S T A T E O F N E W Y O R K
________________________________________________________________________
1925
2019-2020 Regular Sessions
I N S E N A T E
January 17, 2019
___________
Introduced by Sen. KRUEGER -- 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 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
S. 1925 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
S. 1925 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.
