| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to transportation |
| May 21, 2009 |
print number 2709d |
| May 21, 2009 |
amend and recommit to finance |
| May 19, 2009 |
print number 2709c |
| May 19, 2009 |
amend and recommit to finance |
| Apr 15, 2009 |
print number 2709b |
| Apr 15, 2009 |
amend and recommit to finance |
| Mar 24, 2009 |
reported and committed to finance |
| Mar 18, 2009 |
print number 2709a |
| Mar 18, 2009 |
amend and recommit to transportation |
| Feb 27, 2009 |
referred to transportation |
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Senate Bill S2709
2009-2010 Legislative Session
Establishes in N.Y. city a bus rapid transit and bus mobility demonstration program to enforce certain restrictions
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Transportation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-S2709 - Details
- Current Committee:
- Senate Transportation
2009-S2709 - Sponsor Memo
BILL NUMBER: S2709
TITLE OF BILL :
An act to amend the vehicle and traffic law and the public officers
law, in relation to establishing in a city with a population of one
million or more a bus rapid transit and bus mobility demonstration
program to enforce restrictions on the use of bus lanes by means of
bus lane photo devices; and providing for the repeal of such
provisions upon expiration thereof
SUMMARY OF PROVISIONS :
This bill amends the Vehicle and Traffic Law and the Public Officers
Law to authorize the City of New York to establish a Bus Rapid Transit
and Bus Mobility Demonstration Program imposing liability on the
owners of motor vehicles found to be in violation of City restrictions
on the use of bus lanes through the use of bus lane photo devices.
Bus lane photo devices will record data by photographic, micrographic,
video tape, digital video recorder or other recording methods and
produce one or more images or sequence of video images of the motor
vehicle at the time it is in violation of bus lane restrictions. The
bus lane photo devices will be utilized exclusively within the routes
receiving improvements as part of the Bus Rapid Transit and Bus
Mobility Demonstration Program.
JUSTIFICATION : The New York City Department of Transportation in coordination with the New York State Department of Transportation and MTA New York City Transit Authority is implementing a Bus Rapid Transit and Bus Mobility Demonstration Program. This program will provide faster, more reliable, and more attractive bus service throughout the City, using a variety of techniques, including but not limited to upgraded signage, enhanced markings of bus lanes, traffic signals that give buses priority, and proof of payment fare collection. The Bus Rapid Transit and Bus Mobility Demonstration Program will provide New Yorkers and visitors to the City with new and high performance transit options. These options are necessary given the 53% rise in bus ridership in the City over the past 30 years and the subsequent reduction in bus speeds due to increased traffic. The Bus Rapid Transit and Bus Mobility Demonstration Program will consist of improvements to various bus routes; however, the use of bus lane photo devices shall be limited to cover no more than 50 miles of bus lanes and shall operate only on weekdays from 7:00 am to 7:00 pm. To ensure the success of the Bus Rapid Transit and Bus Mobility Demonstration Program, it is imperative that the designated bus lanes remain free of unauthorized motor vehicles. This legislation will enhance the enforcement efforts of the New York city police Department as the program operates in much the same manner as the City's Red Light Camera Program which has successfully reduced the incidence of red light violations. Technology will be used to capture photos or videos of vehicles that are in violation of the city's rules regarding bus lane restrictions, which specifically preclude motor vehicles from standing, parking or driving within a bus lane. The images taken will then be used as evidence in a proceeding to impose liability on the owner of the vehicle. The equipment may consist of fixed-location units, mobile units which can be moved around to various locations, and/or units mounted on the buses themselves. The cameras will be used exclusively within the routes receiving improvements as part of the Bus Rapid Transit and Bus Mobility Demonstration Program. The violation will be treated as the equivalent of a parking ticket; therefore, no points will be assessed against the driver. Initial implementation of Select Bus Service on Fordham Road in Bronx County and 34th street in New York County has resulted in significant improvements in bus speed and bus reliability, and has received widespread support from bus riders. Bus travel time on Fordham Road has been decreased by as much as 24%, and surveys of riders show that 89% feel that the service has been improved. The enactment of this legislation will build on this initial success and ensure that the city is successful in providing more efficient and effective bus service to the people and visitors of the City of New York. This will, in turn, attract new ridership, helping to meet the City's mobility, environmental, and public health goals. LEGISLATIVE HISTORY : New bill. FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law and shall expire 7 years after such effective date when upon such date the provisions of this act shall be deemed repealed.
2009-S2709A - Details
- Current Committee:
- Senate Transportation
2009-S2709A - Sponsor Memo
BILL NUMBER: S2709A
TITLE OF BILL :
An act to amend the vehicle and traffic law and the public officers
law, in relation to establishing in a city with a population of one
million or more a bus rapid transit and bus mobility demonstration
program to enforce restrictions on the use of bus lanes by means of
bus lane photo devices; and providing for the repeal of such
provisions upon expiration thereof
SUMMARY OF PROVISIONS :
This bill amends the Vehicle and Traffic Law and the Public Officers
Law to authorize the City of New York to establish a Bus Rapid Transit
and Bus Mobility Demonstration Program imposing liability on the
owners of motor vehicles found to be in violation of City restrictions
on the use of bus lanes through the use of bus lane photo devices.
Bus lane photo devices will record data by photographic, micrographic,
video tape, digital video recorder or other recording methods and
produce one or more images or sequence of video images of the motor
vehicle at the time it is in violation of bus lane restrictions. The
bus lane photo devices will be utilized exclusively within the routes
receiving improvements as part of the Bus Rapid Transit and Bus
Mobility Demonstration Program.
