be activated at locations determined by such department
12 of transportation and/or on buses selected by the applicable mass trans-
13 it agency.
14 (b) Any image or images captured by photo devices shall be inadmissi-
15 ble in any disciplinary proceeding convened by the applicable mass tran-
16 sit agency or any subsidiary thereof and any proceeding initiated by the
17 department involving licensure privileges of bus operators. Any mobile
18 bus photo device mounted on a bus shall be directed outwardly from such
19 bus to capture images of vehicles operated in violation of bus opera-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01096-01-3
A. 2610 2
1 tion-related traffic regulations, and images produced by such device
2 shall not be used for any other purpose in the absence of a court order
3 requiring such images to be produced.
4 (c) The city of New York shall adopt and enforce measures to protect
5 the privacy of drivers, passengers, pedestrians and cyclists whose iden-
6 tity and identifying information may be captured by a photo device
7 pursuant to this section. Such measures shall include:
8 1. utilization of necessary technologies to ensure, to the extent
9 practicable, that images produced by such photo devices shall not
10 include images that identify the driver, the passengers, or the contents
11 of a vehicle, provided, however, that no notice of liability issued
12 pursuant to this section shall be dismissed solely because an image
13 allows for the identification of the driver, the passengers or other
14 contents of a vehicle;
15 2. a prohibition on the use or dissemination of vehicles' license
16 plate information and other information and images captured by photo
17 devices except:
18 (i) as required to establish liability under this section or collect
19 payment of penalties;
20 (ii) as required by court order;
21 (iii) as required pursuant to a search warrant issued in accordance
22 with the criminal procedure law or a subpoena; or
23 (iv) as otherwise required by law.
24 3. the installation of signage that is clearly visible to drivers at
25 regular intervals along and adjacent to bus lanes stating that mobile
26 and stationary photo devices are used to enforce restrictions relating
27 to bus operation traffic restrictions including stopping, standing,
28 parking and turning movements, in conformance with standards established
29 in the MUTCD; and
30 4. oversight procedures to ensure compliance with the privacy
31 protection measures under this subdivision.
32 (d) Warning notices of violation shall be issued during the first
33 sixty days that photo devices pursuant to this section are active and in
34 operation.
35 (e) The owner of a vehicle shall be liable for a penalty imposed
36 pursuant to this section if such vehicle was used or operated with the
37 permission of the owner, express or implied, in violation of any bus
38 operation-related traffic regulations and such violation is evidenced by
39 information obtained from a photo device; provided however that no owner
40 of a vehicle shall be liable for a penalty imposed pursuant to this
41 section where the operator of such vehicle has been convicted of the
42 underlying violation of such bus operation-related traffic regulation.
43 (f) For purposes of this section the following terms shall have the
44 following meanings:
45 1. "owner" shall have the meaning provided in article two-B of this
46 chapter.
47 2. "photo device" shall mean a mobile or stationary device that is
48 capable of operating independently of an enforcement officer and produc-
49 es one or more images of each vehicle at the time it is in violation of
50 a bus operation-related traffic regulation.
51 3. "bus operation-related traffic regulations" shall mean the
52 restrictions set forth in chapter four of title thirty-four of the rules
53 of the city of New York affecting bus operations including but not
54 limited to the following: 4-08(f)(4), general no standing zones, bus
55 lanes; 4-08(c)(3), violation of posted no standing rules prohibited, bus
56 stop; 4-08(f)(1), general no standing zones, double parking; 4-08(k)(2),
A. 2610 3
1 special rules for commercial vehicles, no standing except trucks loading
2 and unloading; 4-07(b)(1), obstruction of traffic, traffic lane;
3 4-08(e)(11), general no stopping zones, major roadways; 4-08(e)(4),
4 general no stopping zones, intersections; 4-08(e)(5), general no stop-
5 ping zones, crosswalks; 4-08(e)(12), general no stopping zones,
6 obstructing traffic at intersection; and 4-05, turns; and 4-07(h)(2),
7 driving on divided highways, U-turns.
