Bill Text: NY A08160 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to mass transit photo device enforcement of owner liability for failure of an operator to comply with bus lane restrictions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A08160 Detail]
Download: New_York-2011-A08160-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8160--A 2011-2012 Regular Sessions I N A S S E M B L Y June 3, 2011 ___________ Introduced by M. of A. BRENNAN, BING -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to bus lane restrictions enforcement by photo devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 3 of section 1209-a of the public authorities 2 law, as amended by chapter 379 of the laws of 1992, is amended to read 3 as follows: 4 3. Jurisdiction. The bureau shall have, with respect to acts or inci- 5 dents in or on the transit facilities of the authority committed by or 6 involving persons who are sixteen years of age or over, VIOLATION OF BUS 7 LANE RESTRICTIONS ENFORCED BY PHOTO DEVICES IN ACCORDANCE WITH SECTION 8 ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, NOTICES OF 9 VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY AUTHORIZED AUTHORITY 10 EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE 11 VEHICLE AND TRAFFIC LAW, and with respect to violation of toll 12 collection regulations of the triborough bridge and tunnel authority as 13 described in section two thousand nine hundred eighty-five of this chap- 14 ter, non-exclusive jurisdiction over violations of: (a) the rules which 15 may from time to time be established by the authority under subdivision 16 five-a of section twelve hundred four of this [chapter] TITLE; (b) arti- 17 cle one hundred thirty-nine of the health code of the city of New York, 18 as it may be amended from time to time, relating to public transporta- 19 tion facilities; [and] (c) article four of the noise control code of the 20 city of New York, as it may be amended from time to time, insofar as it 21 pertains to sound reproduction devices; [and] (d) the rules and regu- 22 lations which may from time to time be established by the triborough 23 bridge and tunnel authority in accordance with the provisions of section EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11760-03-1 A. 8160--A 2 1 two thousand nine hundred eighty-five of this chapter; (E) BUS LANE 2 RESTRICTIONS ENFORCED BY PHOTO DEVICES IN ACCORDANCE WITH SECTION ELEVEN 3 HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW; AND (F) BUS LANE 4 RESTRICTIONS FOR NOTICES OF VIOLATION ISSUED BY AUTHORIZED AUTHORITY 5 EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE 6 VEHICLE AND TRAFFIC LAW. Matters within the jurisdiction of the bureau 7 except violations of the rules and regulations of the triborough bridge 8 and tunnel authority shall be known for purposes of this section as 9 transit infractions, WHICH INCLUDE VIOLATIONS OF BUS LANE RESTRICTIONS 10 ENFORCED BY PHOTO DEVICES IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 11 ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW AND NOTICES OF VIOLATION OF BUS 12 LANE RESTRICTIONS ISSUED BY AUTHORIZED AUTHORITY EMPLOYEES IN ACCORDANCE 13 WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW. 14 Nothing [herein] IN THIS SUBDIVISION shall be construed to divest juris- 15 diction from any court now having jurisdiction over any criminal charge 16 or traffic infraction relating to any act committed in a transit or toll 17 facility OR A DESIGNATED BUS LANE, or to impair the ability of a police 18 officer to conduct a lawful search of a person in a transit facility. 19 The criminal court of the city of New York shall continue to have juris- 20 diction over any criminal charge or traffic infraction brought for 21 violation of the rules of the authority or the triborough bridge and 22 tunnel authority, as well as jurisdiction relating to any act which may 23 constitute a crime or an offense under any law of the state of New York 24 or any municipality or political subdivision thereof and which may also 25 constitute a violation of such rules. The bureau shall have concurrent 26 jurisdiction with the environmental control board and the administrative 27 tribunal of the department of health over the aforesaid provisions of 28 the health code and noise control code of the city of New York. 29 S 2. Paragraphs b and j of subdivision 4 of section 1209-a of the 30 public authorities law, as amended by chapter 379 of the laws of 1992, 31 are amended to read as follows: 32 b. To impose civil penalties not to exceed a total of one hundred 33 fifty dollars for any transit infraction within its jurisdiction, in 34 accordance with a penalty schedule established by the authority except 35 that penalties for violations of the health code of the city of New York 36 shall be in accordance with the penalties established for such 37 violations by the board of health of the city of New York, and penalties 38 for violations of the noise code of the city of New York shall be in 39 accordance with the penalties established for such violations by law, 40 and civil penalties for violations of the rules and regulations of the 41 triborough bridge and tunnel authority shall be in accordance with the 42 penalties established for such violations by section two thousand nine 43 hundred eighty-five of this chapter, AND THAT PENALTIES FOR VIOLATIONS 44 OF BUS LANE RESTRICTIONS ENFORCED BY PHOTO DEVICES AND FOR NOTICES OF 45 VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY AUTHORIZED AUTHORITY 46 EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE 47 VEHICLE AND TRAFFIC LAW SHALL BE IN ACCORDANCE WITH THE PENALTIES SET 48 FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW; 49 j. To adjudicate the liability of motor vehicle owners for violations 50 of rules and regulations established in accordance with the provisions 51 of section two thousand nine hundred eighty-five of this chapter AND 52 SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, AND FOR 53 NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY AUTHORIZED 54 AUTHORITY EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT 55 OF THE VEHICLE AND TRAFFIC