S T A T E   O F   N E W   Y O R K
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                                 7996--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2015
                               ___________

Introduced  by  M.  of  A.  ROZIC,  HEVESI, KAVANAGH, SEPULVEDA, CRESPO,
  O'DONNELL, BLAKE, QUART, SEAWRIGHT, LINARES, RODRIGUEZ, MOSLEY,  DAVI-
  LA,  PICHARDO,  BRENNAN,  BENEDETTO,  BROOK-KRASNY,  GLICK, ROSENTHAL,
  SIMON, LENTOL, WALKER,  GOTTFRIED,  DINOWITZ,  JOYNER,  ORTIZ,  TITUS,
  RICHARDSON, AUBRY, BICHOTTE -- read once and referred to the Committee
  on  Transportation  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation  to  extending,
  in  a  city  with  a  population of one million or more, the bus rapid
  transit program; to amend part II of chapter 59 of the laws  of  2010,
  relating  to establishing a bus rapid transit demonstration program to
  restrict the use of bus lanes by means of bus lane photo  devices,  in
  relation to the effectiveness date thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 1 of subdivision (a) of  section  1111-c  of  the
vehicle  and traffic law, as added by section 9 of part II of chapter 59
of the laws of 2010, is amended to read as follows:
  1. Notwithstanding any other provision of law, the city of New York is
hereby authorized and empowered to establish a bus rapid transit [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  New
York  city department of transportation or applicable mass transit agen-
cy, for purposes of the implementation of such  program,  shall  operate
bus  lane  photo  devices  only  within DESIGNATED BUS LANES IN such bus
rapid transit [demonstration] program [and on select bus  service  lanes
in  such  city]. Such bus lane photo devices may be stationary or mobile
and shall be activated at locations determined  by  such  department  of
transportation  and/or on buses selected by such department of transpor-
tation in consultation with the applicable mass transit agency.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10971-18-5
              

A. 7996--A                          2

  S 2. Paragraph 4 of subdivision (a) of section 1111-c of  the  vehicle
and  traffic  law, as added by section 9 of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
  4. Within the city of New York, such bus lane photo devices shall only
be  operated on designated bus lanes [that are select bus service lanes]
within the bus rapid transit [demonstration] program  and  only  [during
weekdays] from 7:00 a.m. to 7:00 p.m.  WARNING NOTICES OF VIOLATION WILL
BE  ISSUED  DURING  THE FIRST SIXTY DAYS THAT BUS LANE PHOTO DEVICES ARE
OPERATED ON EACH ROUTE IN THE BUS RAPID TRANSIT PROGRAM THAT  IS  ESTAB-
LISHED AFTER JUNE FIFTEENTH, TWO THOUSAND FIFTEEN.
  S 3. Subdivision (b) of section 1111-c of the vehicle and traffic law,
as  added  by section 9 of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
  (b) If the city of New  York  has  established  a  bus  rapid  transit
[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 operator of such
vehicle has been convicted of the underlying violation of any  bus  lane
restrictions.
  S  4. Paragraphs 3, 4, 5, 6 and 7 of subdivision (c) of section 1111-c
of the vehicle and traffic law, paragraphs 3, 4, 5 and  6  as  added  by
section  9 of part II of chapter 59 of the laws of 2010, and paragraph 7
as amended by section 2 of part SS of chapter 57 of the  laws  of  2010,
are amended to read as follows:
  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  [demonstration] program by local law and
signs erected by the department of transportation of a city that  estab-
lishes such a [demonstration] program pursuant to this section.
  4.  "Bus Rapid Transit Phase I plan" shall mean the following five bus
rapid transit routes as designated by the New York  city  department  of
transportation:  Fordham  Road,  First/Second  Avenue,  Nostrand Avenue,
Thirty-Fourth Street, Hylan Boulevard, and an undesignated route in  the
borough  of Queens not to exceed ten miles. [For purposes of the Fordham
Road and First/Second Avenue routes, the  authorization  of  this  pilot
program  is  limited to the designated bus lanes as mapped and posted on
the official metropolitan transportation authority website  as  of  June
seventeenth,  two  thousand  ten. Such designated bus lanes shall not be
extended, shifted to another  roadway  or  altered  in  any  other  way.
Provided,  however,  that nothing shall prohibit the alteration or addi-
tion of any bus stops within such mapped routes.
  5. "select bus service lane" shall mean a  designated  bus  lane  that
includes  upgraded  signage,  enhanced  road  markings, minimum bus stop
spacing, and may include off-board fare payment, traffic signal priority
for buses, and any other enhancement that increases bus speed  or  reli-
ability within the "Bus Rapid Transit Phase I" plan.
  6] 5.  "bus rapid transit [demonstration] program" shall mean [a pilot
program that operates exclusively on select bus service lanes within the
"Bus  Rapid  Transit  Phase  I" plan pursuant to this section. Provided,
however, to utilize a bus lane photo device pursuant  to  this  program,
the  roadway,  except  for the 34th Street and Nostrand Avenue bus rapid

A. 7996--A                          3

transit routes, must have at least two lanes  of  traffic  in  the  same
direction  in  addition to the select bus service lane] UP TO TEN ROUTES
DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION IN  CONSUL-
TATION  WITH  THE APPLICABLE MASS TRANSIT AGENCY, IN ADDITION TO THE BUS
RAPID TRANSIT PHASE I PLAN ROUTES, THAT OPERATE ON DESIGNATED BUS  LANES
AND  THAT  MAY INCLUDE UPGRADED SIGNAGE, ENHANCED ROAD MARKINGS, MINIMUM
BUS STOP SPACING, OFF-BOARD FARE PAYMENT, TRAFFIC  SIGNAL  PRIORITY  FOR
BUSES,   AND   ANY   OTHER  ENHANCEMENT  THAT  INCREASES  BUS  SPEED  OR
RELIABILITY.
  [7] 6.  "designated bus lane" shall mean  a  lane  dedicated  for  the
exclusive  use  of  buses  with the exceptions allowed under 4-12(m) and
4-08(a)(3) of title 34 of the rules of the city of New York.
  S 5. Subdivision (e) of section 1111-c of the vehicle and traffic law,
as added by section 9 of part II of chapter 59 of the laws of  2010,  is
amended to read as follows:
  (e)  An owner liable for a violation of a bus lane restriction imposed
on any route within a bus rapid transit [demonstration] program shall be
liable for monetary penalties in accordance with a schedule of fines and
penalties promulgated by the parking violations bureau of  the  city  of
New  York;  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 additional
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.
  S 6. The opening paragraph of section 14 of part II of chapter  59  of
the  laws  of  2010, relating to establishing a bus rapid transit demon-
stration program to restrict the use of bus lanes by means of  bus  lane
photo devices, is amended to read as follows:
  This  act  shall  take effect on the ninetieth day after it shall have
become a law and shall expire [5] 10 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 related to this act shall be
promulgated on or before such effective date, provided that:
  S  7. This act shall take effect immediately; provided that the amend-
ments to section 1111-c of the vehicle and traffic law made by  sections
one,  two,  three, four and five of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.