8 4. "lessor" means any person, corporation, firm, partnership, agency,
9 association or organization engaged in the business of renting or leas-
10 ing vehicles to any lessee or bailee under a rental agreement, lease or
11 otherwise, wherein the said lessee or bailee has the exclusive use of
12 said vehicle for any period of time.
13 5. "lessee" means any person, corporation, firm, partnership, agency,
14 association or organization that rents, bails, leases or contracts for
15 the use of one or more vehicles and has the exclusive use thereof for
16 any period of time.
17 6. "manual on uniform traffic control devices" or "MUTCD" means the
18 manual and specifications for a uniform system of traffic control
19 devices maintained by the commissioner of transportation pursuant to
20 section sixteen hundred eighty of this chapter.
21 (g) A certificate, sworn to or affirmed by a technician employed by
22 the city of New York in which the charged violation occurred, or a
23 facsimile thereof, based upon inspection of photographs, microphoto-
24 graphs, videotape or other recorded images produced by a photo device,
25 shall be prima facie evidence of the facts contained therein. Any
26 photographs, microphotographs, videotape or other recorded images
27 evidencing such a violation shall be available for inspection in any
28 proceeding to adjudicate the liability for such violation pursuant to
29 this section.
30 (h) An owner liable for a violation under this section shall be liable
31 for monetary penalties in accordance with a schedule of fines and penal-
32 ties promulgated by the parking violations bureau of the city of New
33 York; provided, however, that the monetary penalty for violating a bus
34 operation-related traffic regulation pursuant to this section shall not
35 exceed fifty dollars for a first offense, one hundred dollars for a
36 second offense within a twelve-month period, one hundred fifty dollars
37 for a third offense within a twelve-month period, two hundred dollars
38 for a fourth offense within a twelve-month period, and two hundred fifty
39 dollars for each subsequent offense within a twelve-month period; and
40 provided, further, that an owner shall be liable for an additional
41 penalty not to exceed twenty-five dollars for each violation for the
42 failure to respond to a notice of liability within the prescribed time
43 period.
44 (i) An imposition of liability pursuant to this section shall not be
45 deemed a conviction of an operator and shall not be made part of the
46 operating record of the person upon whom such liability is imposed, nor
47 shall it be used for insurance purposes in the provision of motor vehi-
48 cle insurance coverage.
49 (j) 1. A notice of liability pursuant to this section shall be sent by
50 first class mail to each person alleged to be liable as an owner for a
51 violation under this section. Personal delivery to the owner shall not
52 be required. A manual or automatic record of mailing prepared in the
53 ordinary course of business shall be prima facie evidence of the facts
54 contained in such record of mailing.
55 2. A notice of liability pursuant to this section shall contain the
56 name and address of the person alleged to be liable as an owner for a
A. 2610 4
1 violation, the registration number of the vehicle involved in such
2 violation, the location where such violation took place including the
3 street address or cross streets, one or more images identifying the
4 violation, the date and time of such violation, the identification
5 number of the photo device which recorded the violation or other docu-
6 ment locator number, and whether the device was stationary or mobile. If
7 the photo device was mobile, an identity of the vehicle containing such
8 photo device shall be included in the notice.
9 3. A notice of liability pursuant to this section shall contain infor-
10 mation advising the person charged of the manner and the time in which
11 he or she may contest the liability alleged in the notice. Such notice
12 of liability shall also contain a warning to advise the persons charged
13 that failure to contest in the manner and time provided shall be deemed
14 an admission of liability and that a default judgment may be entered
15 thereon.
16 4. A notice of liability pursuant to this section shall be prepared
17 and mailed by the agency or agencies designated by the city of New York,
18 or any other entity authorized by such city to prepare and mail such
19 notification of violation.
20 (k) Adjudication of the liability imposed upon owners by this section
21 shall be conducted by the New York city parking violations bureau.
