* § 1111-c. Owner liability for failure of operator to comply with bus
lane restrictions. (a) 1. Notwithstanding any other provision of law,
the city of New York is hereby authorized and empowered to establish a
bus rapid transit 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 agency, for purposes of the implementation of such program,
shall operate bus lane photo devices only within designated bus lanes in
such bus rapid transit program. 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 transportation in consultation with the applicable mass
transit agency, however, the applicable mass transit agency may also
install no less than fifty mobile bus lane photo devices on buses
operating on designated bus lanes in such bus rapid transit program
below 96th street in the borough of Manhattan, in consultation with the
New York city department of transportation for the purposes of this
section.

2. Any image or images captured by bus lane photo devices shall be
inadmissible in any disciplinary proceeding convened by the applicable
mass transit agency or any subsidiary thereof and any proceeding
initiated by the department involving licensure privileges of bus
operators. Any mobile bus lane photo device mounted on a bus shall be
directed outwardly from such bus to capture images of vehicles operated
in violation of bus lane restrictions, and images produced by such
device shall not be used for any other purpose in the absence of a court
order requiring such images to be produced.

3. (i) The city of New York shall adopt and enforce measures to
protect the privacy of drivers, passengers, pedestrians and cyclists
whose identity and identifying information may be captured by a bus lane
photo device. Such measures shall include:

(A) utilization of necessary technologies to ensure, to the extent
practicable, that photographs, microphotographs, videotape or other
recorded images produced by such bus lane photo devices shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because such a
photograph, microphotograph, videotape or other recorded image allows
for the identification of the driver, the passengers, or the contents of
a vehicle where the city shows that it made reasonable efforts to comply
with the provisions of this paragraph in such case;

(B) the installation of signage that is clearly visible to drivers at
regular intervals along and adjacent to bus lanes stating that mobile
and/or stationary bus lane photo devices are used to enforce bus lane
restrictions, in conformance with standards established in the MUTCD;
and

(C) oversight procedures to ensure compliance with the privacy
protection measures under this subdivision.

(ii) Photographs, microphotographs, videotape or any other recorded
image from a bus lane photo device shall be for the exclusive use of the
city of New York for the purpose of the adjudication of liability
imposed pursuant to this section and of the owner receiving a notice of
liability pursuant to this section, and shall be destroyed by such city
upon the final resolution of the notice of liability to which such
photographs, microphotographs, videotape or other recorded images
relate, or one year following the date of issuance of such notice of
liability, whichever is later. Notwithstanding the provisions of any
other law, rule or regulation to the contrary, photographs,
microphotographs, videotape or any other recorded image from a bus lane
photo device shall not be open to the public, nor subject to civil or
criminal process or discovery, nor used by any court or administrative
or adjudicatory body in any action or proceeding therein except that
which is necessary for the adjudication of a notice of liability issued
pursuant to this section, and no public entity or employee, officer or
agent thereof shall disclose such information, except that such
photographs, microphotographs, videotape or any other recorded images
from such systems:

(A) shall be available for inspection and copying and use by the motor
vehicle owner and operator for so long as such photographs,
microphotographs, videotape or other recorded images are required to be
maintained or are maintained by such public entity, employee, officer or
agent; and

(B) (1) shall be furnished when described in a search warrant issued
by a court authorized to issue such a search warrant pursuant to article
six hundred ninety of the criminal procedure law or a federal court
authorized to issue such a search warrant under federal law, where such
search warrant states that there is reasonable cause to believe such
information constitutes evidence of, or tends to demonstrate that, a
misdemeanor or felony offense was committed in this state or another
state, or that a particular person participated in the commission of a
misdemeanor or felony offense in this state or another state, provided,
however, that if such offense was against the laws of another state, the
court shall only issue a warrant if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony
against the laws of this state; and

(2) shall be furnished in response to a subpoena duces tecum signed by
a judge of competent jurisdiction and issued pursuant to article six
hundred ten of the criminal procedure law or a judge or magistrate of a
federal court authorized to issue such a subpoena duces tecum under
federal law, where the judge finds and the subpoena states that there is
reasonable cause to believe such information is relevant and material to
the prosecution, or the defense, or the investigation by an authorized
law enforcement official, of the alleged commission of a misdemeanor or
felony in this state or another state, provided, however, that if such
offense was against the laws of another state, such judge or magistrate
shall only issue such subpoena if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony in
this state; and

(3) may, if lawfully obtained pursuant to this clause and clause (A)
of this subparagraph and otherwise admissible, be used in such criminal
action or proceeding.

(iii) The demonstration program authorized pursuant to this section is
prohibited from utilizing and from arranging for the utilization of
biometric identifying technology, including but not limited to facial
recognition technology, for any purpose. The use, and the arrangement
for the use, of biometric identifying technology, including but not
limited to facial recognition technology, on photographs,
microphotographs, videotape, or any other recorded image or data
produced by a bus lane photo device, by any person for any purpose, are
prohibited. For purposes of this subparagraph, "person" shall include,
but not be limited to, a human being, a public or private corporation,
an unincorporated association, a partnership, a government or a
governmental instrumentality, a court or an administrative or
adjudicatory body, and any employee, officer, and agent of the
foregoing.

(iv) Any applicable mass transit agency operating bus lane photo
devices shall be prohibited from accessing any photographs,
microphotographs, videotapes, other recorded images or data from bus
lane photo devices but shall provide, pursuant to an agreement with the
city of New York, for the proper handling and custody of such
photographs, microphotographs, videotapes, other recorded images and
data produced by such systems, and for the forwarding of such
photographs, microphotographs, videotapes, other recorded images and
data to such city for the purpose of determining whether a motor vehicle
was operated in violation of bus lane restrictions and imposing monetary
liability on the owner of such motor vehicle therefor.