LAW. A. 8160--A 3 1 S 3. Section 1209-a of the public authorities law is amended by adding 2 two new subdivisions 5-a and 5-b to read as follows: 3 5-A. NOTICES OF LIABILITY FOR VIOLATION OF BUS LANE RESTRICTIONS; 4 PHOTO DEVICES. NOTICES OF LIABILITY FOR VIOLATION OF BUS LANE 5 RESTRICTIONS ENFORCED BY PHOTO DEVICES SHALL BE PREPARED AND MAILED IN 6 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF- 7 FIC LAW. 8 5-B. NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS; AUTHORIZED AUTHOR- 9 ITY EMPLOYEES. NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY 10 AUTHORIZED AUTHORITY EMPLOYEES SHALL BE IN ACCORDANCE WITH SECTION TWO 11 HUNDRED THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW. 12 S 4. Subdivision 6 of section 1209-a of the public authorities law, as 13 amended by chapter 379 of the laws of 1992, is amended to read as 14 follows: 15 6. Defaults. Where a respondent has failed to plead to a notice of 16 violation or to a notice of liability issued pursuant to section two 17 thousand nine hundred eighty-five of this chapter OR SECTION ELEVEN 18 HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW OR TO A NOTICE OF 19 VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY AUTHORIZED AUTHORITY 20 EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE 21 VEHICLE AND TRAFFIC LAW within the time allowed by the rules of said 22 bureau or has failed to appear on a designated hearing date or a subse- 23 quent date following an adjournment, such failure to plead or appear 24 shall be deemed, for all purposes, to be an admission of liability and 25 shall be grounds for rendering a default decision and order imposing a 26 penalty in such amount as may be prescribed by the authority, OR IN 27 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF- 28 FIC LAW FOR A DEFAULT ON A VIOLATION OF BUS LANE RESTRICTIONS ENFORCED 29 BY PHOTO DEVICES OR ON A NOTICE OF VIOLATION OF BUS LANE RESTRICTIONS 30 ISSUED BY AUTHORIZED AUTHORITY EMPLOYEES IN ACCORDANCE WITH SECTION TWO 31 HUNDRED THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW. 32 S 5. Paragraph g of subdivision 7 of section 1209-a of the public 33 authorities law, as amended by chapter 379 of the laws of 1992, is 34 amended to read as follows: 35 g. After due consideration of the evidence and arguments, the hearing 36 officer shall determine whether the charges or allegations have been 37 established. No charge may be established except upon proof by clear and 38 convincing evidence except allegations of civil liability for violations 39 of triborough bridge and tunnel authority rules and regulations will be 40 established in accordance with the provisions of section two thousand 41 nine hundred eighty-five of this chapter. Where the charges have not 42 been established, an order dismissing the charges or allegations shall 43 be entered. Where a determination is made that a charge or allegation 44 has been established or if an answer admitting the charge or allegation 45 has been received, the hearing officer shall set a penalty in accordance 46 with the penalty schedule established by the authority, or for allega- 47 tions of civil liability in accordance with the provisions of section 48 two thousand nine hundred eighty-five of this chapter; OR FOR NOTICES OF 49 LIABILITY FOR VIOLATION OF BUS LANE RESTRICTIONS ENFORCED BY PHOTO 50 DEVICES OR NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY 51 AUTHORIZED AUTHORITY EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED 52 THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW, THE PENALTY SHALL BE SET IN 53 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF- 54 FIC LAW, and an appropriate order shall be entered in the records of the 55 bureau. The respondent shall be given notice of such entry in person or 56 by certified mail. This order shall constitute the final determination A. 8160--A 4 1 of the hearing officer, and for purposes of review it shall be deemed to 2 incorporate any intermediate determinations made by said officer in the 3 course of the proceeding. When no appeal is filed this order shall be 4 the final order of the bureau. 5 S 6. Subdivision 10 of section 1209-a of the public authorities law, 6 as amended by chapter 379 of the laws of 1992, is amended to read as 7 follows: 8 10. Funds. All penalties collected pursuant to the provisions of this 9 section shall be paid to the authority to the credit of a transit crime 10 fund which the authority shall establish. Any sums in this fund shall be 11 used to pay for programs selected by the board of the authority, in its 12 discretion, to reduce the incidence of crimes and infractions on transit 13 facilities OR VIOLATION OF BUS LANE RESTRICTIONS, or to improve the 14 enforcement of laws against such crimes and infractions. Such funds 15 shall be in addition to and not in substitution for any funds provided 16 by the state or the city of New York for such purposes. 17 S 7. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 18 of the vehicle and traffic law, as amended by section 1 of part SS of 19 chapter 57 of the laws of 2010, is amended to read as follows: 20 (i) If at the time of application for a registration or renewal there- 21 of there is a certification from a court, parking violations bureau, 22 traffic and parking violations agency or administrative tribunal of 23 appropriate jurisdiction [or administrative tribunal of appropriate 24 jurisdiction] that the registrant or his or her representative failed to 25 appear on the return date or any subsequent adjourned date or failed to 26 comply with the rules and regulations of an administrative tribunal 27 following entry of a final decision in response to a total of three or 28 more summonses or other process in the aggregate, issued within an eigh- 29 teen month period, charging either that: (i) such motor vehicle was 30 parked, stopped or standing, or that such motor vehicle was operated for 31 hire by the registrant or his or her agent without being licensed as a 32 motor vehicle for hire by the appropriate local authority, in violation 33 of any of the provisions of this chapter or of any law, ordinance, rule 34 or regulation