JUSTIFICATION : The New York City Department of Transportation in coordination with the New York State Department of Transportation and MTA New York City Transit Authority is implementing a Bus Rapid Transit and Bus Mobility Demonstration Program. This program will provide faster, more reliable, and more attractive bus service throughout the City, using a variety of techniques, including but not limited to upgraded signage, enhanced markings of bus lanes, traffic signals that give buses priority, and proof of payment fare collection. The Bus Rapid Transit and Bus Mobility Demonstration Program will provide New Yorkers and visitors to the City with new and high performance transit options. These options are necessary given the 53% rise in bus ridership in the City over the past 30 years and the subsequent reduction in bus speeds due to increased traffic. The Bus Rapid Transit and Bus Mobility Demonstration Program will consist of improvements to various bus routes; however, the use of bus lane photo devices shall be limited to cover no more than 50 miles of bus lanes and shall operate only on weekdays from 7:00 am to 7:00 pm. To ensure the success of the Bus Rapid Transit and Bus Mobility Demonstration Program, it is imperative that the designated bus lanes remain free of unauthorized motor vehicles. This legislation will enhance the enforcement efforts of the New York city police Department as the program operates in much the same manner as the City's Red Light Camera Program which has successfully reduced the incidence of red light violations. Technology will be used to capture photos or videos of vehicles that are in violation of the city's rules regarding bus lane restrictions, which specifically preclude motor vehicles from standing, parking or driving within a bus lane. The images taken will then be used as evidence in a proceeding to impose liability on the owner of the vehicle. The equipment may consist of fixed-location units, mobile units which can be moved around to various locations, and/or units mounted on the buses themselves. The cameras will be used exclusively within the routes receiving improvements as part of the Bus Rapid Transit and Bus Mobility Demonstration Program. The violation will be treated as the equivalent of a parking ticket; therefore, no points will be assessed against the driver. Initial implementation of Select Bus Service on Fordham Road in Bronx County and 34th street in New York County has resulted in significant improvements in bus speed and bus reliability, and has received widespread support from bus riders. Bus travel time on Fordham Road has been decreased by as much as 24%, and surveys of riders show that 89% feel that the service has been improved. The enactment of this legislation will build on this initial success and ensure that the city is successful in providing more efficient and effective bus service to the people and visitors of the City of New York. This will, in turn, attract new ridership, helping to meet the City's mobility, environmental, and public health goals. LEGISLATIVE HISTORY : New bill. FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law and shall expire 7 years after such effective date when upon such date the provisions of this act shall be deemed repealed.
2009-S2709B - Details
- Current Committee:
- Senate Transportation
2009-S2709B - Sponsor Memo
BILL NUMBER: S2709B
TITLE OF BILL :
An act to amend the vehicle and traffic law and the public officers
law, in relation to establishing in a city with a population of one
million or more a bus rapid transit and bus mobility demonstration
program to enforce restrictions on the use of bus lanes by means of
bus lane photo devices; and providing for the repeal of such
provisions upon expiration thereof
SUMMARY OF PROVISIONS :
This bill amends the Vehicle and Traffic Law and the Public Officers
Law to authorize the City of New York to establish a Bus Rapid Transit
and Bus Mobility Demonstration Program imposing liability on the
owners of motor vehicles found to be in violation of City restrictions
on the use of bus lanes through the use of bus lane photo devices. Bus
lane photo devices will record data by photographic, micrographic,
video tape, digital video recorder or other recording methods and
produce one or more images or sequence of video images of the motor
vehicle at the time it is in violation of bus lane restrictions. The
bus lane photo devices will be utilized exclusively within the routes
receiving improvements as part of the Bus Rapid Transit and Bus
Mobility Demonstration Program.
JUSTIFICATION : The New York City Department of Transportation in coordination with the New York State Department of Transportation and MTA New York City Transit Authority is implementing a Bus Rapid Transit and Bus Mobility Demonstration Program. This program will provide faster, more reliable, and more attractive bus service throughout the City, using a variety of techniques, including but not limited to upgraded signage, enhanced markings of bus lanes, traffic signals that give buses priority, and proof of payment fare collection. The Bus Rapid Transit and Bus Mobility Demonstration Program will provide New Yorkers and visitors to the City with new and high performance transit options. These options are necessary given the 53\ rise in bus ridership in the City over the past 30 years and the subsequent reduction in bus speeds due to increased traffic. The Bus Rapid Transit and Bus Mobility Demonstration Program will consist of improvements to various bus routes; however, the use of bus lane photo devices shall be limited to cover no more than 50 miles of bus lanes and shall operate only on weekdays from 7:00 am to 7:00 pm. To ensure the success of the Bus Rapid Transit and Bus Mobility Demonstration Program, it is imperative that the designated bus lanes remain free of unauthorized motor vehicles. This legislation will enhance the enforcement efforts of the New York city police Department as the program operates in much the same manner as the City's Red Light Camera Program which has successfully reduced the incidence of red light violations. Technology will be used to capture photos or videos of vehicles that are in violation of the city's rules regarding bus lane restrictions, which specifically preclude motor vehicles from standing, parking or driving within a bus lane. The images taken will then be used as evidence in a proceeding to impose liability on the owner of the vehicle. The equipment may consist of fixed-location units, mobile units which can be moved around to various locations, and/or units mounted on the buses themselves. The cameras will be used exclusively within the routes receiving improvements as part of the Bus Rapid Transit and Bus Mobility Demonstration Program. The violation will be treated as the equivalent of a parking ticket; therefore, no points will be assessed against the driver. Initial implementation of Select Bus Service on Fordham Road in Bronx County and 34th street in New York County has resulted in significant improvements in bus speed and bus reliability, and has received widespread support from bus riders. Bus travel time on Fordham Road has been decreased by as much as 24%, and surveys of riders show that 89% feel that the service has been improved. The enactment of this legislation will build on this initial success and ensure that the city is successful in providing more efficient and effective bus service to the people and visitors of the City of New York. This will, in turn, attract new ridership, helping to meet the City's mobility, environmental, and public health goals. LEGISLATIVE HISTORY : New bill. FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law and shall expire 7 years after such effective date when upon such date the provisions of this act shall be deemed repealed.
