NY State Senate Bill 2017-S8597

Senate Bill S8597

2017-2018 Legislative Session

Removes caps on automated enforcement cameras for bus lanes and traffic lights in the city of New York, increases penalties and creates a graduated schedule of fines for repeat offenders

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Archive: Last Bill Status - In Senate Committee Cities 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to cities

co-Sponsors

2017-S8597 (ACTIVE) - Details

See Assembly Version of this Bill:: A10882
Current Committee:: Senate Cities
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1111-c & 1111-a, V & T L; amd §19-210, NYC Ad Cd; amd Part II §14 op ¶, Chap 59 of 2010; amd §17, Chap 746 of 1988; amd §2, NYC, LL 46 of 1989
Versions Introduced in 2019-2020 Legislative Session:: S1925, A1552, A6777

2017-S8597 (ACTIVE) - Summary

Removes caps on automated enforcement cameras for bus lanes and traffic lights in the city of New York, increases penalties and creates a graduated schedule of fines for repeat offenders, and directs that fines be deposited in the general transportation account of the New York city transportation assistance fund.

2017-S8597 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8597

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to removing
caps on automated enforcement cameras for bus lanes and traffic lights
in the City of New York, increasing penalties and creating a graduated
schedule of fines for repeat offenders, and directing that fines be
deposited in the general transportation account of the New York city
transportation assistance fund; to amend the administrative code of the
city of New York in relation to certain traffic-control indications; to
amend part II of chapter 59 of the laws of 2010, amending the vehicle
and traffic law and the public officers law relating to establishing a
bus rapid transit demonstration program to restrict the use of bus lanes
by means of bus lane photo devices, in relation to the effectiveness
thereof; to amend chapter 746 of the laws of 1988 amending the vehicle
and traffic law, the general municipal law and the public officers law
relating to the civil liability of vehicle owners for traffic control
signal violations, in relation to the effectiveness thereof; and to
amend local law number 46 of the city of New York for the year 1989
amending the administrative code of the city of New York relating to
civil liability of vehicle owners for traffic control signal violations,

in relation to the effectiveness thereof

 
PURPOSE:

Removes caps on automated enforcement cameras for bus lanes and traffic
lights in the city of New York, increases penalties and creates a gradu-
ated schedule of fines for repeat offenders, directs revenue from fines
to the New York city transportation assistance fund, and removes sunset
provisions on these programs.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 1111-c of the vehicle and traffic law to remove
the cap on the number of routes that the New York City Department of
Transportation may designate under the "bus rapid transit program," and
along which the DOT may thus install bus lane cameras. Establishes grad-
uated schedule of fines for repeat offenders within a twelve-month peri-
od. Directs all fines collected pursuant to this section to the New York
city transportation assistance fund.

Section 2 amends section 1111-a of the vehicle and traffic law to remove
the cap on the number of traffic-control signal photo violation-monitor-
ing devices that each city with a population of one million or more may
install. Raises cap on monetary penalties that cities may issue pursuant
to this section and establishes a graduated schedule of fines for repeat
offenders within a twelve-month period.  Directs all fines collected
pursuant to this section to the New York city transportation assistance
fund.

Section 3 amends section 19-210 of the administrative code of the city
of New York to remove the cap on the number of traffic-control signal
photo violation-monitoring devices that the city may install.

Section 4 amends chapter 59 of the laws of 2010 to eliminate the sunset
provision on the authorization of bus lane enforcement cameras.

Section 5 amends chapter 746 of the laws of 1988 to eliminate the sunset
provision on the authorization of red-light enforcement cameras.

Section 6 amends local law number 46 of the city of New York to elimi-
nate the sunset provision on the authorization of red-light enforcement
cameras.

Section 7 is the effective date.

 
JUSTIFICATION:

The MTA Bus and New York City Transit bus system serves over two million
riders daily in New York City. However, due to worsening congestion
throughout the city, bus speeds have declined significantly in recent
years. This has coincided with a significant and ongoing decrease in bus
ridership, as riders switch to other transit modes, increasing crowding
on the subways and traffic congestion on city streets.

Beginning in 2008, the New York City Department of Transportation and
the MTA have collaborated on a bus rapid transit program known as Select
Bus Service, or SBS. SBS routes are outfitted with a number of special
features that have resulted in bus speed increases as high as 30%, and
ridership increases of about 10%. One very effective element of the SBS
program has been the addition of bus lanes and bus lane enforcement
cameras along SBS routes.

The NYC DOT (in it's "Bus Forward" plan) and MTA NYCT (in it's "Bus
Action Plan") have demonstrated a clear desire to expand the use of bus
lanes and bus lane enforcement cameras along more bus routes in the
city. However, state law currently limits the use of bus lane enforce-
ment cameras to just 16 bus routes in the city. NYC DOT has installed
additional bus lanes beyond the designated 16, but lacks the ability to
enforce them with cameras, limiting their effectiveness as drivers often
violate them with impunity.

