NY State Senate Bill 2015-S5608

Senate Bill S5608

Signed By Governor

2015-2016 Legislative Session

Relates to extending, in a city with a population of one million or more, the bus rapid transit program

download bill text pdf

Archive: Last Bill Status Via A7996 - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 18, 2015	signed chap.239
Sep 15, 2015	delivered to governor
Jun 25, 2015	returned to assembly passed senate substituted for s5608a
Jun 25, 2015	substituted by a7996a vote reconsidered - restored to third reading passed senate ordered to third reading cal.1894 committee discharged and committed to rules
Jun 12, 2015	print number 5608a
Jun 12, 2015	amend (t) and recommit to transportation
May 19, 2015	referred to transportation

Votes

- Jun 25, 2015 - Floor Vote
  A7996
  
  48
  
  Aye
  
  11
  
  Nay
  
  1
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 25, 2015
      
      aye (48)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Murphy
      
      Nozzolio
      
      Ortt
      
      Panepinto
      
      Parker
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (11)
      
      DeFrancisco
      
      Felder
      
      Hamilton
      
      Hassell-Thompson
      
      LaValle
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Savino
      
      Serino
      
      absent (1)
      
      Sampson
      
      excused (3)
      
      Libous
      
      Peralta
      
      Perkins
  Jun 25, 2015 - Rules Committee Vote
  S5608
  
  21
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 25, 2015
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (2)
      
      LaValle
      
      Montgomery
      
      absent (1)
      
      Parker
      
      excused (1)
      
      Perkins

Bill Amendments

Original

A (Active)

2015-S5608 - Details

See Assembly Version of this Bill:: A7996
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1111-c, rpld §1111-c sub (1), V & T L; amd Part II §14, Chap 59 of 2010

2015-S5608 - Summary

Relates to extending, in a city with a population of one million or more, the bus rapid transit program.

2015-S5608 - Sponsor Memo

                                BILL NUMBER:S5608

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to establishing, in a city with a population of one million
or more, a permanent 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; and to repeal subdivision (1) of section 1111-c of the
vehicle and traffic law relating thereto

SUMMARY OF PROVISIONS:  This bill amends the Vehicle and Traffic Law
and section 14 of Part II of chapter 59 of the laws of 2010 to
authorize the City of New York to replace the bus rapid transit
demonstration program with a permanent bus rapid transit program. It
would also allow the City to use bus lane photo devices to help
enforce restrictions on the use of designated bus rapid transit lanes
by unauthorized motorists.

REASONS FOR SUPPORT:  New York City has the highest bus ridership in
the United States, with over three million passenger trips made daily.
However, New York City also has the slowest bus speeds in the country,
with buses averaging speeds of under eight miles per hour--and even
slower speeds in congested areas and at busy times of day. To improve
bus service, the New York City Department of Transportation (DOT)
partnered with MTA New York City Transit (NYCT) to collectively design

and operate more efficient and reliable service. By carefully applying
certain elements, such as frequent service, faster fare payment, and
dedicated bus lanes, DOT and NYCT created New York City's version of
bus rapid transit, a part of which is the City's Select Bus Service
(SBS).

Since the launch of the first SBS route in 2008, DOT and NYCT have
successfully implemented seven SBS routes in the five boroughs
-Fordham Road, Webster Avenue, 1st and 2nd Avenues, 34th Street, 125th
Street to LaGuardia Airport, Nostrand and Rogers Avenues, and Hylan
Boulevard. These seven SBS corridors carry over 200,000 passengers
across the City daily - providing riders with faster and more reliable
service. In the summer of 2010, New York City was given legislative
authorization to operate a temporary bus rapid transit demonstration
program that utilizes a camera-based bus lane enforcement system, and
the City began operating the system in November 2010.

This 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 is used to capture photos or videos of
vehicles that are in violation of the City's rules regarding bus lane
restrictions, which specifically restrict motor vehicles' ability to
stand, park or drive within a bus lane. The images are taken and used
as evidence in a proceeding to determine the liability of the owner of
the vehicle. The equipment consists of fixed-location units and mobile
units that can be moved around to various locations. The violations
are treated as the equivalent of a parking ticket; therefore, no
points are assessed against the driver.  By using camera-based
enforcement we have seen an average 10% increase in SBS corridor bus
ridership and a 15% - 23% improvement in travel for all SBS riders.
However, the legislative authority for the demonstration program will


expire in September 2015 pursuant to a sunset provision in the chapter
law that originally established it.

To ensure the continued success of the bus rapid transit program, it
is essential that designated bus lanes continue to remain free of
unauthorized motor vehicles. The current law only allows New York City
to use camera enforcement on five of the seven SBS routes currently in
operation. On two of our routes, 125th Street to LaGuardia Airport and
Webster Avenue in the Bronx, we are unable to use bus lane camera
enforcement. The lack of camera enforcement reduces the effectiveness
of those routes, which are intended to serve as bus rapid transit
lanes, as well as any future rapid transit routes that NYCT and DOT
plan to launch. The proposed legislation would enhance the program's
expansion efforts by adding an additional twenty bus lanes that can be
camera-enforced. With the City committing itself to establishing a
total of twenty SBS routes by 2018, it is imperative that the City's
bus rapid transit program be given permanent status, and that this
program be granted continued authority to use a camera-based
enforcement system so as to ensure the unimpaired use of bus rapid
transit lanes by authorized vehicles only. This will, in turn, attract
new ridership, helping to meet the City's mobility, environmental, and
economic opportunity goals.