made by a local authority; or (ii) the registrant was 35 liable in accordance with section eleven hundred eleven-a of this chap- 36 ter or section eleven hundred eleven-b of this chapter for a violation 37 of subdivision (d) of section eleven hundred eleven of this chapter; or 38 (iii) the registrant was liable in accordance with section eleven 39 hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this chapter for a 40 violation of a bus lane restriction as defined in such [section] 41 SECTIONS, the commissioner or his or her agent shall deny the registra- 42 tion or renewal application until the applicant provides proof from the 43 court, traffic and parking violations agency or administrative tribunal 44 wherein the charges are pending that an appearance or answer has been 45 made or in the case of an administrative tribunal that he or she has 46 complied with the rules and regulations of said tribunal following entry 47 of a final decision. Where an application is denied pursuant to this 48 section, the commissioner may, in his or her discretion, deny a regis- 49 tration or renewal application to any other person for the same vehicle 50 and may deny a registration or renewal application for any other motor 51 vehicle registered in the name of the applicant where the commissioner 52 has determined that such registrant's intent has been to evade the 53 purposes of this subdivision and where the commissioner has reasonable 54 grounds to believe that such registration or renewal will have the 55 effect of defeating the purposes of this subdivision. Such denial shall 56 only remain in effect as long as the summonses remain unanswered, or in A. 8160--A 5 1 the case of an administrative tribunal, the registrant fails to comply 2 with the rules and regulations following entry of a final decision. 3 S 8. Paragraph a of subdivision 5-a of section 401 of the vehicle and 4 traffic law, as amended by section 8-a of part II of chapter 59 of the 5 laws of 2010, is amended to read as follows: 6 a. If at the time of application for a registration or renewal thereof 7 there is a certification from a court or administrative tribunal of 8 appropriate jurisdiction that the registrant or his or her represen- 9 tative failed to appear on the return date or any subsequent adjourned 10 date or failed to comply with the rules and regulations of an adminis- 11 trative tribunal following entry of a final decision in response to a 12 total of three or more summonses or other process in the aggregate, 13 issued within an eighteen month period, charging either that: (i) such 14 motor vehicle was parked, stopped or standing, or that such motor vehi- 15 cle was operated for hire by the registrant or his or her agent without 16 being licensed as a motor vehicle for hire by the appropriate local 17 authority, in violation of any of the provisions of this chapter or of 18 any law, ordinance, rule or regulation made by a local authority; or 19 (ii) the registrant was liable in accordance with section eleven hundred 20 eleven-b of this chapter for a violation of subdivision (d) of section 21 eleven hundred eleven of this chapter; or (iii) the registrant was 22 liable in accordance with section eleven hundred eleven-c OR ELEVEN 23 HUNDRED ELEVEN-D of this chapter for a violation of a bus lane 24 restriction as defined in such [section] SECTIONS, the commissioner or 25 his or her agent shall deny the registration or renewal application 26 until the applicant provides proof from the court or administrative 27 tribunal wherein the charges are pending that an appearance or answer 28 has been made or in the case of an administrative tribunal that he or 29 she has complied with the rules and regulations of said tribunal follow- 30 ing entry of a final decision. Where an application is denied pursuant 31 to this section, the commissioner may, in his or her discretion, deny a 32 registration or renewal application to any other person for the same 33 vehicle and may deny a registration or renewal application for any other 34 motor vehicle registered in the name of the applicant where the commis- 35 sioner has determined that such registrant's intent has been to evade 36 the purposes of this subdivision and where the commissioner has reason- 37 able grounds to believe that such registration or renewal will have the 38 effect of defeating the purposes of this subdivision. Such denial shall 39 only remain in effect as long as the summonses remain unanswered, or in 40 the case of an administrative tribunal, the registrant fails to comply 41 with the rules and regulations following entry of a final decision. 42 S 9. Paragraph a of subdivision 5-a of section 401 of the vehicle and 43 traffic law, as amended by section 8-b of part II of chapter 59 of the 44 laws of 2010, is amended to read as follows: 45 a. If at the time of application for a registration or renewal thereof 46 there is a certification from a court or administrative tribunal of 47 appropriate jurisdiction that the registrant or his or her represen- 48 tative failed to appear on the return date or any subsequent adjourned 49 date or failed to comply with the rules and regulations of an adminis- 50 trative tribunal following entry of a final decision in response to 51 three or more summonses or other process, issued within an eighteen 52 month period, charging that such motor vehicle was parked, stopped or 53 standing, or that such motor vehicle was operated for hire by the regis- 54 trant or his or her agent without being licensed as a motor vehicle for 55 hire by the appropriate local authority, in violation of any of the 56 provisions of this chapter or of any law, ordinance, rule or regulation A. 8160--A 6 1 made by a local authority or the registrant was liable in accordance 2 with section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this 3 chapter for a violation of a bus lane restriction as defined in such 4 [section] SECTIONS, the commissioner or his or her agent shall deny the 5 registration or renewal application until the applicant provides proof 6 from the court or administrative tribunal wherein the charges are pend- 7 ing that an appearance or answer