2009-S2709B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2709--B
2009-2010 Regular Sessions
I N S E N A T E
February 27, 2009
___________
Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON, KRUEGER, PERKINS,
SAMPSON, SAVINO, SQUADRON, STAVISKY -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported favorably from said commit-
tee and committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing in a city with a population of one million
or more a bus rapid transit and bus mobility demonstration program to
enforce restrictions on the use of bus lanes by means of bus lane
photo devices; and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 235 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, is amended to read
as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08926-04-9
S. 2709--B 2 hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. S 1-a. Section 235 of the vehicle and traffic law, as separately amended by chapter 746 of the laws of 1988 and chapter 379 of the laws of 1992, is amended to read as follows: S 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contra- ry, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAP- TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. S 1-b. Section 235 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972 and as further amended by chapter 379 of the laws of 1992, is amended to read as follows: S 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU- DICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-a of this chapter, shall adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with such section eleven hundred eleven-a, and shall adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine S. 2709--B 3 hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAP- TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of abandoned vehicle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traf- fic of the city or an official possessing authority as such a commis- sioner. S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation, AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. S 3. Subdivision 11 of section 237 of the vehicle and traffic law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 11. To adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty[.]; S 4. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 12 to read as follows: 12. TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEV- EN HUNDRED ELEVEN-B OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. S 5. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-a of this chapter and shall not be deemed to include a notice of liability issued pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap- ter seven hundred seventy-four of the laws of nineteen hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER. S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as added by chapter 180 of the laws of 1980, is amended to read as follows: S. 2709--B 4 f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER. S 6. Subdivision 4 of section 239 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 4. Applicability. The provisions of paragraph b of subdivision two and subdivision three of this section shall not be applicable to determi- nations of owner liability for the failure of an operator to comply with subdivision (d) of section eleven hundred eleven of this chapter and shall not be applicable to determinations of owner liability imposed pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap- ter seven hundred seventy-four of the laws of nineteen hundred fifty AND SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER. S 6-a. Section 239 of the vehicle and traffic law is amended by adding a new subdivision 4 to read as follows: 4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI- NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER. S 7. Subdivision 1 of section 240 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-a of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered ther- eon. S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be S. 2709--B 5 prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liabil- ity, and that a default judgment may be entered thereon. S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. S 8-a. Subdivision 1-a of section 240 of the vehicle and traffic law, as added by chapter 365 of the laws of 1978, is amended to read as follows: 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER IS BEING CONTESTED, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public author- ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred eleven-a of this chapter is contested or of a hearing at which liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty is contested OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER IS CONTESTED. Recording devices may be used for the making of the record. S 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as added by chapter 715 of the laws of 1972, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED S. 2709--B 6 ELEVEN-B OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER IS CONTESTED. Recording devices may be used for the making of the record. S 10. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he may examine either the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred eleven-a of this chapter or the record of liabilities incurred in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty of the person charged OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, as applicable prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or fails to contest an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regu- lation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability in accordance with section eleven hundred eleven-a of this chapter alleged or liability in accord- ance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap- ter seven hundred seventy-four of the laws of nineteen hundred fifty alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or contesting an allegation of liability in accordance with section two thousand nine hundred eighty- S. 2709--B 7 five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, as appropriate, or making an appearance within thirty days of the sending of such notice. Pleas entered and allegations contested within that period shall be in the manner prescribed in the notice and not subject to additional penal- ty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of opera- tors or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or contesting an allegation. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustain- ing them, he shall impose no greater penalty or fine than those upon which the person was originally charged. S 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, subdivision 1 as added by chapter 715 of the laws of 1972, subdivi- sion 2 as amended by chapter 365 of the laws of 1978, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he may examine EITHER the prior parking violations record of the person charged, OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final determi- nation. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regu- lation of the bureau, such failure to plead, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea, OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER, or making an appearance within thirty days of the sending of such notice. Pleas entered within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default S. 2709--B 8 judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he shall impose no greater penalty or fine than those upon which the person was originally charged. S 11. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by chapter 496 of the laws of 1990 and as designated by chapter 373 of the laws of 1994, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction or administrative tribunal of appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority or (ii) the registrant was liable in accord- ance with section eleven hundred eleven-a of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter OR (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appear- ance or answer has been made or in the case of an administrative tribu- nal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commis- sioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reason- able grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by chapters 339 and 592 of the laws of 1987, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of S. 2709--B 9 appropriate jurisdiction that the registrant or his representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that: (A) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, OR (B) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the commissioner or his agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wher- ein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle regis- tered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an adminis- trative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 12. The vehicle and traffic law is amended by adding a new section 1111-b to read as follows: S 1111-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS LANE RESTRICTIONS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A BUS RAPID TRANSIT AND BUS MOBILITY DEMON- STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH BUS LANE RESTRICTIONS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY, FOR PURPOSES OF THE