LBD15530-01-2
S. 8992 2
(C) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A PHOTO DEVICE
PURSUANT TO THIS SECTION. SUCH MEASURES SHALL INCLUDE:
1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT IMAGES PRODUCED BY SUCH PHOTO DEVICES SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF A VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE
ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER
CONTENTS OF A VEHICLE;
2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY PHOTO
DEVICES EXCEPT:
(I) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT
PAYMENT OF PENALTIES;
(II) AS REQUIRED BY COURT ORDER;
(III) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE
WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR
(IV) AS OTHERWISE REQUIRED BY LAW.
3. THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES STATING THAT MOBILE
AND STATIONARY PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS RELATING
TO BUS OPERATION TRAFFIC RESTRICTIONS INCLUDING STOPPING, STANDING,
PARKING AND TURNING MOVEMENTS, IN CONFORMANCE WITH STANDARDS ESTABLISHED
IN THE MUTCD; AND
4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY
PROTECTION MEASURES UNDER THIS SUBDIVISION.
(D) WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST
SIXTY DAYS THAT PHOTO DEVICES PURSUANT TO THIS SECTION ARE ACTIVE AND IN
OPERATION.
(E) 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
OPERATION-RELATED TRAFFIC REGULATIONS AND SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A 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 SUCH BUS OPERATION-RELATED TRAFFIC REGULATION.
(F) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "PHOTO DEVICE" SHALL MEAN A MOBILE OR STATIONARY DEVICE THAT IS
CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF
A BUS OPERATION-RELATED TRAFFIC REGULATION.
3. "BUS OPERATION-RELATED TRAFFIC REGULATIONS" SHALL MEAN THE
RESTRICTIONS SET FORTH IN CHAPTER FOUR OF TITLE THIRTY-FOUR OF THE RULES
OF THE CITY OF NEW YORK AFFECTING BUS OPERATIONS INCLUDING BUT NOT
LIMITED TO THE FOLLOWING: 4-08(F)(4), GENERAL NO STANDING ZONES, BUS
LANES; 4-08(C)(3), VIOLATION OF POSTED NO STANDING RULES PROHIBITED, BUS
STOP; 4-08(F)(1), GENERAL NO STANDING ZONES, DOUBLE PARKING; 4-08(K)(2),
SPECIAL RULES FOR COMMERCIAL VEHICLES, NO STANDING EXCEPT TRUCKS LOADING
AND UNLOADING; 4-07(B)(1), OBSTRUCTION OF TRAFFIC, TRAFFIC LANE;
4-08(E)(11), GENERAL NO STOPPING ZONES, MAJOR ROADWAYS; 4-08(E)(4),
S. 8992 3
GENERAL NO STOPPING ZONES, INTERSECTIONS; 4-08(E)(5), GENERAL NO STOP-
PING ZONES, CROSSWALKS; 4-08(E)(12), GENERAL NO STOPPING ZONES,
OBSTRUCTING TRAFFIC AT INTERSECTION; AND 4-05, TURNS; AND 4-07(H)(2),
DRIVING ON DIVIDED HIGHWAYS, U-TURNS.
4. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
SAID VEHICLE FOR ANY PERIOD OF TIME.
5. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR
THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
ANY PERIOD OF TIME.
6. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" MEANS THE
MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
(G) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO DEVICE,
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY
PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO
THIS SECTION.
(H) AN OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION SHALL BE LIABLE
FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
TIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS
OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO THIS SECTION SHALL NOT
EXCEED FIFTY DOLLARS FOR A FIRST OFFENSE, ONE HUNDRED DOLLARS FOR A
SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD, ONE HUNDRED FIFTY DOLLARS
FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS
FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY
DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A TWELVE-MONTH PERIOD; AND
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.
(I) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
(J) 1. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE SENT BY
FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION UNDER THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED IN SUCH RECORD OF MAILING.
2. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN THE
NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE
STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE
S. 8992 4
VIOLATION, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION
NUMBER OF THE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCU-
MENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF
THE PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH
PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
3. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN INFOR-
MATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH
HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE
OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED
THEREON.
4. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE PREPARED
AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK,
OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH
NOTIFICATION OF VIOLATION.