has been made or in the case of an 8 administrative tribunal that he or she has complied with the rules and 9 regulations of said tribunal following entry of a final decision. Where 10 an application is denied pursuant to this section, the commissioner may, 11 in his or her discretion, deny a registration or renewal application to 12 any other person for the same vehicle and may deny a registration or 13 renewal application for any other motor vehicle registered in the name 14 of the applicant where the commissioner has determined that such regis- 15 trant's intent has been to evade the purposes of this subdivision and 16 where the commissioner has reasonable grounds to believe that such 17 registration or renewal will have the effect of defeating the purposes 18 of this subdivision. Such denial shall only remain in effect as long as 19 the summonses remain unanswered, or in the case of an administrative 20 tribunal, the registrant fails to comply with the rules and regulations 21 following entry of a final decision. 22 S 10. Paragraph a of subdivision 5-a of section 401 of the vehicle and 23 traffic law, as separately amended by chapters 339 and 592 of the laws 24 of 1987, is amended to read as follows: 25 a. If at the time of application for a registration or renewal thereof 26 there is a certification from a court or administrative tribunal of 27 appropriate jurisdiction that the registrant or his OR HER represen- 28 tative failed to appear on the return date or any subsequent adjourned 29 date or failed to comply with the rules and regulations of an adminis- 30 trative tribunal following entry of a final decision in response to 31 three or more summonses or other process, issued within an eighteen 32 month period, charging that such motor vehicle was parked, stopped or 33 standing, or that such motor vehicle was operated for hire by the regis- 34 trant or his OR HER agent without being licensed as a motor vehicle for 35 hire by the appropriate local authority, in violation of any of the 36 provisions of this chapter or of any law, ordinance, rule or regulation 37 made by a local authority OR THE REGISTRANT WAS LIABLE IN ACCORDANCE 38 WITH SECTION ELEVEN HUNDRED ELEVEN-C OR ELEVEN HUNDRED ELEVEN-D OF THIS 39 CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH 40 SECTIONS, the commissioner or his OR HER agent shall deny the registra- 41 tion or renewal application until the applicant provides proof from the 42 court or administrative tribunal wherein the charges are pending that an 43 appearance or answer has been made or in the case of an administrative 44 tribunal that he OR SHE has complied with the rules and regulations of 45 said tribunal following entry of a final decision. Where an application 46 is denied pursuant to this section, the commissioner may, in his OR HER 47 discretion, deny a registration or renewal application to any other 48 person for the same vehicle and may deny a registration or renewal 49 application for any other motor vehicle registered in the name of the 50 applicant where the commissioner has determined that such registrant's 51 intent has been to evade the purposes of this subdivision and where the 52 commissioner has reasonable grounds to believe that such registration or 53 renewal will have the effect of defeating the purposes of this subdivi- 54 sion. Such denial shall only remain in effect as long as the summonses 55 remain unanswered, or in the case of an administrative tribunal, the A. 8160--A 7 1 registrant fails to comply with the rules and regulations following 2 entry of a final decision. 3 S 11. Subdivision (d) of section 1111-c of the vehicle and traffic 4 law, as added by section 9 of part II of chapter 59 of the laws of 2010, 5 is amended to read as follows: 6 (d) A certificate, sworn to or affirmed by a technician employed by 7 the city in which the charged violation occurred OR BY THE APPLICABLE 8 MASS TRANSIT AGENCY, or a facsimile thereof, based upon inspection of 9 photographs, microphotographs, videotape or other recorded images 10 produced by a bus lane photo device, shall be prima facie evidence of 11 the facts contained therein. Any photographs, microphotographs, vide- 12 otape or other recorded images evidencing such a violation shall be 13 available for inspection in any proceeding to adjudicate the liability 14 for such violation pursuant to this section. 15 S 12. The vehicle and traffic law is amended by adding a new section 16 1111-d to read as follows: 17 S 1111-D. MASS TRANSIT PHOTO DEVICE ENFORCEMENT OF OWNER LIABILITY FOR 18 FAILURE OF OPERATOR TO COMPLY WITH BUS LANE RESTRICTIONS. (A) 1. 19 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN A CITY WITH A POPULATION 20 OF ONE MILLION OR MORE, THE METROPOLITAN TRANSPORTATION AUTHORITY, THE 21 NEW YORK CITY TRANSIT AUTHORITY AND THEIR SUBSIDIARIES AND AFFILIATES, 22 OR THE APPLICABLE MASS TRANSIT AUTHORITY OR AGENCY FOR SUCH CITY 23 (REFERRED TO AS THE "AUTHORITY" FOR PURPOSES OF THIS SECTION) IS HEREBY 24 AUTHORIZED AND EMPOWERED TO ESTABLISH A BUS LANE PHOTO DEVICE ENFORCE- 25 MENT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR 26 FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH BUS LANE RESTRICTIONS IN 27 SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE AUTHOR- 28 ITY, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE 29 BUS LANE PHOTO DEVICES ONLY ON DESIGNATED BUS LANES IN SUCH CITY, EXCEPT 30 THE BUS ROUTES SPECIFIED IN PARAGRAPH FOUR OF SUBDIVISION (C) OF SECTION 31 ELEVEN HUNDRED ELEVEN-C OF THIS ARTICLE. SUCH BUS LANE PHOTO DEVICES MAY 32 BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED 33 BY THE AUTHORITY IN CONSULTATION WITH SUCH CITY AND/OR ON BUSES OR VEHI- 34 CLES SELECTED BY THE AUTHORITY. 35 2. ANY IMAGE OR IMAGES CAPTURED BY BUS LANE PHOTO DEVICES SHALL BE 36 INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE AUTHORITY OR 37 ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE DEPARTMENT OF 38 MOTOR VEHICLES INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS. ANY 39 MOBILE BUS LANE PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARD- 40 LY FROM SUCH BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF 41 BUS LANE RESTRICTIONS, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE 42 USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING 43 SUCH IMAGES TO BE PRODUCED. 