NY State Senate Bill 2009-S2709

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

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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

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Actions

View Actions

	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

Bill Amendments

Original

D (Active)

2009-S2709 - Details

Current Committee:: Senate Transportation

2009-S2709 - Summary

Establishes in a city with a population of one million or more a bus rapid transit and bus mobility demonstration program to enforce certain restrictions on the use of bus lanes by means of bus lane photo devices.

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-S2709 - Bill Text download pdf

2009-S2709A - Details

Current Committee:: Senate Transportation

2009-S2709A - Summary

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-S2709A - Bill Text download pdf

2009-S2709B - Details

Current Committee:: Senate Transportation

2009-S2709B - Summary

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 - Summary

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.

2009-S2709C - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S2709D (ACTIVE) - Details

Current Committee:: Senate Transportation

2009-S2709D (ACTIVE) - Summary

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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