Bill Text: NY S05762 | 2011-2012 | General Assembly | Introduced
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 (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S05762 Detail]
Download: New_York-2011-S05762-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5762 2011-2012 Regular Sessions I N S E N A T E June 14, 2011 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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; (b) article one 17 hundred thirty-nine of the health code of the city of New York, as it 18 may be amended from time to time, relating to public transportation 19 facilities; and (c) article four of the noise control code of the city 20 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 24 two thousand nine hundred eighty-five of this chapter; (E) BUS LANE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11839-04-1 S. 5762 2 1 RESTRICTIONS ENFORCED BY PHOTO DEVICES IN ACCORDANCE WITH SECTION ELEVEN 2 HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW; AND (F) BUS LANE 3 RESTRICTIONS FOR NOTICES OF VIOLATION ISSUED BY AUTHORIZED AUTHORITY 4 EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE 5 VEHICLE AND TRAFFIC LAW. Matters within the jurisdiction of the bureau 6 except violations of the rules and regulations of the triborough bridge 7 and tunnel authority shall be known for purposes of this section as 8 transit infractions, WHICH INCLUDE VIOLATIONS OF BUS LANE RESTRICTIONS 9 ENFORCED BY PHOTO DEVICES IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 10 ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW AND NOTICES OF VIOLATION OF BUS 11 LANE RESTRICTIONS ISSUED BY AUTHORIZED AUTHORITY EMPLOYEES IN ACCORDANCE 12 WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW. 13 Nothing [herein] IN THIS SUBDIVISION shall be construed to divest juris- 14 diction from any court now having jurisdiction over any criminal charge 15 or traffic infraction relating to any act committed in a transit or toll 16 facility OR A DESIGNATED BUS LANE, or to impair the ability of a police 17 officer to conduct a lawful search of a person in a transit facility. 18 The criminal court of the city of New York shall continue to have juris- 19 diction over any criminal charge or traffic infraction brought for 20 violation of the rules of the authority or the triborough bridge and 21 tunnel authority, as well as jurisdiction relating to any act which may 22 constitute a crime or an offense under any law of the state of New York 23 or any municipality or political subdivision thereof and which may also 24 constitute a violation of such rules. The bureau shall have concurrent 25 jurisdiction with the environmental control board and the administrative 26 tribunal of the department of health over the aforesaid provisions of 27 the health code and noise control code of the city of New York. 28 S 2. Paragraphs b and j of subdivision 4 of section 1209-a of the 29 public authorities law, as amended by chapter 379 of the laws of 1992, 30 are amended to read as follows: 31 b. To impose civil penalties not to exceed a total of one hundred 32 fifty dollars for any transit infraction within its jurisdiction, in 33 accordance with a penalty schedule established by the authority except 34 that penalties for violations of the health code of the city of New York 35 shall be in accordance with the penalties established for such 36 violations by the board of health of the city of New York, and penalties 37 for violations of the noise code of the city of New York shall be in 38 accordance with the penalties established for such violations by law, 39 and civil penalties for violations of the rules and regulations of the 40 triborough bridge and tunnel authority shall be in accordance with the 41 penalties established for such violations by section two thousand nine 42 hundred eighty-five of this chapter, AND THAT PENALTIES FOR VIOLATIONS 43 OF BUS LANE RESTRICTIONS ENFORCED BY PHOTO DEVICES AND FOR NOTICES OF 44 VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY AUTHORIZED AUTHORITY 45 EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE 46 VEHICLE AND TRAFFIC LAW SHALL BE IN ACCORDANCE WITH THE PENALTIES SET 47 FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW; 48 j. To adjudicate the liability of motor vehicle owners for violations 49 of rules and regulations established in accordance with the provisions 50 of section two thousand nine hundred eighty-five of this chapter AND 51 SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, AND FOR 52 NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY AUTHORIZED 53 AUTHORITY EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT 54 OF THE VEHICLE AND TRAFFIC LAW. 55 S 3. Section 1209-a of the public authorities law is amended by adding 56 two new subdivisions 5-a and 5-b to read as follows: S. 5762 3 1 5-A. NOTICES OF LIABILITY FOR VIOLATION OF BUS LANE RESTRICTIONS; 2 PHOTO DEVICES. NOTICES OF LIABILITY FOR VIOLATION OF BUS LANE 3 RESTRICTIONS ENFORCED BY PHOTO DEVICES SHALL BE PREPARED AND MAILED IN 4 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF- 5 FIC LAW. 6 