44 3. THE AUTHORITY SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE 45 PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTITY 46 AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A BUS LANE PHOTO DEVICE. 47 SUCH MEASURES SHALL INCLUDE: 48 (I) UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT 49 PRACTICABLE, THAT IMAGES PRODUCED BY SUCH BUS LANE PHOTO DEVICES SHALL 50 NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE 51 CONTENTS OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY 52 ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN 53 IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR 54 OTHER CONTENTS OF A VEHICLE; 55 (II) A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE 56 PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS LANE A. 8160--A 8 1 PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS 2 SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER; 3 OR (C) AS OTHERWISE REQUIRED BY LAW; 4 (III) IN CONSULTATION WITH SUCH CITY, THE INSTALLATION OF SIGNAGE AT 5 REGULAR INTERVALS OR ENHANCED ROAD MARKINGS WITHIN DESIGNATED BUS LANES 6 STATING THAT BUS LANE PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS ON 7 VEHICULAR TRAFFIC IN BUS LANES; AND 8 (IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED 9 PRIVACY PROTECTION MEASURES. 10 (B) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED 11 PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE 12 PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS 13 LANE RESTRICTIONS THAT APPLY TO DESIGNATED BUS LANES, AND SUCH VIOLATION 14 IS EVIDENCED BY INFORMATION OBTAINED FROM A BUS LANE PHOTO DEVICE; 15 PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL- 16 TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE 17 HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY BUS LANE 18 RESTRICTIONS. 19 (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 20 FOLLOWING MEANINGS: 21 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN SECTION TWO HUNDRED 22 THIRTY-NINE OF THIS CHAPTER. 23 2. "BUS LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF 24 OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR 25 MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF BUS LANE 26 RESTRICTIONS. 27 3. "BUS LANE RESTRICTIONS" SHALL MEAN RESTRICTIONS ON THE USE OF 28 DESIGNATED BUS LANES BY VEHICLES OTHER THAN BUSES IMPOSED BY LOCAL LAW 29 AND SIGNS ERECTED BY THE AUTHORITY IN CONSULTATION WITH SUCH CITY PURSU- 30 ANT TO THIS SECTION, WITH THE EXCEPTIONS ALLOWED UNDER SUBDIVISION (M) 31 OF SECTION 4-12 AND PARAGRAPH THREE OF SUBDIVISION (A) OF SECTION 32 4-08(A)(3) OF TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW YORK OR 33 ANY SUCH RULES OF A CITY WITH A POPULATION OF ONE MILLION OR MORE. 34 4. "DESIGNATED BUS LANE" SHALL MEAN A VEHICLE LANE DEDICATED FOR THE 35 EXCLUSIVE USE OF BUSES, WHICH INCLUDES BUS STOPS WITHIN THE DESIGNATED 36 BUS LANE. 37 (D) A CERTIFICATE, OR A FACSIMILE THEREOF, SWORN TO OR AFFIRMED BY A 38 TECHNICIAN EMPLOYED BY THE AUTHORITY OR ANY OTHER ENTITY AUTHORIZED BY 39 THE AUTHORITY, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, 40 VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE, 41 SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTO- 42 GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING 43 SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO 44 ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. 45 (E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION UNDER 46 THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A 47 SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS 48 BUREAU OF A CITY WITH A POPULATION OF ONE MILLION OR MORE; PROVIDED, 49 HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS LANE RESTRICTION 50 SHALL NOT EXCEED ONE HUNDRED FIFTEEN DOLLARS; PROVIDED, FURTHER, THAT AN 51 OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED 52 TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A 53 NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 54 (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE 55 DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE 56 OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR A. 8160--A 9 1 SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- 2 CLE INSURANCE COVERAGE. 3 (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH 4 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE 5 RESTRICTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A 6 MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF 7 BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 8 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE 9 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE 10 RESTRICTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH 11 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE 12 STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE 13 VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION 14 NUMBER OF THE BUS LANE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR 15 OTHER DOCUMENT LOCATOR NUMBER. 16 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE 17 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST 18 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO 19 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST 20 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- 21 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 22 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AUTHOR- 23 ITY, OR ANY OTHER ENTITY AUTHORIZED BY SUCH AUTHORITY TO PREPARE AND 24 MAIL SUCH NOTIFICATION OF VIOLATION. 