IMPLEMEN- TATION OF SUCH PROGRAM, SHALL OPERATE BUS LANE PHOTO DEVICES ONLY WITHIN SUCH BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM IN SUCH CITY. SUCH BUS LANE PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTA- TION AND/OR ON BUSES SELECTED BY SUCH DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE APPLICABLE MASS TRANSIT AGENCY. ANY MOBILE BUS LANE PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS LANE RESTRICTIONS, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. ANY IMAGE OR IMAGES CAPTURED BY STATIONARY BUS LANE PHOTO DEVICES SHALL BE INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE DEPARTMENT OF MOTOR VEHICLES INVOLV- ING LICENSURE PRIVILEGES OF BUS OPERATORS. A CITY AUTHORIZED TO INSTALL A BUS LANE PHOTO DEVICE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL S. 2709--B 10 ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSEN- GERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTITY AND IDENTIFYING INFORMA- TION MAY BE CAPTURED BY A BUS LANE PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE: 1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH BUS LANE PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE; 2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS LANE PHOTO DEVICES EXCEPT AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; OR TO RESPOND TO REQUESTS BY LAW ENFORCEMENT OFFICIALS PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR EXCEPT OTHERWISE REQUIRED BY LAW; 3. THE INSTALLATION OF SIGNAGE AT REGULAR INTERVALS WITHIN RESTRICTED BUS LANES STATING THAT BUS LANE PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS ON VEHICULAR TRAFFIC IN BUS LANES; AND 4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED PRIVACY-PROTECTION MEASURES. WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, SUCH BUS LANE PHOTO DEVICES SHALL BE OPERATED ON NO MORE THAN FIFTY MILES OF BUS LANES WITHIN SUCH CITY AND ONLY DURING WEEKDAYS FROM 7:00 A.M. TO 7:00 P.M. (B) IN ANY CITY THAT HAS ESTABLISHED A BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS LANE RESTRICTIONS THAT APPLY TO ROUTES WITHIN SUCH DEMONSTRATION PROGRAM, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A BUS LANE PHOTO DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPER- ATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY BUS LANE RESTRICTIONS. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN: 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 2. "BUS LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF BUS LANE RESTRICTIONS. 3. "BUS LANE RESTRICTIONS" SHALL MEAN RESTRICTIONS ON THE USE OF DESIGNATED TRAFFIC LANES BY VEHICLES OTHER THAN BUSES IMPOSED ON ROUTES WITHIN A BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM BY RULE OR SIGNS ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTABLISHES SUCH A DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION. 4. "BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM" SHALL MEAN A PROGRAM THAT OPERATES ON ROUTES DESIGNATED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTABLISHES SUCH A DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION AND SHALL OPERATE ON ROUTES RECEIVING IMPROVE- MENTS AS PART OF SUCH PROGRAM. SUCH IMPROVEMENTS SHALL INCLUDE UPGRADED SIGNAGE AND ENHANCED MARKINGS OF THE TRAFFIC LANES DESIGNATED FOR BUSES, AND MAY INCLUDE, BUT NOT BE LIMITED TO, SIGNALS THAT PROLONG THE GREEN S. 2709--B 11 PHASE FOR APPROACHING BUSES, OFF-BOARD FARE COLLECTION, AND OTHER SIMI- LAR IMPROVEMENTS. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR CONTRACTOR, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTO- GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION IMPOSED ON ANY ROUTE WITHIN A BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF SUCH CITY; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS LANE RESTRICTION SHALL NOT EXCEED ONE HUNDRED FIFTEEN DOLLARS; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDI- TIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- CLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE RESTRICTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE RESTRICTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE BUS LANE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY SUCH CITY. (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV- ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. S. 2709--B 12 (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF A BUS LANE RESTRICTION, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS. (L) ANY CITY THAT ADOPTS A BUS RAPID TRANSIT AND BUS MOBILITY DEMON- STRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF BUS LANE PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOUSAND FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS LANE PHOTO DEVICES WERE USED; 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL BASIS; 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST NOTICE OF LIABILITY; 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND 7. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. S 13. The opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 2 of part DD of chapter 56 of the laws of 2008, are amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of S. 2709--B 13 an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, OR OTHER THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR OTHER THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. S 13-a. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by chapter 190 of the laws of 1990, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, parking or motor vehicle equip- ment or violations by pedestrians or bicyclists, or other than an adju- dication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, OR OTHER THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. S 13-b. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by chapter 16 of the laws of 1983 and chapter 62 of the laws of 1989, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there S. 2709--B 14 shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. S 14. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (k) to read as follows: (K) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW. S 15. This act shall take effect on the thirtieth day after it shall have become a law and shall expire 7 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided that any rules and regulations necessary for the implemen- tation of this act on its effective date shall be promulgated on or before such date; (a) provided, however, that the amendments to subdivision 1 of section 235 of the vehicle and traffic law made by section one of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-a of this act shall take effect, provided, further, however, that the amendments to section 235 of the vehicle and traffic law made by section one-a of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-b of this act shall take effect; (b) provided, further, that the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-a of this act shall take effect; (c) provided, further, that the amendments to paragraph f of subdivi- sion 1 of section 239 of the vehicle and traffic law made by section five of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section five-a of this act shall take effect; (d) provided, further, that the amendments to subdivision 4 of section 239 of the vehicle and traffic law made by section six of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith, when upon such date the provisions of section six-a of this act shall take effect; (e) provided, further, that the amendments to subdivision 1 of section 240 of the vehicle and traffic law made by section seven of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section seven-a of this act shall take effect; (f) provided, further, that the amendments to subdivision 1-a of section 240 of the vehicle and traffic law made by section eight of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section eight-a of this act shall take effect; (g) provided, further, that the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section nine of this act shall not affect the expiration of such para- graphs and shall be deemed to expire therewith, when upon such date the provisions of section nine-a of this act shall take effect; (h) provided, further, that the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section ten of this act shall not affect the expiration of such subdivisions and shall be S. 2709--B 15 deemed to expire therewith, when upon such date the provisions of section ten-a of this act shall take effect; (i) provided, further, that the amendments to subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section eleven of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section eleven-a of this act shall take effect; (j) provided, further, that the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section thirteen of this act shall not affect the expiration of such subdivision pursuant to section 406 of chapter 166 of the laws of 1991, as amended, when upon such date the provisions of section thirteen-a of this act shall take effect; and (k) provided, further, that the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section thirteen-a of this act shall not affect the expiration of such subdivision pursuant to chapter 746 of the laws of 1988, as amended, and shall be deemed to expire therewith, when upon such date the provisions of section thir- teen-b of this act shall take effect.