5-B. NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS; AUTHORIZED AUTHOR- 7 ITY EMPLOYEES. NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY 8 AUTHORIZED AUTHORITY EMPLOYEES SHALL BE IN ACCORDANCE WITH SECTION TWO 9 HUNDRED THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW. 10 S 4. Subdivision 6 of section 1209-a of the public authorities law, as 11 amended by chapter 379 of the laws of 1992, is amended to read as 12 follows: 13 6. Defaults. Where a respondent has failed to plead to a notice of 14 violation or to a notice of liability issued pursuant to section two 15 thousand nine hundred eighty-five of this chapter OR SECTION ELEVEN 16 HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW OR TO A NOTICE OF 17 VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY AUTHORIZED AUTHORITY 18 EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE 19 VEHICLE AND TRAFFIC LAW within the time allowed by the rules of said 20 bureau or has failed to appear on a designated hearing date or a subse- 21 quent date following an adjournment, such failure to plead or appear 22 shall be deemed, for all purposes, to be an admission of liability and 23 shall be grounds for rendering a default decision and order imposing a 24 penalty in such amount as may be prescribed by the authority, OR IN 25 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF- 26 FIC LAW FOR A DEFAULT ON A VIOLATION OF BUS LANE RESTRICTIONS ENFORCED 27 BY PHOTO DEVICES OR ON A NOTICE OF VIOLATION OF BUS LANE RESTRICTIONS 28 ISSUED BY AUTHORIZED AUTHORITY EMPLOYEES IN ACCORDANCE WITH SECTION TWO 29 HUNDRED THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW. 30 S 5. Paragraph g of subdivision 7 of section 1209-a of the public 31 authorities law, as amended by chapter 379 of the laws of 1992, is 32 amended to read as follows: 33 g. After due consideration of the evidence and arguments, the hearing 34 officer shall determine whether the charges or allegations have been 35 established. No charge may be established except upon proof by clear and 36 convincing evidence except allegations of civil liability for violations 37 of triborough bridge and tunnel authority rules and regulations will be 38 established in accordance with the provisions of section two thousand 39 nine hundred eighty-five of this chapter. Where the charges have not 40 been established, an order dismissing the charges or allegations shall 41 be entered. Where a determination is made that a charge or allegation 42 has been established or if an answer admitting the charge or allegation 43 has been received, the hearing officer shall set a penalty in accordance 44 with the penalty schedule established by the authority, or for allega- 45 tions of civil liability in accordance with the provisions of section 46 two thousand nine hundred eighty-five of this chapter; OR FOR NOTICES OF 47 LIABILITY FOR VIOLATION OF BUS LANE RESTRICTIONS ENFORCED BY PHOTO 48 DEVICES OR NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY 49 AUTHORIZED AUTHORITY EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED 50 THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW, THE PENALTY SHALL BE SET IN 51 ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF- 52 FIC LAW, and an appropriate order shall be entered in the records of the 53 bureau. The respondent shall be given notice of such entry in person or 54 by certified mail. This order shall constitute the final determination 55 of the hearing officer, and for purposes of review it shall be deemed to 56 incorporate any intermediate determinations made by said officer in the S. 5762 4 1 course of the proceeding. When no appeal is filed this order shall be 2 the final order of the bureau. 3 S 6. Subdivision 10 of section 1209-a of the public authorities law, 4 as amended by chapter 379 of the laws of 1992, is amended to read as 5 follows: 6 10. Funds. All penalties collected pursuant to the provisions of this 7 section shall be paid to the authority to the credit of a transit crime 8 fund which the authority shall establish. Any sums in this fund shall be 9 used to pay for programs selected by the board of the authority, in its 10 discretion, to reduce the incidence of crimes and infractions on transit 11 facilities OR VIOLATION OF BUS LANE RESTRICTIONS, or to improve the 12 enforcement of laws against such crimes and infractions. Such funds 13 shall be in addition to and not in substitution for any funds provided 14 by the state or the city of New York for such purposes. 15 S 7. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 16 of the vehicle and traffic law, as amended by section 1 of part SS of 17 chapter 57 of the laws of 2010, is amended to read as follows: 18 (i) If at the time of application for a registration or renewal there- 19 of there is a certification from a court, parking violations bureau, 20 traffic and parking violations agency or administrative tribunal of 21 appropriate jurisdiction [or administrative tribunal of appropriate 22 jurisdiction] that the registrant or his or her representative failed to 23 appear on the return date or any subsequent adjourned date or failed to 24 comply with the rules and regulations of an administrative tribunal 25 following entry of a final decision in response to a total of three or 26 more summonses or other process in the aggregate, issued within an eigh- 27 teen month period, charging either that: (i) such motor vehicle was 28 parked, stopped or standing, or that such motor vehicle was operated for 29 hire by the registrant or his or her agent without being licensed as a 30 motor vehicle for hire by the appropriate local authority, in violation 31 of any of the provisions of this chapter or of any law, ordinance, rule 32 or regulation made by a local authority; or (ii) the registrant was 33 liable in accordance with section eleven hundred eleven-a of this chap- 34 ter or section eleven hundred eleven-b of this chapter for a violation 35 of subdivision (d) of section eleven hundred eleven of this chapter; or 36 (iii) the registrant was liable in accordance with section eleven 37 hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this chapter for a 38 violation of a bus lane restriction as defined in such [section] 39 SECTIONS, the commissioner or his or her agent shall deny the registra- 40 tion or renewal application until the applicant provides proof from the 41 court, traffic and parking violations agency or administrative tribunal 42 wherein the charges are pending that an appearance or answer has been 43 made or in the case of an administrative tribunal that he or she has 44 complied with the rules and regulations of said tribunal following entry 45 of a final decision. Where an application is denied pursuant to this 46 section, the commissioner may, in his or her discretion, deny a regis- 47 tration or renewal application to any other person for the same vehicle 48 and may deny a registration or renewal application for any other motor 49 vehicle registered in the name of the applicant where the commissioner 50 has determined that such registrant's intent has been to evade the 51 purposes of this subdivision and where the commissioner has reasonable 52 grounds to believe that such registration or renewal will have the 53 effect of defeating the purposes of this subdivision. Such denial shall 54 only remain in effect as long as the summonses remain unanswered, or in 55 the case of an administrative tribunal, the registrant fails to comply 56 with the rules and regulations following entry of a final decision. S. 5762 5 1 S 8. Paragraph a of subdivision 5-a of section 401 of the vehicle and 2 traffic law, as amended by section 8-a of part II of chapter 59 of the 3 laws of 2010, is amended to read as follows: 4 a. If at the time of application for a registration or renewal thereof 5 there is a certification from a court or administrative tribunal of 6 appropriate jurisdiction that the registrant or his or her represen- 7 tative failed to appear on the return date or any subsequent adjourned 8 date or failed to comply with the rules and regulations of an adminis- 9 trative tribunal following entry of a final decision in response to a 10 total of three or more summonses or other process in the aggregate, 11 issued within an eighteen month period, charging either that: (i) such 12 motor vehicle was parked, stopped or standing, or that such motor vehi- 13 cle was operated for hire by the registrant or his or her agent without 14 being licensed as a motor vehicle for hire by the appropriate local 15 authority, in violation of any of the provisions of this chapter or of 16 any law, ordinance, rule or regulation made by a local authority; or 17 (ii) the registrant was liable in accordance with section eleven hundred 18 eleven-b of this chapter for a violation of subdivision (d) of section 19 eleven hundred eleven of this chapter; or (iii) the registrant was 20 liable in accordance with section eleven hundred eleven-c OR ELEVEN 21 HUNDRED ELEVEN-D of this chapter for a violation of a bus lane 22 restriction as defined in such [section] SECTIONS, the commissioner or 23 his or her agent shall deny the registration or renewal application 24 until the applicant provides proof from the court or administrative 25 tribunal wherein the charges are pending that an appearance or answer 26 has been made or in the case of an administrative tribunal that he or 27 she has complied with the rules and regulations of said tribunal follow- 28 ing entry of a final decision. Where an application is denied pursuant 29 to this section, the commissioner may, in his or her discretion, deny a 30 registration or renewal application to any other person for the same 31 vehicle and may deny a registration or renewal application for any other 32 motor vehicle registered in the name of the applicant where the commis- 33 sioner has determined that such registrant's intent has been to evade 34 the purposes of this subdivision and where the commissioner has reason- 35 able grounds to believe that such registration or renewal will have the 36 effect of defeating the purposes of this subdivision. Such denial shall 37 only remain in effect as long as the summonses remain unanswered, or in 38 the case of an administrative tribunal, the registrant fails to comply 39 with the rules and regulations following entry of a final decision. 