25 5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION 26 SHALL BE BY THE AUTHORITY'S TRANSIT ADJUDICATION BUREAU PURSUANT TO 27 SECTION TWELVE HUNDRED NINE-A OF THE PUBLIC AUTHORITIES LAW OR ANY SUCH 28 TRANSIT ADJUDICATION BUREAU IN A CITY WITH A POPULATION OF ONE MILLION 29 OR MORE. 30 (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT 31 TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS 32 REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A 33 VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS 34 LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS 35 STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV- 36 ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY 37 THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE 38 POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE 39 TRANSIT ADJUDICATION BUREAU IN SUCH CITY WITH A POPULATION OF ONE 40 MILLION OR MORE. 41 (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF 42 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL 43 NOT BE LIABLE FOR THE VIOLATION OF A BUS LANE RESTRICTION, PROVIDED THAT 44 WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE TRANSIT ADJUDI- 45 CATION BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE 46 OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE 47 LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE 48 OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH 49 VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN 50 THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY 51 REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED 52 FOR SUCH PURPOSE. 53 2. FAILURE TO COMPLY WITH PARAGRAPH ONE OF THIS SUBDIVISION SHALL 54 RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 55 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF 56 THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH A. 8160--A 10 1 VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES 2 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- 3 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO 4 SUBDIVISION (G) OF THIS SECTION. 5 (J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION WAS 6 NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER 7 MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 8 (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY 9 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS. 10 (L) THE AUTHORITY SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF 11 BUS LANE PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE 12 SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOUSAND 13 THIRTEEN AND EVERY TWO YEARS THEREAFTER. SUCH REPORT SHALL INCLUDE, BUT 14 NOT BE LIMITED TO: 15 1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS LANE PHOTO 16 DEVICES WERE USED; 17 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL 18 BASIS; 19 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; 20 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST 21 NOTICE OF LIABILITY; 22 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- 23 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 24 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY ANY PARTICIPATING MASS 25 TRANSIT AUTHORITY OR AGENCY; 26 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; 27 8. THE TOTAL NUMBER OF PHOTO DEVICES BY TYPE OF PHOTO DEVICE; 28 9. THE TOTAL COST TO ANY PARTICIPATING MASS TRANSIT AUTHORITY OR AGEN- 29 CY; AND 30 10. A DETAILED REPORT ON THE BUS SPEEDS, RELIABILITY, AND RIDERSHIP 31 BEFORE AND AFTER IMPLEMENTATION OF THE BUS LANE PHOTO DEVICE ENFORCEMENT 32 PROGRAM FOR EACH BUS ROUTE, INCLUDING CURRENT STATISTICS. 33 S 13. The opening paragraph and paragraph (c) of subdivision 1 of 34 section 1809 of the vehicle and traffic law, as amended by section 10 of 35 part II of chapter 59 of the laws of 2010, are amended to read as 36 follows: 37 Whenever proceedings in an administrative tribunal or a court of this 38 state result in a conviction for an offense under this chapter or a 39 traffic infraction under this chapter, or a local law, ordinance, rule 40 or regulation adopted pursuant to this chapter, other than a traffic 41 infraction involving standing, stopping, or parking or violations by 42 pedestrians or bicyclists, or other than an adjudication of liability of 43 an owner for a violation of subdivision (d) of section eleven hundred 44 eleven of this chapter in accordance with section eleven hundred 45 eleven-a of this chapter, or other than an adjudication of liability of 46 an owner for a violation of subdivision (d) of section eleven hundred 47 eleven of this chapter in accordance with section eleven hundred 48 eleven-b of this chapter, or other than an adjudication in accordance 49 with section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this 50 chapter for a violation of a bus lane restriction as defined in such 51 [section] SECTIONS, there shall be levied a crime victim assistance fee 52 and a mandatory surcharge, in addition to any sentence required or 53 permitted by law, in accordance with the following schedule: 54 (c) Whenever proceedings in an administrative tribunal or a court of 55 this state result in a conviction for an offense under this chapter 56 other than a crime pursuant to section eleven hundred ninety-two of this A. 8160--A 11 1 chapter, or a traffic infraction under this chapter, or a local law, 2 ordinance, rule or regulation adopted pursuant to this chapter, other 3 than a traffic infraction involving standing, stopping, or parking or 4 violations by pedestrians or bicyclists, or other than an adjudication 5 of liability of an owner for a violation of subdivision (d) of section 6 eleven hundred eleven of this chapter in accordance with section eleven 7 hundred eleven-a of this chapter, or other than an adjudication of 8 liability of an owner for a violation of subdivision (d) of section 9 eleven hundred eleven of this chapter in accordance with section eleven 10 hundred eleven-b of this chapter, or other than an infraction pursuant 11 to article nine of this chapter or other than an adjudication of liabil- 12 ity of an owner for a violation of toll collection regulations pursuant 13 to section two thousand nine hundred eighty-five of the public authori- 14 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 15 hundred seventy-four of the laws of nineteen hundred fifty or other than 16 an adjudication in accordance with section eleven hundred eleven-c OR 17 ELEVEN HUNDRED ELEVEN-D of this chapter for a violation of a bus lane 18 restriction as defined in such [section] SECTIONS, there shall be levied 19 a crime victim assistance fee in the amount of five dollars and a manda- 20 tory surcharge, in addition to any sentence required or permitted by 21 law, in the amount of fifty-five dollars. 