2009-S2709C - Details
- Current Committee:
- Senate Transportation
2009-S2709C - Sponsor Memo
BILL NUMBER: S2709C
TITLE OF BILL :
An act to amend the vehicle and traffic law and the public officers
law, in relation to establishing in a city with a population of one
million or more a bus rapid transit and bus mobility demonstration
program to enforce restrictions on the use of bus lanes by means of
bus lane photo devices; and providing for the repeal of such
provisions upon expiration thereof
SUMMARY OF PROVISIONS :
This bill amends the Vehicle and Traffic Law and the Public Officers
Law to authorize the City of New York to establish a Bus Rapid Transit
and Bus Mobility Demonstration Program imposing liability on the
owners of motor vehicles found to be in violation of City restrictions
on the use of bus lanes through the use of bus lane photo devices. Bus
lane photo devices will record data by photographic, micrographic,
video tape, digital video recorder or other recording methods and
produce one or more images or sequence of video images of the motor
vehicle at the time it is in violation of bus lane restrictions. The
bus lane photo devices will be utilized exclusively within the routes
receiving improvements as part of the Bus Rapid Transit and Bus
Mobility Demonstration Program.
JUSTIFICATION :
The New York City Department of Transportation in coordination with the New York State Department of Transportation and MTA New York City Transit Authority is implementing a Bus Rapid Transit and Bus Mobility Demonstration Program. This program will provide faster, more reliable, and more attractive bus service throughout the City, using a variety of techniques, including but not limited to upgraded signage, enhanced markings of bus lanes, traffic signals that give buses priority, and proof of payment fare collection. The Bus Rapid Transit and Bus Mobility Demonstration Program will provide New Yorkers and visitors to the City with new and high performance transit options. These options are necessary given the 53\ rise in bus ridership in the City over the past 30 years and the subsequent reduction in bus speeds due to increased traffic. The Bus Rapid Transit and Bus Mobility Demonstration Program will consist of improvements to various bus routes; however, the use of bus lane photo devices shall be limited to cover no more than 50 miles of bus lanes and shall operate only on weekdays from 7:00 am to 7:00 pm. To ensure the success of the Bus Rapid Transit and Bus Mobility Demonstration Program, it is imperative that the designated bus lanes remain free of unauthorized motor vehicles. This legislation will enhance the enforcement efforts of the New York city police Department as the program operates in much the same manner as the City's Red Light Camera Program which has successfully reduced the incidence of red light violations. Technology will be used to capture photos or videos of vehicles that are in violation of the city's rules regarding bus lane restrictions, which specifically preclude motor vehicles from standing, parking or driving within a bus lane. The images taken will then be used as evidence in a proceeding to impose liability on the owner of the vehicle. The equipment may consist of fixed-location units, mobile units which can be moved around to various locations, and/or units mounted on the buses themselves. The cameras will be used exclusively within the routes receiving improvements as part of the Bus Rapid Transit and Bus Mobility Demonstration Program. The violation will be treated as the equivalent of a parking ticket; therefore, no points will be assessed against the driver. Initial implementation of Select Bus Service on Fordham Road in Bronx County and 34th street in New York County has resulted in significant improvements in bus speed and bus reliability, and has received widespread support from bus riders. Bus travel time on Fordham Road has been decreased by as much as 24%, and surveys of riders show that 89% feel that the service has been improved. The enactment of this legislation will build on this initial success and ensure that the city is successful in providing more efficient and effective bus service to the people and visitors of the City of New York. This will, in turn, attract new ridership, helping to meet the City's mobility, environmental, and public health goals. LEGISLATIVE HISTORY : New bill. FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law and shall expire 7 years after such effective date when upon such date the provisions of this act shall be deemed repealed.
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
(D, WF) Senate District
(D, WF) Senate District
(D, IP) Senate District
(D, WF) Senate District
(D) 11th Senate District
2009-S2709D (ACTIVE) - Details
- Current Committee:
- Senate Transportation
2009-S2709D (ACTIVE) - Sponsor Memo
BILL NUMBER: S2709D
TITLE OF BILL :
An act to amend the vehicle and traffic law and the public officers
law, in relation to establishing in a city with a population of one
million or more a bus rapid transit and bus mobility demonstration
program to enforce restrictions on the use of bus lanes by means of
bus lane photo devices; and providing for the repeal of such
provisions upon expiration thereof
SUMMARY OF PROVISIONS :
This bill amends the Vehicle and Traffic Law and the Public Officers
Law to authorize the City of New York to establish a Bus Rapid Transit
and Bus Mobility Demonstration Program imposing liability on the
owners of motor vehicles found to be in violation of City restrictions
on the use of bus lanes through the use of bus lane photo devices. Bus
lane photo devices will record data by photographic, micrographic,
video tape, digital video recorder or other recording methods and
produce one or more images or sequence of video images of the motor
vehicle at the time it is in violation of bus lane restrictions. The
bus lane photo devices will be utilized exclusively within the routes
receiving improvements as part of the Bus Rapid Transit and Bus
Mobility Demonstration Program.