22 (l) If an owner of a vehicle receives a notice of liability pursuant
23 to this section for any time period during which such vehicle was
24 reported to the police department as having been stolen, it shall be a
25 valid defense to an allegation of liability that the vehicle had been
26 reported to the police as stolen prior to the time the violation
27 occurred and had not been recovered by such time. For purposes of
28 asserting the defense under this subdivision, it shall be sufficient
29 that a certified copy of the police report on the stolen vehicle be sent
30 by first class mail to the parking violations bureau of the city of New
31 York.
32 (m) 1. An owner who is a lessor of a vehicle to which a notice of
33 liability was issued pursuant to this section shall not be liable for
34 the violation of a bus operation-related traffic regulation, provided
35 that:
36 (i) prior to such violation, the lessor has filed with the parking
37 violations bureau of the city of New York in accordance with the
38 provisions of section two hundred thirty-nine of this chapter; and
39 (ii) within thirty-seven days after receiving notice from the parking
40 violations bureau of the city of New York of the date and time of a
41 liability, together with the other information contained in the original
42 notice of liability, the lessor submits to such bureau the correct name
43 and address of the lessee of the vehicle identified in the notice of
44 liability at the time of such violation, together with such other addi-
45 tional information contained in the rental, lease or other contract
46 document, as may be reasonably required by such bureau pursuant to regu-
47 lations that may be promulgated for such purpose. Failure to timely
48 submit such information shall render the lessor liable for the penalty
49 prescribed in this section.
50 2. Where the lessor complies with the provisions of subparagraph (i)
51 of paragraph one of this subdivision, the lessee of such vehicle on the
52 date of such violation shall be deemed to be the owner of such vehicle
53 for purposes of this section, shall be subject to liability for such
54 violation pursuant to this section and shall be sent a notice of liabil-
55 ity pursuant to subdivision (j) of this section.
A. 2610 5
1 (n) If the owner liable for a violation under this section was not the
2 operator of the vehicle at the time of such violation, such owner may
3 maintain an action for indemnification against the operator of the vehi-
4 cle at the time of such violation.
5 (o) Nothing in this section shall be construed to limit the liability
6 of an operator of a vehicle for any violation of a bus operation-related
7 traffic regulation.
8 (p) The city of New York and the applicable mass transit agency shall
9 submit a report on the results of the use of photo devices pursuant to
10 this section to the governor, the temporary president of the senate, and
11 the speaker of the assembly by April first, within twelve months of
12 operation of such photo devices and every two years thereafter. Such
13 report shall include, but not be limited to:
14 1. a description of the locations and/or buses where photo devices
15 were used under this section;
16 2. the total number of violations under this section recorded on a
17 monthly and annual basis;
18 3. the total number of notices of liability issued under this section;
19 4. the number of fines and total amount of fines paid after the first
20 notice of liability under this section;
21 5. the number of violations under this section adjudicated and results
22 of such adjudications including breakdowns of dispositions made;
23 6. the total amount of revenue realized by the city of New York and
24 any participating mass transit agency under this section;
25 7. the quality of the adjudication process under this section and its
26 results;
27 8. the total number of cameras by type of camera used under this
28 section; and
29 9. the total cost to the city of New York and the total cost to any
30 participating mass transit agency under this section.
31 (q) Any revenue from fines and penalties collected pursuant to this
32 section from mobile bus photo devices shall be remitted by the city of
33 New York to the applicable mass transit agency on a quarterly basis to
34 be deposited in the general transportation account of the New York city
35 transportation assistance fund established pursuant to section twelve
36 hundred seventy-i of the public authorities law.