22 S 14. Subdivision 1 of section 1809 of the vehicle and traffic law, as 23 amended by section 10-a of part II of chapter 59 of the laws of 2010, is 24 amended to read as follows: 25 1. Whenever proceedings in an administrative tribunal or a court of 26 this state result in a conviction for a crime under this chapter or a 27 traffic infraction under this chapter, or a local law, ordinance, rule 28 or regulation adopted pursuant to this chapter, other than a traffic 29 infraction involving standing, stopping, parking or motor vehicle equip- 30 ment or violations by pedestrians or bicyclists, or other than an adju- 31 dication of liability of an owner for a violation of subdivision (d) of 32 section eleven hundred eleven of this chapter in accordance with section 33 eleven hundred eleven-a of this chapter, or other than an adjudication 34 of liability of an owner for a violation of subdivision (d) of section 35 eleven hundred eleven of this chapter in accordance with section eleven 36 hundred eleven-b of this chapter, or other than an adjudication in 37 accordance with section eleven hundred eleven-c OR ELEVEN HUNDRED 38 ELEVEN-D of this chapter for a violation of a bus lane restriction as 39 defined in such [section] SECTIONS, there shall be levied a mandatory 40 surcharge, in addition to any sentence required or permitted by law, in 41 the amount of twenty-five dollars. 42 S 15. Subdivision 1 of section 1809 of the vehicle and traffic law, as 43 amended by section 10-b of part II of chapter 59 of the laws of 2010, is 44 amended to read as follows: 45 1. Whenever proceedings in an administrative tribunal or a court of 46 this state result in a conviction for a crime under this chapter or a 47 traffic infraction under this chapter other than a traffic infraction 48 involving standing, stopping, parking or motor vehicle equipment or 49 violations by pedestrians or bicyclists, or other than an adjudication 50 in accordance with section eleven hundred eleven-c OR ELEVEN HUNDRED 51 ELEVEN-D of this chapter for a violation of a bus lane restriction as 52 defined in such [section] SECTIONS, there shall be levied a mandatory 53 surcharge, in addition to any sentence required or permitted by law, in 54 the amount of seventeen dollars. A. 8160--A 12 1 S 16. Subdivision 1 of section 1809 of the vehicle and traffic law, as 2 separately amended by chapter 16 of the laws of 1983 and chapter 62 of 3 the laws of 1989, is amended to read as follows: 4 1. Whenever proceedings in an administrative tribunal or a court of 5 this state result in a conviction for a crime under this chapter or a 6 traffic infraction under this chapter other than a traffic infraction 7 involving standing, stopping, parking or motor vehicle equipment or 8 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION 9 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OR ELEVEN HUNDRED 10 ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS 11 DEFINED IN SUCH SECTIONS, there shall be levied a mandatory surcharge, 12 in addition to any sentence required or permitted by law, in the amount 13 of seventeen dollars. 14 S 17. Paragraph a of subdivision 1 of section 1809-e of the vehicle 15 and traffic law, as amended by section 11 of part II of chapter 59 of 16 the laws of 2010, is amended to read as follows: 17 a. Notwithstanding any other provision of law, whenever proceedings in 18 a court or an administrative tribunal of this state result in a 19 conviction for an offense under this chapter, except a conviction pursu- 20 ant to section eleven hundred ninety-two of this chapter, or for a traf- 21 fic infraction under this chapter, or a local law, ordinance, rule or 22 regulation adopted pursuant to this chapter, except a traffic infraction 23 involving standing, stopping, or parking or violations by pedestrians or 24 bicyclists, and except an adjudication of liability of an owner for a 25 violation of subdivision (d) of section eleven hundred eleven of this 26 chapter in accordance with section eleven hundred eleven-a of this chap- 27 ter, and except an adjudication of liability of an owner for a violation 28 of subdivision (d) of section eleven hundred eleven of this chapter in 29 accordance with section eleven hundred eleven-b of this chapter, and 30 except an adjudication in accordance with section eleven hundred 31 eleven-c OR ELEVEN HUNDRED ELEVEN-D of this chapter of a violation of a 32 bus lane restriction as defined in such [section] SECTIONS, and except 33 an adjudication of liability of an owner for a violation of toll 34 collection regulations pursuant to section two thousand nine hundred 35 eighty-five of the public authorities law or sections sixteen-a, 36 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 37 laws of nineteen hundred fifty, there shall be levied in addition to any 38 sentence, penalty or other surcharge required or permitted by law, an 39 additional surcharge of twenty dollars. 40 S 18. Paragraph a of subdivision 1 of section 1809-e of the vehicle 41 and traffic law, as amended by section 11-a of part II of chapter 59 of 42 the laws of 2010, is amended to read as follows: 43 a. Notwithstanding any other provision of law, whenever proceedings in 44 a court or an administrative tribunal of this state result in a 45 conviction for an offense under this chapter, except a conviction pursu- 46 ant to section eleven hundred ninety-two of this chapter, or for a traf- 47 fic infraction under this chapter, or a local law, ordinance, rule or 48 regulation adopted pursuant to this chapter, except a traffic infraction 49 involving standing, stopping, or parking or violations by pedestrians or 50 bicyclists, and except an adjudication of liability of an owner for a 51 violation of subdivision (d) of section eleven hundred eleven of this 52 chapter in accordance with section eleven hundred eleven-a of this chap- 53 ter, and except an adjudication in accordance with section eleven 54 hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this chapter of a 55 violation of a bus lane restriction as defined in such [section] 56 SECTIONS, and except an adjudication of liability of an owner for a A. 8160--A 13 1 violation of toll collection regulations pursuant to section two thou- 2 sand nine hundred eighty-five of the public authorities law or sections 3 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 4 of the laws of nineteen hundred fifty, there shall be levied in addition 5 to any sentence, penalty or other surcharge required or permitted by 6 law, an additional surcharge of twenty dollars. 