(v) Every bus upon which a mobile bus lane photo device is installed
and operated pursuant to a bus rapid transit program authorized pursuant
to this section shall be equipped with signs, placards or other displays
giving notice to approaching motor vehicle operators that bus lane photo
devices are used to enforce bus lane restrictions.

4. Within the city of New York, such bus lane photo devices may only
be operated on designated bus lanes. Warning notices of violation 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
established after June fifteenth, two thousand fifteen.

(b) If the city of New York has established a bus rapid transit
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 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.

(c) 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. "bus lane photo device" shall mean a device that is capable of
operating independently of an enforcement officer and produces one or
more images of each vehicle at the time it is in violation of bus lane
restrictions.

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 program by local law and signs erected by the
department of transportation of a city that establishes such a 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.

5. "bus rapid transit program" shall mean routes designated by the New
York city department of transportation in consultation 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.

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.

7. "manual on uniform traffic control devices" or "MUTCD" shall mean
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.

8. "biometric identifying technology" shall mean any tool using an
automated or semi-automated process that assists in verifying a person's
identity based on a person's biometric information.

9. "biometric information" shall mean any measurable physical,
physiological or behavioral characteristics that are attributable to a
person, including but not limited to facial characteristics, fingerprint
characteristics, hand characteristics, eye characteristics, vocal
characteristics, and any other characteristics that can be used to
identify a person including, but not limited to: fingerprints;
handprints; retina and iris patterns; DNA sequence; voice; gait; and
facial geometry.

10. "facial recognition" shall mean any tool using an automated or
semi-automated process that assists in uniquely identifying or verifying
a person by comparing and analyzing patterns based on the person's face.

(d) A certificate, sworn to or affirmed by a technician employed by
the city in which the charged violation occurred, or a facsimile
thereof, based upon inspection of photographs, microphotographs,
videotape or other recorded images produced by a bus lane 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.

(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.
The liability of the owner pursuant to this section shall not exceed
fifty dollars for a first violation, one hundred dollars for a second
violation within a twelve-month period, one hundred fifty dollars for a
third violation within a twelve-month period, two hundred dollars for a
fourth violation within a twelve-month period, and two hundred fifty
dollars for each subsequent violation 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.

(f) 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
vehicle insurance coverage.

(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of a bus lane
restriction. 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 therein.

2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of a bus lane
restriction, 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
violation, the date and time of such violation and the identification
number of the bus lane photo device which recorded the violation or
other document locator number.

3. The notice of liability shall contain information 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. The notice of liability 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.

5. Adjudication of the liability imposed upon owners by this section
shall be by the New York city parking violations bureau.

(h) 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 for a violation of a bus
lane restriction 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 provided
by 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 such city.

(i) 1. An owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (g) of this section shall
not be liable for the violation of a bus lane restriction, provided
that:

(i) prior to the violation, the lessor has filed with such parking
violations bureau in accordance with the provisions of section two
hundred thirty-nine of this chapter; and

(ii) within thirty-seven days after receiving notice from such bureau
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 additional information contained in the rental,
lease or other contract document, as may be reasonably required by such
bureau pursuant to regulations that may be promulgated for such purpose.

2. Failure to comply with subparagraph (ii) of paragraph one of this
subdivision shall render the lessor liable for the penalty prescribed in
this section.

3. Where the lessor complies with the provisions 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 (g) of this section.

(j) 1. If the owner liable for a violation of a bus lane restriction
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.

2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a bus lane restriction. For purposes of this subdivision there
shall be a presumption that the operator of such vehicle was operating
such vehicle with the consent of the owner at the time such operator
failed to obey a bus lane restriction.

(k) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of bus lane restrictions.

(l) If the city of New York adopts a bus rapid transit demonstration
program pursuant to subdivision (a) of this section it shall submit a
report on the results of the use of bus lane photo devices to the
governor, the temporary president of the senate and the speaker of the
assembly by April first, two thousand twelve and every two years
thereafter. The city of New York and applicable mass transit agency
shall also make such reports available on their public-facing websites,
provided that they may provide aggregate data from paragraph one of this
subdivision if the city finds that publishing specific location data
would jeopardize public safety. Such report shall include, but not be
limited to:

1. a description of the locations and/or buses where bus lane photo
devices were used;

2. the total number of violations recorded on a monthly and annual
basis;

3. the total number of notices of liability issued;

4. the number of fines and total amount of fines paid after the first
notice of liability;

5. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made;

6. the total amount of revenue realized by such city and any
participating mass transit agency and an itemized list of expenditures
made by the participating mass transit agency with these revenues;

7. the quality of the adjudication process and its results;

8. the total number of cameras by type of camera;

9. the total cost to the city and the total cost to any participating
mass transit agency; and

10. a detailed report on the bus speeds, reliability, and ridership
before and after implementation of the bus rapid transit demonstration
program for each bus route, including current statistics.

(m) Any revenue from fines and penalties collected pursuant to this
section from any mobile bus lane photo devices, not including any
revenue shared with the city of New York pursuant to agreement 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.

(n) It shall be a defense to any prosecution for a violation of a bus
lane restriction pursuant to a bus rapid transit program adopted
pursuant to this section that such bus lane photo devices were
malfunctioning at the time of the alleged violation.

* NB Repealed July 1, 2028