Bill Text: NY S01925 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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; extends the effectiveness 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.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Engrossed - Dead) 2020-01-09 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01925 Detail]

Download: New_York-2019-S01925-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1925--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 17, 2019
                                       ___________

        Introduced  by  Sens.  KRUEGER,  HOYLMAN,  LIU -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        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; 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 munici-
          pal 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:

     1    Section 1. Paragraph 5 of  subdivision  (c)  and  subdivision  (e)  of
     2  section  1111-c  of the vehicle and traffic law, as amended by section 6
     3  of part NNN of chapter 59 of the laws of 2018, are amended  to  read  as
     4  follows:
     5    5. "bus rapid transit program" shall mean [up to ten routes] any route
     6  designated  by the New York city department of transportation in consul-
     7  tation with the applicable mass transit agency, in addition to  the  Bus

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02537-02-9
        S. 1925--A                          2

     1  Rapid  Transit Phase I plan routes, that operate on designated bus lanes
     2  and that may include upgraded signage, enhanced road  markings,  minimum
     3  bus  stop  spacing,  off-board fare payment, traffic signal priority for
     4  buses,  and  any other enhancement that increases bus speed or reliabil-
     5  ity.
     6    (e) An owner liable for a violation of a bus lane restriction  imposed
     7  on  any  route  within  a  bus rapid transit program shall be liable for
     8  monetary penalties in accordance with a schedule of fines and  penalties
     9  promulgated  by  the  parking violations bureau of the city of New York;
    10  provided, however, that the monetary penalty for violating  a  bus  lane
    11  restriction  shall not exceed one hundred [fifteen] dollars, one hundred
    12  twenty-five dollars for a second offense within a twelve  month  period,
    13  one  hundred  seventy-five  dollars  for a third offense within a twelve
    14  month period, two hundred fifty dollars for a fourth  offense  within  a
    15  twelve month period, and three hundred fifty dollars for each subsequent
    16  offense  within  a twelve month period; provided, further, that an owner
    17  shall be liable for an additional  penalty  not  to  exceed  twenty-five
    18  dollars  for  each  violation  for the failure to respond to a notice of
    19  liability within the prescribed time period.
    20    § 2. Paragraph 1 of subdivision (a) and  subdivision  (e)  of  section
    21  1111-a of the vehicle and traffic law, paragraph 1 of subdivision (a) as
    22  amended by chapter 18 of the laws of 2009 and subdivision (e) as amended
    23  by chapter 479 of the laws of 1994, are amended to read as follows:
    24    1.  Notwithstanding any other provision of law, each city with a popu-
    25  lation of one million or more is  hereby  authorized  and  empowered  to
    26  adopt  and  amend  a local law or ordinance establishing a demonstration
    27  program imposing monetary liability on the owner of a vehicle for  fail-
    28  ure of an operator thereof to comply with traffic-control indications in
    29  such  city  in  accordance  with  the  provisions  of this section. Such
    30  [demonstration] program shall empower a  city  to  install  and  operate
    31  traffic-control  signal  photo  violation-monitoring devices [at no more
    32  than one hundred fifty intersections within such city at any one time].
    33    (e) An owner liable for a violation  of  subdivision  (d)  of  section
    34  eleven  hundred  eleven of this article pursuant to a local law or ordi-
    35  nance adopted pursuant to this section  shall  be  liable  for  monetary
    36  penalties in accordance with a schedule of fines and penalties to be set
    37  forth  in  such  local law or ordinance, except that in a city which, by
    38  local law, has authorized the adjudication of such owner liability by  a
    39  parking  violations  bureau,  such schedule shall be promulgated by such
    40  bureau.  The liability of the owner pursuant to this section  shall  not
    41  exceed  [fifty  dollars  for  each  violation]  one hundred dollars, one
    42  hundred twenty-five dollars for a second offense within a  twelve  month
    43  period,  one  hundred  seventy-five dollars for a third offense within a
    44  twelve month period, two hundred fifty  dollars  for  a  fourth  offense
    45  within  a  twelve month period, and three hundred fifty dollars for each
    46  subsequent offense within a twelve month period; provided, however, that
    47  such local law or ordinance may provide for an additional penalty not in
    48  excess of twenty-five dollars for each  violation  for  the  failure  to
    49  respond to a notice of liability within the prescribed time period.
    50    §  3. Paragraph 1 of subdivision (a) of section 19-210 of the adminis-
    51  trative code of the city of New York, as amended by chapter  18  of  the
    52  laws of 2009, is amended to read as follows:
    53    1.  Notwithstanding any other provision of law, the parking violations
    54  bureau is hereby authorized and empowered to establish  a  demonstration
    55  program  imposing monetary liability on the owner of a vehicle for fail-
    56  ure of an operator thereof to comply with traffic-control indications in
        S. 1925--A                          3

     1  accordance with the provisions of this section. The department of trans-
     2  portation, for purposes of implementation  of  such  program,  shall  be
     3  authorized  to  install  and operate traffic-control signal photo viola-
     4  tion-monitoring devices [at no more than one hundred fifty intersections
     5  at any one time].
     6    §  4.  The opening paragraph of section 14 of part II of chapter 59 of
     7  the laws of 2010, amending the vehicle and traffic law  and  the  public
     8  officers  law relating to establishing a bus rapid transit demonstration
     9  program to restrict the use of bus lanes by  means  of  bus  lane  photo
    10  devices,  as  amended  by chapter 239 of the laws of 2015, is amended to
    11  read as follows:
    12    This act shall take effect on the ninetieth day after  it  shall  have
    13  become  a  law [and shall expire 10 years after such effective date when
    14  upon such date the provisions of this act shall be deemed repealed; and]
    15  provided that any rules and regulations related to  this  act  shall  be
    16  promulgated on or before such effective date, provided that:
    17    §  5. Section 17 of chapter 746 of the laws of 1988 amending the vehi-
    18  cle and traffic law, the general municipal law and the  public  officers
    19  law  relating  to  the  civil  liability  of  vehicle owners for traffic
    20  control signal violations, as amended by section 5 of part TT of chapter
    21  58 of the laws of 2019, is amended to read as follows:
    22    § 17. This act shall take effect on the thirtieth day after  it  shall
    23  have  become  a  law  [and  shall  remain in full force and effect until
    24  December 1, 2024 when upon such date the amendments and provisions  made
    25  by  this act shall be deemed repealed; provided, however, any such local
    26  laws as may be enacted pursuant to this act shall remain in  full  force
    27  and effect only until the expiration on December 1, 2024].
    28    §  6. Section 2 of local law number 46 of the city of New York for the
    29  year 1989 amending the administrative code  of  the  city  of  New  York
    30  relating to civil liability of vehicle owners for traffic control signal
    31  violations, as amended by section 6 of part TT of chapter 58 of the laws
    32  of 2019, is amended to read as follows:
    33    § 2. This local law shall take effect immediately [and shall expire on
    34  December 1, 2024].
    35    §  7.  This act shall take effect immediately.  Effective immediately,
    36  the addition, amendment and/or repeal of any rule or  regulation  neces-
    37  sary  for  the  implementation  of  this  act  on its effective date are
    38  authorized and directed to be made  and  completed  on  or  before  such
    39  effective date.