(K) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(L) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY THAT THE VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE UNDER THIS SUBDIVISION, IT SHALL BE SUFFICIENT
THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK.
(M) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE LIABLE FOR
THE VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION, PROVIDED
THAT:
(I) PRIOR TO SUCH VIOLATION, THE LESSOR HAS FILED WITH THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK OF THE DATE AND TIME OF A
LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME
AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDI-
TIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT
DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGU-
LATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. FAILURE TO TIMELY
SUBMIT SUCH INFORMATION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY
PRESCRIBED IN THIS SECTION.
2. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF SUBPARAGRAPH
(I) OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE
ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH
VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR
SUCH VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF
LIABILITY PURSUANT TO SUBDIVISION (J) OF THIS SECTION.
(N) IF THE OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION WAS NOT THE
OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION, SUCH OWNER MAY
MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR OF THE VEHI-
CLE AT THE TIME OF SUCH VIOLATION.
S. 8992 5
(O) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A BUS OPERATION-RELATED
TRAFFIC REGULATION.
(P) THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY SHALL
SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES PURSUANT TO
THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, WITHIN TWELVE MONTHS OF
OPERATION OF SUCH PHOTO DEVICES AND EVERY TWO YEARS THEREAFTER. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE PHOTO DEVICES
WERE USED UNDER THIS SECTION;
2. THE TOTAL NUMBER OF VIOLATIONS UNDER THIS SECTION RECORDED ON A
MONTHLY AND ANNUAL BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED UNDER THIS SECTION;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY UNDER THIS SECTION;
5. THE NUMBER OF VIOLATIONS UNDER THIS SECTION ADJUDICATED AND RESULTS
OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND
ANY PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION;
7. THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SECTION AND ITS
RESULTS;
8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED UNDER THIS
SECTION; AND
9. THE TOTAL COST TO THE CITY OF NEW YORK AND THE TOTAL COST TO ANY
PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION.
(Q) ANY REVENUE FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
SECTION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE CITY OF
NEW YORK TO THE APPLICABLE 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.
§ 2. 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 section 2 of part D of chapter 39 of the laws of
2019, 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 15 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:
§ 3. Subdivision 1 of section 235 of the vehicle and traffic law, as
added by chapter 421 of the laws of 2021, is amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal: (a) to hear and determine complaints of traffic infractions
constituting parking, standing or stopping violations, or (b) to adjudi-
cate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
S. 8992 6
cle twenty-four of this chapter, or (c) to adjudicate the liability of
owners for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such posted
maximum speed limits through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, or (d) to adjudicate the liability of owners for
violations of bus lane restrictions as defined by article twenty-four of
this chapter imposed pursuant to a bus rapid transit program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such bus lane restrictions through the installa-
tion and operation of bus lane photo devices, in accordance with article
twenty-four of this chapter, or (e) to adjudicate the liability of
owners for violations of toll collection regulations imposed by certain
public authorities pursuant to the law authorizing such public authori-
ties to impose monetary liability on the owner of a vehicle for failure
of an operator thereof to comply with toll collection regulations of
such public authorities through the installation and operation of
photo-monitoring systems, in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities law and
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
the liability of owners for violations of section eleven hundred seven-
ty-four of this chapter when meeting a school bus marked and equipped as
provided in subdivisions twenty and twenty-one-c of section three
hundred seventy-five of this chapter imposed pursuant to a local law or
ordinance imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with school bus red visual
signals through the installation and operation of school bus photo
violation monitoring systems, in accordance with article twenty-nine of
this chapter, or (g) to adjudicate the liability of owners for
violations of subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this chapter imposed pursuant to a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with such posted maximum speed limits within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter, such tribunal and the rules and
regulations pertaining thereto shall be constituted in substantial
conformance with the following sections, OR (H) TO ADJUDICATE THE
LIABILITY OF OWNERS FOR ANY OTHER VIOLATION OF A BUS OPERATION-RELATED
TRAFFIC RESTRICTION REGULATION, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR
OF THIS CHAPTER.
§ 4. This act shall take effect immediately; provided that section one
of this act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.