2015-S5608 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5608

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 19, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  establish-
  ing,  in  a city with a population of one million or more, a permanent
  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; and to repeal
  subdivision (1) of section 1111-c  of  the  vehicle  and  traffic  law
  relating thereto

  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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10971-01-5

S. 5608                             2

  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.
  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, and 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
transit routes, must have at least two lanes  of  traffic  in  the  same
direction  in  addition  to  the  select  bus service lane] UP TO TWENTY
ROUTES DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION,  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,  AND  MINIMUM  BUS STOP SPACING, OFF-BOARD FARE PAYMENT,

S. 5608                             3

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. Subdivision (1) of section 1111-c of the vehicle and traffic law
is REPEALED.
  S 7. 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 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 8. This act shall take effect immediately.

2015-S5608A (ACTIVE) - Details

See Assembly Version of this Bill:: A7996
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1111-c, rpld §1111-c sub (1), V & T L; amd Part II §14, Chap 59 of 2010

2015-S5608A (ACTIVE) - Summary

Relates to extending, in a city with a population of one million or more, the bus rapid transit program.

2015-S5608A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5608A

TITLE OF BILL:  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

SUMMARY OF PROVISIONS:

This bill amends the Vehicle and Traffic Law and section 14 of Part II
of chapter 59 of the laws of 2010 to reauthorize the City of New
York's bus rapid transit demonstration program. It would also allow
the City to use bus lane photo devices to help enforce restrictions on
the use of designated bus rapid transit lanes by unauthorized
motorists.

JUSTIFICATION:

New York City has the highest bus ridership in the United States, with
over three million passenger trips made daily. However, New York City
also has the slowest bus speeds in the country, with buses averaging
speeds of under eight miles per hour-and even slower speeds in
congested areas and at busy times of day. To improve bus service, the
New York City Department of Transportation (DOT) partnered with MTA

New York City Transit (NYCT) to collectively design and operate more
efficient and reliable service. By carefully applying certain
elements, such as frequent service, faster fare payment, and dedicated
bus lanes, DOT and NYCT created New York City's version of bus rapid
transit, a part of which is the City's Select Bus Service (SBS).

Since the launch of the first SBS route in 2008, DOT and NYCT have
successfully implemented seven SBS routes in the five boroughs
-Fordham Road, Webster Avenue, 1st and 2nd Avenues, 34th Street, 125th
Street to LaGuardia Airport, Nostrand and Rogers Avenues, and Hylan
Boulevard. These seven SBS corridors carry over 200,000 passengers
across the City daily providing riders with faster and more reliable
service. In the summer of 2010, New York City was given legislative
authorization to operate a temporary bus rapid transit demonstration
program that utilizes a camera-based bus lane enforcement system, and
the City began operating the system in November 2010.

This 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 is used to capture photos or videos of
vehicles that are in violation of the City's rules regarding bus lane
restrictions, which specifically restrict motor vehicles' ability to
stand, park or drive within a bus lane. The images are taken and used
as evidence in a proceeding to determine the liability of the owner of
the vehicle. The equipment consists of fixed-location units and mobile
units that can be moved around to various locations. The violations
are treated as the equivalent of a parking ticket; therefore, no
points are assessed against the driver. By using camera-based
enforcement we have seen an average 10% increase in SBS corridor bus
ridership and a 15% - 23% improvement in travel time for all SBS
riders. However, the legislative authority for the demonstration


program will expire in September 2015 pursuant to a sunset provision
in the chapter law that originally established it.

To ensure the continued success of the bus rapid transit program, it
is essential that designated bus lanes continue to remain free of
unauthorized motor vehicles. The current law only allows New York City
to use camera enforcement on five of the seven SBS routes currently in
operation. On two of our routes, 125th Street to LaGuardia Airport and
Webster Avenue in the Bronx, we are unable to use bus lane camera
enforcement. The lack of camera enforcement reduces the effectiveness
of those routes, which are intended to serve as bus rapid transit
lanes, as well as any future rapid transit routes that NYCT and DOT
plan to launch. The proposed legislation would enhance the program's
expansion efforts by adding an additional ten bus lanes that can be
camera-enforced, as well as a 60 day warning period on new routes.
With the City committing itself to establishing a total of twenty SBS
routes by 2018, it is imperative that the City's bus rapid transit
program be expanded, and that this program be granted continued
authority to use a camera-based enforcement system so as to ensure the
unimpaired use of bus rapid transit lanes by authorized vehicles only.
This will, in turn, attract new ridership, helping to meet the City's
mobility, envir onmental, and economic opportunity goals.

FISCAL IMPLICATIONS:

None to State

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5608A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5608--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 19, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10971-19-5

S. 5608--A                          2

  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
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-

S. 5608--A                          3

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.

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