Bill Text: NY A01552 | 2019-2020 | General Assembly | Introduced
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.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2019-02-28 - enacting clause stricken [A01552 Detail]
Download: New_York-2019-A01552-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1552 2019-2020 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Paragraph 5 of subdivision (c), subdivision (e) and subdi- 2 vision (m) of section 1111-c of the vehicle and traffic law, paragraph 5 3 of subdivision (c) and subdivision (e) as amended and subdivision (m) as 4 added by section 6 of part NNN of chapter 59 of the laws of 2018, are 5 amended to read as follows: 6 5. "bus rapid transit program" shall mean [up to ten routes] any route 7 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. LBD02537-01-9A. 1552 2 1 tation with the applicable mass transit agency, in addition to the Bus 2 Rapid Transit Phase I plan routes, that operate on designated bus lanes 3 and that may include upgraded signage, enhanced road markings, minimum 4 bus stop spacing, off-board fare payment, traffic signal priority for 5 buses, and any other enhancement that increases bus speed or reliabil- 6 ity. 7 (e) An owner liable for a violation of a bus lane restriction imposed 8 on any route within a bus rapid transit program shall be liable for 9 monetary penalties in accordance with a schedule of fines and penalties 10 promulgated by the parking violations bureau of the city of New York; 11 provided, however, that the monetary penalty for violating a bus lane 12 restriction shall not exceed one hundred [fifteen] dollars, one hundred 13 twenty-five dollars for a second offense within a twelve month period, 14 one hundred seventy-five dollars for a third offense within a twelve 15 month period, two hundred fifty dollars for a fourth offense within a 16 twelve month period, and three hundred fifty dollars for each subsequent 17 offense within a twelve month period; provided, further, that an owner 18 shall be liable for an additional penalty not to exceed twenty-five 19 dollars for each violation for the failure to respond to a notice of 20 liability within the prescribed time period. 21 (m) Any revenue from fines and penalties collected pursuant to this 22 section from any mobile bus lane photo devices [that were authorized to23be installed pursuant to a chapter of the laws of two thousand eighteen24that added this subdivision] shall be remitted by the city of New York 25 to the applicable mass transit agency on a quarterly basis to be depos- 26 ited in the general transportation account of the New York city trans- 27 portation assistance fund established pursuant to section twelve hundred 28 seventy-i of the public authorities law. 29 § 2. Paragraph 1 of subdivision (a) and subdivision (e) of section 30 1111-a of the vehicle and traffic law, paragraph 1 of subdivision (a) as 31 amended by chapter 18 of the laws of 2009 and subdivision (e) as amended 32 by chapter 479 of the laws of 1994, are amended, and a new subdivision 33 (o) is added to read as follows: 34 1. Notwithstanding any other provision of law, each city with a popu- 35 lation of one million or more is hereby authorized and empowered to 36 adopt and amend a local law or ordinance establishing a demonstration 37 program imposing monetary liability on the owner of a vehicle for fail- 38 ure of an operator thereof to comply with traffic-control indications in 39 such city in accordance with the provisions of this section. Such 40 [demonstration] program shall empower a city to install and operate 41 traffic-control signal photo violation-monitoring devices [at no more42than one hundred fifty intersections within such city at any one time]. 43 (e) An owner liable for a violation of subdivision (d) of section 44 eleven hundred eleven of this article pursuant to a local law or ordi- 45 nance adopted pursuant to this section shall be liable for monetary 46 penalties in accordance with a schedule of fines and penalties to be set 47 forth in such local law or ordinance, except that in a city which, by 48 local law, has authorized the adjudication of such owner liability by a 49 parking violations bureau, such schedule shall be promulgated by such 50 bureau. The liability of the owner pursuant to this section shall not 51 exceed [fifty dollars for each violation] one hundred dollars, one 52 hundred twenty-five dollars for a second offense within a twelve month 53 period, one hundred seventy-five dollars for a third offense within a 54 twelve month period, two hundred fifty dollars for a fourth offense 55 within a twelve month period, and three hundred fifty dollars for each 56 subsequent offense within a twelve month period; provided, however, thatA. 1552 3 1 such local law or ordinance may provide for an additional penalty not in 2 excess of twenty-five dollars for each violation for the failure to 3 respond to a notice of liability within the prescribed time period. 4 (o) Any revenue from fines and penalties collected pursuant to this 5 section from any traffic-control signal photo violations-monitoring 6 device shall be remitted by the city of New York to the application mass 7 transit agency on a quarterly basis to be deposited in the general 8 transportation account of the New York city transportation assistance 9 fund established pursuant to section twelve hundred seventy-i of the 10 public authorities law. 11 § 3. Paragraph 1 of subdivision (a) of section 19-210 of the adminis- 12 trative code of the city of New York, as amended by chapter 18 of the 13 laws of 2009, is amended to read as follows: 14 1. Notwithstanding any other provision of law, the parking violations 15 bureau is hereby authorized and empowered to establish a demonstration 16 program imposing monetary liability on the owner of a vehicle for fail- 17 ure of an operator thereof to comply with traffic-control indications in 18 accordance with the provisions of this section. The department of trans- 19 portation, for purposes of implementation of such program, shall be 20 authorized to install and operate traffic-control signal photo viola- 21 tion-monitoring devices [at no more than one hundred fifty intersections22at any one time]. 23 § 4. The opening paragraph of section 14 of part II of chapter 59 of 24 the laws of 2010, amending the vehicle and traffic law and the public 25 officers law relating to establishing a bus rapid transit demonstration 26 program to restrict the use of bus lanes by means of bus lane photo 27 devices, as amended by chapter 239 of the laws of 2015, is amended to 28 read as follows: 29 This act shall take effect on the ninetieth day after it shall have 30 become a law [and shall expire 10 years after such effective date when31upon such date the provisions of this act shall be deemed repealed; and] 32 provided that any rules and regulations related to this act shall be 33 promulgated on or before such effective date, provided that: 34 § 5. Section 17 of chapter 746 of the laws of 1988 amending the vehi- 35 cle and traffic law, the general municipal law and the public officers 36 law, relating to the civil liability of vehicle owners for traffic 37 control signal violations, as amended by chapter 134 of the laws of 38 2014, is amended to read as follows: 39 § 17. This act shall take effect on the thirtieth day after it shall 40 have become a law [and shall remain in full force and effect until41December 1, 2019 when upon such date the amendments and provisions made42by this act shall be deemed repealed; provided, however, any such local43laws as may be enacted pursuant to this act shall remain in full force44and effect only until the expiration on December 1, 2019]. 45 § 6. Section 2 of local law number 46 of the city of New York for the 46 year 1989 amending the administrative code of the city of New York 47 relating to civil liability of vehicle owners for traffic control signal 48 violations, as amended by chapter 134 of the laws of 2014, is amended to 49 read as follows: 50 § 2. This local law shall take effect immediately [and shall expire on51December 1, 2019]. 52 § 7. This act shall take effect immediately. Effective immediately, 53 the addition, amendment and/or repeal of any rule or regulation neces- 54 sary for the implementation of this act on its effective date are 55 authorized and directed to be made and completed on or before such 56 effective date.