JUSTIFICATION :
The New York City Department of Transportation in coordination with the New York State Department of Transportation and MTA New York City Transit Authority is implementing a Bus Rapid Transit and Bus Mobility Demonstration Program. This program will provide faster, more reliable, and more attractive bus service throughout the City, using a variety of techniques, including but not limited to upgraded signage, enhanced markings of bus lanes, traffic signals that give buses priority, and proof of payment fare collection. The Bus Rapid Transit and Bus Mobility Demonstration Program will provide New Yorkers and visitors to the City with new and high performance transit options. These options are necessary given the 53\ rise in bus ridership in the City over the past 30 years and the subsequent reduction in bus speeds due to increased traffic. The Bus Rapid Transit and Bus Mobility Demonstration Program will consist of improvements to various bus routes; however, the use of bus lane photo devices shall be limited to cover no more than 50 miles of bus lanes and shall operate only on weekdays from 7:00 am to 7:00 pm. To ensure the success of the Bus Rapid Transit and Bus Mobility Demonstration Program, it is imperative that the designated bus lanes remain free of unauthorized motor vehicles. This legislation will enhance the enforcement efforts of the New York city police Department as the program operates in much the same manner as the City's Red Light Camera Program which has successfully reduced the incidence of red light violations. Technology will be used to capture photos or videos of vehicles that are in violation of the city's rules regarding bus lane restrictions, which specifically preclude motor vehicles from standing, parking or driving within a bus lane. The images taken will then be used as evidence in a proceeding to impose liability on the owner of the vehicle. The equipment may consist of fixed-location units, mobile units which can be moved around to various locations, and/or units mounted on the buses themselves. The cameras will be used exclusively within the routes receiving improvements as part of the Bus Rapid Transit and Bus Mobility Demonstration Program. The violation will be treated as the equivalent of a parking ticket; therefore, no points will be assessed against the driver. Initial implementation of Select Bus Service on Fordham Road in Bronx County and 34th street in New York County has resulted in significant improvements in bus speed and bus reliability, and has received widespread support from bus riders. Bus travel time on Fordham Road has been decreased by as much as 24%, and surveys of riders show that 89% feel that the service has been improved. The enactment of this legislation will build on this initial success and ensure that the city is successful in providing more efficient and effective bus service to the people and visitors of the City of New York. This will, in turn, attract new ridership, helping to meet the City's mobility, environmental, and public health goals. LEGISLATIVE HISTORY : New bill. FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall become a law and shall expire 7 years after such effective date when upon such date the provisions of this act shall take effect.
2009-S2709D (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2709--D
2009-2010 Regular Sessions
I N S E N A T E
February 27, 2009
___________
Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON, KRUEGER, PERKINS,
SAMPSON, SAVINO, SERRANO, SQUADRON, STAVISKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee and committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing in a city with a population of one million
or more a bus rapid transit and bus mobility demonstration program to
enforce restrictions on the use of bus lanes by means of bus lane
photo devices; and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 235 of the vehicle and traffic
law, as separately amended by section 1 of chapters 20, 21 and 22 of the
laws of 2009, is amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08926-06-9
S. 2709--D 2 chapter in accordance with section eleven hundred eleven-b of this chap- ter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWEN- TY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision], or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accord- ance with the provisions of section two thousand nine hundred eighty- five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. S 1-a. Section 235 of the vehicle and traffic law, as separately amended by section 2 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: S 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this section], or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. S 1-b. Section 235 of the vehicle and traffic law, as separately amended by section 3 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: S 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this section], or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF S. 2709--D 3 OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAP- TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. S 1-c. Section 235 of the vehicle and traffic law, as separately amended by chapter 715 of the laws of 1972 and chapter 379 of the laws of 1992, is amended to read as follows: S 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU- DICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by section 4 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-a of this chapter or subdivision (a) of section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine which amended this subdivision, shall adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with such section eleven hundred eleven-a or such section eleven hundred eleven-b as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] and shall adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAP- TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of abandoned vehicle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traf- fic of the city or an official possessing authority as such a commis- sioner. S. 2709--D 4 S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by section 5 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision], shall adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with such section eleven hundred eleven-b as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision], AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addi- tion for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation, AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. S 3. Subdivision 11 of section 237 of the vehicle and traffic law, as added by chapter 379 of the laws of 1992, is amended to read as follows: 11. To adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty[.]; S 4. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 12 to read as follows: 12. TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEV- EN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. S 5. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by section 8 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant S. 2709--D 5 to authorization set forth in section eleven hundred eleven-a of this chapter or section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWEN- TY-TWO of the laws of two thousand nine [which amended this paragraph], and shall not be deemed to include a notice of liability issued pursuant to section two thousand nine hundred eighty-five of the public authori- ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by section 9 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-b of this chap- ter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWEN- TY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this paragraph] AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. S 5-b. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as added by chapter 180 of the laws of 1980, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. S 6. Subdivision 4 of section 239 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 4. Applicability. The provisions of paragraph b of subdivision two and subdivision three of this section shall not be applicable to determi- nations of owner liability for the failure of an operator to comply with subdivision (d) of section eleven hundred eleven of this chapter and shall not be applicable to determinations of owner liability imposed pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap- ter seven hundred seventy-four of the laws of nineteen hundred fifty AND SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. S 6-a. Section 239 of the vehicle and traffic law is amended by adding a new subdivision 4 to read as follows: 4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI- NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER. S 7. Subdivision 1 of section 240 of the vehicle and traffic law, as separately amended by section 10 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-a of this chapter or section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this paragraph], for a S. 2709--D 6 violation of subdivision (d) of section eleven hundred eleven of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered ther- eon. S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as separately amended by section 11 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] for a violation of subdivision (d) of section eleven hundred eleven of this chapter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he OR SHE must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon. S 7-b. Subdivision 1 of section 240 