37 § 2. The opening paragraph of section 14 of part II of chapter 59 of
38 the laws of 2010, amending the vehicle and traffic law and the public
39 officers law relating to establishing a bus rapid transit demonstration
40 program to restrict the use of bus lanes by means of bus lane photo
41 devices, as amended by section 2 of part D of chapter 39 of the laws of
42 2019, is amended to read as follows:
43 This act shall take effect on the ninetieth day after it shall have
44 become a law [and shall expire 15 years after such effective date when
45 upon such date the provisions of this act shall be deemed repealed]; and
46 provided that any rules and regulations related to this act shall be
47 promulgated on or before such effective date, provided that:
48 § 3. Subdivision 1 of section 235 of the vehicle and traffic law, as
49 separately added by chapters 421, 460 and 773 of the laws of 2021, para-
50 graph (h) as added by chapter 421 of the laws of 2021 and as relettered
51 by chapter 258 of the laws of 2022, is amended to read as follows:
52 1. Notwithstanding any inconsistent provision of any general, special
53 or local law or administrative code to the contrary, in any city which
54 heretofore or hereafter is authorized to establish an administrative
55 tribunal: (a) to hear and determine complaints of traffic infractions
56 constituting parking, standing or stopping violations, or (b) to adjudi-
A. 2610 6
1 cate the liability of owners for violations of subdivision (d) of
2 section eleven hundred eleven of this chapter imposed pursuant to a
3 local law or ordinance imposing monetary liability on the owner of a
4 vehicle for failure of an operator thereof to comply with traffic-con-
5 trol indications through the installation and operation of traffic-con-
6 trol signal photo violation-monitoring systems, in accordance with arti-
7 cle twenty-four of this chapter, or (c) to adjudicate the liability of
8 owners for violations of subdivision (b), (c), (d), (f) or (g) of
9 section eleven hundred eighty of this chapter imposed pursuant to a
10 demonstration program imposing monetary liability on the owner of a
11 vehicle for failure of an operator thereof to comply with such posted
12 maximum speed limits through the installation and operation of photo
13 speed violation monitoring systems, in accordance with article thirty of
14 this chapter, or (d) to adjudicate the liability of owners for
15 violations of bus lane restrictions as defined by article twenty-four of
16 this chapter imposed pursuant to a bus rapid transit program imposing
17 monetary liability on the owner of a vehicle for failure of an operator
18 thereof to comply with such bus lane restrictions through the installa-
19 tion and operation of bus lane photo devices, in accordance with article
20 twenty-four of this chapter, or (e) to adjudicate the liability of
21 owners for violations of toll collection regulations imposed by certain
22 public authorities pursuant to the law authorizing such public authori-
23 ties to impose monetary liability on the owner of a vehicle for failure
24 of an operator thereof to comply with toll collection regulations of
25 such public authorities through the installation and operation of
26 photo-monitoring systems, in accordance with the provisions of section
27 two thousand nine hundred eighty-five of the public authorities law and
28 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
29 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
30 the liability of owners for violations of section eleven hundred seven-
31 ty-four of this chapter when meeting a school bus marked and equipped as
32 provided in subdivisions twenty and twenty-one-c of section three
33 hundred seventy-five of this chapter imposed pursuant to a local law or
34 ordinance imposing monetary liability on the owner of a vehicle for
35 failure of an operator thereof to comply with school bus red visual
36 signals through the installation and operation of school bus photo
37 violation monitoring systems, in accordance with article twenty-nine of
38 this chapter, or (g) to adjudicate the liability of owners for
39 violations of section three hundred eighty-five of this chapter and the
40 rules of the department of transportation of the city of New York in
41 relation to gross vehicle weight and/or axle weight violations imposed
42 pursuant to a weigh in motion demonstration program imposing monetary
43 liability on the owner of a vehicle for failure of an operator thereof
44 to comply with such gross vehicle weight and/or axle weight restrictions
45 through the installation and operation of weigh in motion violation
46 monitoring systems, in accordance with article ten of this chapter, or
47 (h) to adjudicate the liability of owners for violations of subdivision
48 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter
49 imposed pursuant to a demonstration program imposing monetary liability
50 on the owner of a vehicle for failure of an operator thereof to comply
51 with such posted maximum speed limits within a highway construction or
52 maintenance work area through the installation and operation of photo
53 speed violation monitoring systems, in accordance with article thirty of
54 this chapter, or (i) to adjudicate the liability of owners for any other
55 violation of a bus operation-related traffic regulation, in accordance
56 with article twenty-four of this chapter, such tribunal and the rules
A. 2610 7
1 and regulations pertaining thereto shall be constituted in substantial
2 conformance with the following sections.
3 § 4. This act shall take effect immediately; provided that section one
4 of this act shall take effect one year after it shall have become a law.
5 Effective immediately, the addition, amendment and/or repeal of any rule
6 or regulation necessary for the implementation of this act on its effec-
7 tive date are authorized to be made and completed on or before such
8 effective date.