State law also authorizes the city of New York to install "traffic-con-
trol signal photo violation-monitoring devices," also known as "red-
light cameras," but limits their use to one hundred and fifty inter-
sections in the city. The city of New York has indicated strong support
for this program and a desire to expand it further as an important
element of the "Vision Zero" initiative to reduce traffic fatalities via
street redesign, lower speed limits, promotion of safe driving, and
increased traffic law enforcement.

This law would allow the city of New York to expand the use of bus lane
and red-light camera enforcement programs as it sees fit and frees New
York City police resources to be directed toward more serious crime. It
also raises the maximum fine from a red-light camera from $50 to $100
and institutes a graduated fine schedule for repeat offenders of both
bus lanes and red lights to provide as an added deterrent for these
offenses. Finally, this law directs the funds raised by the fines from
these cameras to the general transportation account of the New York city
transportation assistance fund established in the 2018-19 budget to
provide additional revenue to the Metropolitan Transportation Authority.

 
LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

Potential to raise significant funds for the Metropolitan Transportation
Authority.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8597 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8597
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  removing
   caps on automated enforcement cameras for bus lanes and traffic lights
   in the City of New York, increasing penalties and creating a graduated
   schedule  of  fines  for repeat offenders, and directing that fines be
   deposited in the general transportation account of the New  York  city
   transportation  assistance  fund;  to amend the administrative code of
   the city of New York in  relation  to  certain  traffic-control  indi-
   cations;  to amend part II of chapter 59 of the laws of 2010, amending
   the vehicle and traffic law and the public officers  law  relating  to
   establishing a bus rapid transit demonstration program to restrict the
   use  of  bus  lanes by means of bus lane photo devices, in relation to
   the effectiveness thereof; to amend chapter 746 of the  laws  of  1988
   amending  the  vehicle  and traffic law, the general municipal law and
   the public officers law relating to the  civil  liability  of  vehicle
   owners  for  traffic  control  signal  violations,  in relation to the
   effectiveness thereof; and to amend local law number 46 of the city of
   New York for the year 1989 amending the  administrative  code  of  the
   city  of  New  York  relating to civil liability of vehicle owners for
   traffic control signal violations, in relation  to  the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 5 of subdivision (c), subdivision (e) and  subdi-
 vision (m) of section 1111-c of the vehicle and traffic law, paragraph 5
 of subdivision (c) and subdivision (e) as amended and subdivision (m) as
 added  by  section  6 of part NNN of chapter 59 of the laws of 2018, are
 amended to read as follows:
   5. "bus rapid transit program" shall mean [up to ten routes] ANY ROUTE
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15665-02-8

 S. 8597                             2
 
 bus stop spacing, off-board fare payment, traffic  signal  priority  for
 buses,  and  any other enhancement that increases bus speed or reliabil-
 ity.
   (e)  An owner liable for a violation of a bus lane restriction imposed
 on any route within a bus rapid transit  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, ONE  HUNDRED
 TWENTY-FIVE  DOLLARS  FOR A SECOND OFFENSE WITHIN A TWELVE MONTH PERIOD,
 ONE HUNDRED SEVENTY-FIVE DOLLARS FOR A THIRD  OFFENSE  WITHIN  A  TWELVE
 MONTH  PERIOD,  TWO  HUNDRED FIFTY DOLLARS FOR A FOURTH OFFENSE WITHIN A
 TWELVE MONTH PERIOD, AND THREE HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT
 OFFENSE WITHIN A TWELVE MONTH PERIOD; 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.
   (m)  Any  revenue  from fines and penalties collected pursuant to this
 section from any mobile bus lane photo devices [that were authorized  to
 be  installed pursuant to a chapter of the laws of two thousand eighteen
 that added this subdivision] shall be remitted by the city of  New  York
 to  the applicable mass transit agency on a quarterly basis to be depos-
 ited in the general transportation account of the New York  city  trans-
 portation assistance fund established pursuant to section twelve hundred
 seventy-i of the public authorities law.
   §  2.  Paragraph  1  of subdivision (a) and subdivision (e) of section
 1111-a of the vehicle and traffic law, paragraph 1 of subdivision (a) as
 amended by chapter 18 of the laws of 2009 and subdivision (e) as amended
 by chapter 479 of the laws of 1994, are amended, and a  new  subdivision
 (o) is added to read as follows:
   1.  Notwithstanding any other provision of law, each city with a popu-
 lation of one million or more is  hereby  authorized  and  empowered  to
 adopt  and  amend  a local law or ordinance establishing a demonstration
 program imposing monetary liability on the owner of a vehicle for  fail-
 ure of an operator thereof to comply with traffic-control indications in
 such  city  in  accordance  with  the  provisions  of this section. Such
 [demonstration] program shall empower a  city  to  install  and  operate
 traffic-control  signal  photo  violation-monitoring devices [at no more
 than one hundred fifty intersections within such city at any one time].
   (e) An owner liable for a violation  of  subdivision  (d)  of  section
 eleven  hundred  eleven of this article pursuant to a local law or ordi-
 nance adopted pursuant to this section  shall  be  liable  for  monetary
 penalties in accordance with a schedule of fines and penalties to be set
 forth  in  such  local law or ordinance, except that in a city which, by
 local law, has authorized the adjudication of such owner liability by  a
 parking  violations  bureau,  such schedule shall be promulgated by such
 bureau.  The liability of the owner pursuant to this section  shall  not
 exceed  [fifty  dollars  for  each  violation]  ONE HUNDRED DOLLARS, ONE
 HUNDRED TWENTY-FIVE DOLLARS FOR A SECOND OFFENSE WITHIN A  TWELVE  MONTH
 PERIOD,  ONE  HUNDRED  SEVENTY-FIVE DOLLARS FOR A THIRD OFFENSE WITHIN A
 TWELVE MONTH PERIOD, TWO HUNDRED FIFTY  DOLLARS  FOR  A  FOURTH  OFFENSE
 WITHIN  A  TWELVE MONTH PERIOD, AND THREE HUNDRED FIFTY DOLLARS FOR EACH
 SUBSEQUENT OFFENSE WITHIN A TWELVE MONTH PERIOD; provided, however, that
 such local law or ordinance may provide for an additional penalty not in
 excess of twenty-five dollars for each  violation  for  the  failure  to
 respond to a notice of liability within the prescribed time period.