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he OR SHE must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liabil- ity, and that a default judgment may be entered thereon. S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as separately amended by section 10 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: S. 2709--D 7 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. S 8-a. Subdivision 1-a of section 240 of the vehicle and traffic law, as separately amended by section 11 of chapters 20, 21 and 22 of the laws of 2009, is amended to read as follows: 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-b of this chapter, as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. S 8-b. Subdivision 1-a of section 240 of the vehicle and traffic law, as added by chapter 365 of the laws of 1978, is amended to read as follows: 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER IS BEING CONTESTED, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as separately amended by section 10 of chapters 20, 21 and 22 of the laws of 2009, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this paragraph] or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred S. 2709--D 8 eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this paragraph] is contested or of a hearing at which liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty is contested OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER IS CONTESTED. Recording devices may be used for the making of the record. S 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as separately amended by section 11 of chapters 20, 21 and 22 of the laws of 2009, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-b of this chapter, as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this paragraph] OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred eleven-b of this chapter, as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this paragraph] OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER IS CONTESTED. Recording devices may be used for the making of the record. S 9-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as added by chapter 715 of the laws of 1972, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER IS CONTESTED. Recording devices may be used for the making of the record. S 10. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by section 12 of chapters 20, 21 and 22 of the laws of 2009, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine either the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] or the record of liabilities incurred in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty of the person charged OR THE RECORD OF LIABILITIES INCURRED IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, as applicable S. 2709--D 9 prior to rendering a final determination. Final determinations sustain- ing or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] or fails to contest an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admis- sion of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] alleged or liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] or contesting an allega- tion of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, as appropriate, or making an appearance within thirty days of the sending of such notice. Pleas entered and allegations contested within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the S. 2709--D 10 case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or contesting an allegation. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he shall impose no greater penalty or fine than those upon which the person was originally charged. S 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by section 13 of chapters 20, 21 and 22 of the laws of 2009, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine either the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] of the person charged OR THE RECORD OF LIABIL- ITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, as applicable prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision] OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead, contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability in accordance with section eleven hundred eleven-b of this chapter, as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which amended this subdivision], alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which S. 2709--D 11 amended this subdivision] OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, as appropriate, or making an appearance within thirty days of the sending of such notice. Pleas entered and allegations contested within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or contesting an allegation. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he or she shall impose no greater penalty or fine than those upon which the person was originally charged. S 10-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, subdivision 1 as added by chapter 715 of the laws of 1972, subdivi- sion 2 as amended by chapter 365 of the laws of 1978, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he OR SHE may examine EITHER the prior parking violations record of the person charged, OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regu- lation of the bureau, such failure to plead, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea, OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or making an appearance within thirty days of the sending of such notice. Pleas entered within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of S. 2709--D 12 New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he OR SHE shall impose no greater penalty or fine than those upon which the person was originally charged. S 11. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 1 of chapter 19, section 14 of chapters 20, 21 and 22 and section 1 of chapter 23 of the laws of 2009, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eigh- teen month period, charging either that (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority or (ii) the registrant was liable in accordance with section eleven hundred eleven-a of this chap- ter or section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter OR (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administra- tive tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an applica- tion is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 2 of chapter 19, section 15 of chapters 20, 21 and 22 and section 2 of chapter 23 of the laws of 2009, is amended to read as follows: S. 2709--D 13 a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority or (ii) the registrant was liable in accordance with section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter OR (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or admin- istrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by chapters 339 and 592 of the laws of 1987, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his OR HER represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that: (A) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his OR HER agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, OR (B) THE REGISTRANT WAS LIABLE IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the commissioner or his OR HER agent shall deny the registration or renewal application until the applicant provides proof from the court or admin- S. 2709--D 14 istrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal follow- ing entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his OR HER discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commis- sioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reason- able grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S 12. The vehicle and traffic law is amended by adding a new section 1111-c to read as follows: S 1111-C. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS LANE RESTRICTIONS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A BUS RAPID TRANSIT AND BUS MOBILITY DEMON- STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH BUS LANE RESTRICTIONS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY, FOR PURPOSES OF THE IMPLEMEN- TATION OF SUCH PROGRAM, SHALL OPERATE BUS LANE PHOTO DEVICES ONLY WITHIN SUCH BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM IN SUCH CITY. SUCH BUS LANE PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTA- TION AND/OR ON BUSES SELECTED BY SUCH DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE APPLICABLE MASS TRANSIT AGENCY. ANY MOBILE BUS LANE PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS LANE RESTRICTIONS, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. ANY IMAGE OR IMAGES CAPTURED BY STATIONARY BUS LANE PHOTO DEVICES SHALL BE INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE DEPARTMENT OF MOTOR VEHICLES INVOLV- ING LICENSURE PRIVILEGES OF BUS OPERATORS. A CITY AUTHORIZED TO INSTALL A BUS LANE PHOTO DEVICE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSEN- GERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTITY AND IDENTIFYING INFORMA- TION MAY BE CAPTURED BY A BUS LANE PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE: 1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH BUS LANE PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE; 2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS LANE PHOTO DEVICES EXCEPT AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; OR TO RESPOND TO REQUESTS BY S. 2709--D 15 LAW ENFORCEMENT OFFICIALS PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY LAW; 3. THE INSTALLATION OF SIGNAGE AT REGULAR INTERVALS WITHIN RESTRICTED BUS LANES STATING THAT BUS LANE PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS ON VEHICULAR TRAFFIC IN BUS LANES; AND 4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED PRIVACY-PROTECTION MEASURES. WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, SUCH BUS LANE PHOTO DEVICES SHALL BE OPERATED ON NO MORE THAN FIFTY MILES OF BUS LANES WITHIN SUCH CITY AND ONLY DURING WEEKDAYS FROM 7:00 A.M. TO 7:00 P.M. (B) IN ANY CITY THAT HAS ESTABLISHED A BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS LANE RESTRICTIONS THAT APPLY TO ROUTES WITHIN SUCH DEMONSTRATION PROGRAM, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A BUS LANE PHOTO DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPER- ATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY BUS LANE RESTRICTIONS. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN: 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 2. "BUS LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF BUS LANE RESTRICTIONS. 3. "BUS LANE RESTRICTIONS" SHALL MEAN RESTRICTIONS ON THE USE OF DESIGNATED TRAFFIC LANES BY VEHICLES OTHER THAN BUSES IMPOSED ON ROUTES WITHIN A BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM BY RULE OR SIGNS ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTABLISHES SUCH A DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION. 4. "BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM" SHALL MEAN A PROGRAM THAT OPERATES ON ROUTES DESIGNATED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTABLISHES SUCH A DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION AND SHALL OPERATE ON ROUTES RECEIVING IMPROVE- MENTS AS PART OF SUCH PROGRAM. SUCH IMPROVEMENTS SHALL INCLUDE UPGRADED SIGNAGE AND ENHANCED MARKINGS OF THE TRAFFIC LANES DESIGNATED FOR BUSES, AND MAY INCLUDE, BUT NOT BE LIMITED TO, SIGNALS THAT PROLONG THE GREEN PHASE FOR APPROACHING BUSES, OFF-BOARD FARE COLLECTION, AND OTHER SIMI- LAR IMPROVEMENTS. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR CONTRACTOR, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTO- GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION IMPOSED ON ANY ROUTE WITHIN A BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS S. 2709--D 16 BUREAU OF SUCH CITY; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS LANE RESTRICTION SHALL NOT EXCEED ONE HUNDRED FIFTEEN DOLLARS; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDI- TIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- CLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE RESTRICTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE RESTRICTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE BUS LANE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY SUCH CITY. (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV- ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF A BUS LANE RESTRICTION, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. S. 2709--D 17 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS. (L) ANY CITY THAT ADOPTS A BUS RAPID TRANSIT AND BUS MOBILITY DEMON- STRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF BUS LANE PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOUSAND FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS LANE PHOTO DEVICES WERE USED; 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL BASIS; 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST NOTICE OF LIABILITY; 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. S 13. The opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 4 of chapter 19, section 17 of chapters 20, 21 and 22 and section 4 of chapter 23 of the laws of 2009, are amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter OR OTHER THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this S. 2709--D 18 chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. S 13-a. The opening paragraph of subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 5 of chapter 19, section 18 of chapters 20, 21 and 22 and section 5 of chapter 23 of the laws of 2009, is amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regu- lation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter OR OTHER THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. S 13-b. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by chapter 16 of the laws of 1983 and chapter 62 of the laws of 1989, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. S 14. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (l) to read as follows: S. 2709--D 19 (L) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-C OF THE VEHICLE AND TRAFFIC LAW. S 15. This act shall take effect on the thirtieth day after it shall have become a law and shall expire 7 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided that any rules and regulations necessary for the implemen- tation of this act on its effective date shall be promulgated on or before such date; (a) provided, however, that the amendments to subdivision 1 of section 235 of the vehicle and traffic law made by section one of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-a of this act shall take effect, provided, further, however, that the amendments to section 235 of the vehicle and traffic law made by section one-a of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-b of this act shall take effect; provided, further, however, that the amendments to section 235 of the vehicle and traffic law made by section one-b of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-c of this act shall take effect; (b) provided, further, that the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-a of this act shall take effect; provided, further, that the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-a of this act shall not affect the expiration of such subdi- vision and shall be deemed to expire therewith, when upon such date the provisions of section two-b of this act shall take effect; (c) provided, further, that the amendments to paragraph f of subdivi- sion 1 of section 239 of the vehicle and traffic law made by section five of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section five-a of this act shall take effect; provided, further, that the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section five-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section five-b of this act shall take effect; (d) provided, further, that the amendments to subdivision 4 of section 239 of the vehicle and traffic law made by section six of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith, when upon such date the provisions of section six-a of this act shall take effect; (e) provided, further, that the amendments to subdivision 1 of section 240 of the vehicle and traffic law made by section seven of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section seven-a of this act shall take effect; provided, further, that the amendments to subdivision 1 of section 240 of the vehicle and traffic law made by section seven-a of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section seven-b of this act shall take effect; S. 2709--D 20 (f) provided, further, that the amendments to subdivision 1-a of section 240 of the vehicle and traffic law made by section eight of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section eight-a of this act shall take effect; provided, further, that the amendments to subdivision 1-a of section 240 of the vehicle and traffic law made by section eight-a of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section eight-b of this act shall take effect; (g) provided, further, that the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section nine of this act shall not affect the expiration of such para- graphs and shall be deemed to expire therewith, when upon such date the provision of section nine-a of this act shall take effect; provided, further, that the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section nine-a of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section nine-b of this act shall take effect; (h) provided, further, that the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section ten of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section ten-a of this act shall take effect; provided, further, that the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section ten-a of this act shall not affect the expi- ration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section ten-b of this act shall take effect; (i) provided, further, that the amendments to subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section eleven of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section eleven-a of this act shall take effect; provided, further, that the amendments to paragraph a of subdi- vision 5-a of section 401 of the vehicle and traffic law made by section eleven-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section eleven-b of this act shall take effect; (j) provided, further, that the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section thirteen of this act shall not affect the expiration of such subdivision pursuant to section 406 of chapter 166 of the laws of 1991, as amended, and shall be deemed to expire therewith, when upon such date the provisions of section thir- teen-a of this act shall take effect; and (k) provided, further, that the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section thirteen-a of this act shall not affect the expiration of such subdivision pursuant to chapter 746 of the laws of 1988, as amended, and shall be deemed to expire therewith, when upon such date the provisions of section thir- teen-b of this act shall take effect.
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