S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1552
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Transportation
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02537-01-9

 A. 1552                             2
 
 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  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

 A. 1552                             3
 
 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.
   (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.