 S. 8597                             3
 
   (O)  ANY  REVENUE  FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
 SECTION FROM  ANY  TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATIONS-MONITORING
 DEVICE SHALL BE REMITTED BY THE CITY OF NEW YORK TO THE APPLICATION MASS
 TRANSIT  AGENCY  ON  A  QUARTERLY  BASIS  TO BE DEPOSITED IN THE GENERAL
 TRANSPORTATION  ACCOUNT  OF  THE NEW YORK CITY TRANSPORTATION ASSISTANCE
 FUND ESTABLISHED PURSUANT TO SECTION TWELVE  HUNDRED  SEVENTY-I  OF  THE
 PUBLIC AUTHORITIES LAW.
   §  3. Paragraph 1 of subdivision (a) of section 19-210 of the adminis-
 trative code of the city of New York, as amended by chapter  18  of  the
 laws of 2009, is amended to read as follows:
   1.  Notwithstanding any other provision of law, the parking violations
 bureau is hereby authorized and empowered to establish  a  demonstration
 program  imposing monetary liability on the owner of a vehicle for fail-
 ure of an operator thereof to comply with traffic-control indications in
 accordance with the provisions of this section. The department of trans-
 portation, for purposes of implementation  of  such  program,  shall  be
 authorized  to  install  and operate traffic-control signal photo viola-
 tion-monitoring devices [at no more than one hundred fifty intersections
 at any one time].
   § 4. The opening paragraph of section 14 of part II of chapter  59  of
 the  laws  of  2010, amending the vehicle and traffic law and the public
 officers law relating to establishing a bus rapid transit  demonstration
 program  to  restrict  the  use  of bus lanes by means of bus lane photo
 devices, as amended by chapter 239 of the laws of 2015,  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 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:
   § 5. Section 17 of chapter 746 of the laws of 1988 amending the  vehi-
 cle  and  traffic law, the general municipal law and the public officers
 law, relating to the civil  liability  of  vehicle  owners  for  traffic
 control  signal  violations,  as  amended  by chapter 134 of the laws of
 2014, is amended to read as follows:
   § 17. This act shall take effect on the thirtieth day after  it  shall
 have  become  a  law  [and  shall  remain in full force and effect until
 December 1, 2019 when upon such date the amendments and provisions  made
 by  this act shall be deemed repealed; provided, however, any such local
 laws as may be enacted pursuant to this act shall remain in  full  force
 and effect only until the expiration on December 1, 2019].
   §  6. Section 2 of local law number 46 of the city of New York for the
 year 1989 amending the administrative code  of  the  city  of  New  York
 relating to civil liability of vehicle owners for traffic control signal
 violations, as amended by chapter 134 of the laws of 2014, is amended to
 read as follows:
   § 2. This local law shall take effect immediately [and shall expire on
 December 1, 2019].
   §  7.  This act shall take effect immediately.  Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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Senate Bill S8597

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Sponsored By

Liz Krueger