7 S 19. Paragraph a of subdivision 1 of section 1809-e of the vehicle 8 and traffic law, as added by section 1 of part EE of chapter 56 of the 9 laws of 2008, is amended to read as follows: 10 a. Notwithstanding any other provision of law, whenever proceedings in 11 a court or an administrative tribunal of this state result in a 12 conviction for an offense under this chapter, except a conviction pursu- 13 ant to section eleven hundred ninety-two of this chapter, or for a traf- 14 fic infraction under this chapter, or a local law, ordinance, rule or 15 regulation adopted pursuant to this chapter, except a traffic infraction 16 involving standing, stopping, or parking or violations by pedestrians or 17 bicyclists, and except an adjudication of liability of an owner for a 18 violation of subdivision (d) of section eleven hundred eleven of this 19 chapter in accordance with section eleven hundred eleven-a of this chap- 20 ter, AND EXCEPT AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN 21 HUNDRED ELEVEN-D OF THIS CHAPTER OF A VIOLATION OF A BUS LANE 22 RESTRICTION AS DEFINED IN SUCH SECTION, and except an adjudication of 23 liability of an owner for a violation of toll collection regulations 24 pursuant to section two thousand nine hundred eighty-five of the public 25 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap- 26 ter seven hundred seventy-four of the laws of nineteen hundred fifty, 27 there shall be levied in addition to any sentence, penalty or other 28 surcharge required or permitted by law, an additional surcharge of twen- 29 ty dollars. 30 S 20. Paragraph (l) of subdivision 2 of section 87 of the public 31 officers law, as added by section 12 of part II of chapter 59 of the 32 laws of 2010, is amended to read as follows: 33 (l) are photographs, microphotographs, videotape or other recorded 34 images produced by a bus lane photo device prepared under authority of 35 section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of the vehi- 36 cle and traffic law. 37 S 21. This act shall take effect on the ninetieth day after it shall 38 have become a law; provided, however, that: 39 (a) the amendments to paragraph a of subdivision 5-a of section 401 of 40 the vehicle and traffic law made by section seven of this act shall be 41 subject to the expiration and reversion of such paragraph pursuant to 42 section 17 of chapter 746 of the laws of 1988, as amended, when upon 43 such date the provisions of section eight of this act shall take effect; 44 (b) the amendments to paragraph a of subdivision 5-a of section 401 of 45 the vehicle and traffic law made by section eight of this act shall be 46 subject to the expiration and reversion of such paragraph pursuant to 47 chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, as amended, 48 when upon such date the provisions of section nine of this act shall 49 take effect; 50 (c) the amendments to paragraph a of subdivision 5-a of section 401 of 51 the vehicle and traffic law made by section nine of this act shall be 52 subject to the expiration and reversion of such paragraph pursuant to 53 section 14 of part II of chapter 59 of the laws of 2010, as amended, 54 when upon such date the provisions of section ten of this act shall take 55 effect; A. 8160--A 14 1 (d) the amendments to subdivision (d) of section 1111-c of the vehicle 2 and traffic law made by section eleven of this act shall not affect the 3 repeal of such section and shall be deemed repealed therewith; 4 (e) the amendments to subdivision 1 of section 1809 of the vehicle and 5 traffic law made by section thirteen of this act shall be subject to the 6 expiration and reversion of such subdivision pursuant to subdivision (p) 7 of section 406 of chapter 166 of the laws of 1991, as amended, when upon 8 such date the provisions of section fourteen of this act shall take 9 effect; 10 (f) the amendments to subdivision 1 of section 1809 of the vehicle and 11 traffic law made by section fourteen of this act shall be subject to the 12 expiration and reversion of such subdivision pursuant to section 17 of 13 chapter 746 of the laws of 1988, and chapters 19, 20, 21, 22, 23 and 383 14 of the laws of 2009, as amended, when upon such date the provisions of 15 section fifteen of this act shall take effect; 16 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 17 traffic law made by section fifteen of this act shall be subject to the 18 expiration and reversion of such subdivision pursuant to chapter 746 of 19 the laws of 1988, as amended, when upon such date the provisions of 20 section sixteen of this act shall take effect; 21 (h) the amendments to paragraph a of subdivision 1 of section 1809-e 22 of the vehicle and traffic law made by section seventeen of this act 23 shall be subject to the expiration and reversion of such paragraph 24 pursuant to chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, as 25 amended, when upon such date the provisions of section eighteen of this 26 act shall take effect; 27 (i) the amendments to paragraph a of subdivision 1 of section 1809-e 28 of the vehicle and traffic law made by section eighteen of this act 29 shall be subject to the expiration and reversion of such subdivision 30 pursuant to chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, as 31 amended, when upon such date the provisions of section nineteen of this 32 act shall take effect; and 33 (j) the amendments to paragraph (1) of subdivision 2 of section 87 of 34 the public officers law made by section twenty of this act shall not 35 affect the repeal of such paragraph and shall be deemed repealed there- 36 with.