40 S 9. Paragraph a of subdivision 5-a of section 401 of the vehicle and 41 traffic law, as amended by section 8-b of part II of chapter 59 of the 42 laws of 2010, is amended to read as follows: 43 a. If at the time of application for a registration or renewal thereof 44 there is a certification from a court or administrative tribunal of 45 appropriate jurisdiction that the registrant or his or her represen- 46 tative failed to appear on the return date or any subsequent adjourned 47 date or failed to comply with the rules and regulations of an adminis- 48 trative tribunal following entry of a final decision in response to 49 three or more summonses or other process, issued within an eighteen 50 month period, charging that such motor vehicle was parked, stopped or 51 standing, or that such motor vehicle was operated for hire by the regis- 52 trant or his or her agent without being licensed as a motor vehicle for 53 hire by the appropriate local authority, in violation of any of the 54 provisions of this chapter or of any law, ordinance, rule or regulation 55 made by a local authority or the registrant was liable in accordance 56 with section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this S. 5762 6 1 chapter for a violation of a bus lane restriction as defined in such 2 [section] SECTIONS, the commissioner or his or her agent shall deny the 3 registration or renewal application until the applicant provides proof 4 from the court or administrative tribunal wherein the charges are pend- 5 ing that an appearance or answer has been made or in the case of an 6 administrative tribunal that he or she has complied with the rules and 7 regulations of said tribunal following entry of a final decision. Where 8 an application is denied pursuant to this section, the commissioner may, 9 in his or her discretion, deny a registration or renewal application to 10 any other person for the same vehicle and may deny a registration or 11 renewal application for any other motor vehicle registered in the name 12 of the applicant where the commissioner has determined that such regis- 13 trant's intent has been to evade the purposes of this subdivision and 14 where the commissioner has reasonable grounds to believe that such 15 registration or renewal will have the effect of defeating the purposes 16 of this subdivision. Such denial shall only remain in effect as long as 17 the summonses remain unanswered, or in the case of an administrative 18 tribunal, the registrant fails to comply with the rules and regulations 19 following entry of a final decision. 20 S 10. Paragraph a of subdivision 5-a of section 401 of the vehicle and 21 traffic law, as separately amended by chapters 339 and 592 of the laws 22 of 1987, is amended to read as follows: 23 a. If at the time of application for a registration or renewal thereof 24 there is a certification from a court or administrative tribunal of 25 appropriate jurisdiction that the registrant or his OR HER represen- 26 tative failed to appear on the return date or any subsequent adjourned 27 date or failed to comply with the rules and regulations of an adminis- 28 trative tribunal following entry of a final decision in response to 29 three or more summonses or other process, issued within an eighteen 30 month period, charging that such motor vehicle was parked, stopped or 31 standing, or that such motor vehicle was operated for hire by the regis- 32 trant or his OR HER agent without being licensed as a motor vehicle for 33 hire by the appropriate local authority, in violation of any of the 34 provisions of this chapter or of any law, ordinance, rule or regulation 35 made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE 36 WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF 37 A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the commissioner or 38 his OR HER agent shall deny the registration or renewal application 39 until the applicant provides proof from the court or administrative 40 tribunal wherein the charges are pending that an appearance or answer 41 has been made or in the case of an administrative tribunal that he OR 42 SHE has complied with the rules and regulations of said tribunal follow- 43 ing entry of a final decision. Where an application is denied pursuant 44 to this section, the commissioner may, in his OR HER discretion, deny a 45 registration or renewal application to any other person for the same 46 vehicle and may deny a registration or renewal application for any other 47 motor vehicle registered in the name of the applicant where the commis- 48 sioner has determined that such registrant's intent has been to evade 49 the purposes of this subdivision and where the commissioner has reason- 50 able grounds to believe that such registration or renewal will have the 51 effect of defeating the purposes of this subdivision. Such denial shall 52 only remain in effect as long as the summonses remain unanswered, or in 53 the case of an administrative tribunal, the registrant fails to comply 54 with the rules and regulations following entry of a final decision. S. 5762 7 1 S 11. Subdivision (d) of section 1111-c of the vehicle and traffic 2 law, as added by section 9 of part II of chapter 59 of the laws of 2010, 3 is amended to read as follows: 4 (d) A certificate, sworn to or affirmed by a technician employed by 5 the city in which the charged violation occurred OR BY THE APPLICABLE 6 MASS TRANSIT AGENCY, or a facsimile thereof, based upon inspection of 7 photographs, microphotographs, videotape or other recorded images 8 produced by a bus lane photo device, shall be prima facie evidence of 9 the facts contained therein. Any photographs, microphotographs, vide- 10 otape or other recorded images evidencing such a violation shall be 11 available for inspection in any proceeding to adjudicate the liability 12 for such violation pursuant to this section. 13 S 12. The vehicle and traffic law is amended by adding a new section 14 1111-d to read as follows: 15 S 1111-D. MASS TRANSIT PHOTO DEVICE ENFORCEMENT OF OWNER LIABILITY FOR 16 FAILURE OF OPERATOR TO COMPLY WITH BUS LANE RESTRICTIONS. (A) 1. 17 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IS 18 HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A BUS LANE PHOTO DEVICE 19 ENFORCEMENT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHI- 20 CLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH BUS LANE 21 RESTRICTIONS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS 22 SECTION. THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION OR THE APPLICA- 23 BLE MASS TRANSIT AGENCY, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH 24 PROGRAM, SHALL OPERATE BUS LANE PHOTO DEVICES ONLY ON DESIGNATED BUS 25 LANES IN SUCH CITY, IN ADDITION TO THE BUS ROUTES SPECIFIED IN PARAGRAPH 26 FOUR OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAP- 27 TER. SUCH BUS LANE PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL 28 BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTA- 29 TION AND/OR ON BUSES OR VEHICLES SELECTED BY SUCH DEPARTMENT OF TRANS- 30 PORTATION IN CONSULTATION WITH THE APPLICABLE MASS TRANSIT AGENCY. 31 2. ANY IMAGE OR IMAGES CAPTURED BY BUS LANE PHOTO DEVICES SHALL BE 32 INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE 33 MASS TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITI- 34 ATED BY THE DEPARTMENT OF MOTOR VEHICLES INVOLVING LICENSURE PRIVILEGES 35 OF BUS OPERATORS. ANY MOBILE BUS LANE PHOTO DEVICE MOUNTED ON A BUS 36 SHALL BE DIRECTED OUTWARDLY FROM SUCH BUS TO CAPTURE IMAGES OF VEHICLES 37 OPERATED IN VIOLATION OF BUS LANE RESTRICTIONS, AND IMAGES PRODUCED BY 38 SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A 39 COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. 40 3. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT 41 THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN- 42 TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A BUS LANE PHOTO 43 DEVICE. SUCH MEASURES SHALL INCLUDE: 44 (I) UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT 45 PRACTICABLE, THAT IMAGES PRODUCED BY SUCH BUS LANE PHOTO DEVICES SHALL 46 NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE 47 CONTENTS OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY 48 ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN 49 IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR 50 OTHER CONTENTS OF A VEHICLE; 51 (II) A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' NUMBER 52 PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS LANE 53 PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS 54 SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER; 55 OR (C) AS OTHERWISE REQUIRED BY LAW; S. 5762 8 1 (III) THE INSTALLATION OF SIGNAGE AT REGULAR INTERVALS OR ENHANCED 2 ROAD MARKINGS WITHIN DESIGNATED BUS LANES STATING THAT BUS LANE PHOTO 3 DEVICES ARE USED TO ENFORCE RESTRICTIONS ON VEHICULAR TRAFFIC IN BUS 4 LANES; AND 5 (IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED 6 PRIVACY PROTECTION MEASURES. 7 (B) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED 8 PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE 9 PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS 10 LANE RESTRICTIONS THAT APPLY TO DESIGNATED BUS LANES, AND SUCH VIOLATION 11 IS EVIDENCED BY INFORMATION OBTAINED FROM A BUS LANE PHOTO DEVICE; 12 PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL- 13 TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE 14 HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY BUS LANE 15 RESTRICTIONS. 16 (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 17 FOLLOWING MEANINGS: 18 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN SECTION TWO HUNDRED 19 THIRTY-NINE OF THIS CHAPTER. 20 2. "BUS LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF 21 OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR 22 MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF BUS LANE 23 RESTRICTIONS. 24 3. "BUS LANE RESTRICTIONS" SHALL MEAN RESTRICTIONS ON THE USE OF 25 DESIGNATED BUS LANES BY VEHICLES OTHER THAN BUSES IMPOSED BY LOCAL LAW 26 AND SIGNS ERECTED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION. 27 4. "DESIGNATED BUS LANE" SHALL MEAN A LANE DEDICATED FOR THE EXCLUSIVE 28 USE OF BUSES, WHICH INCLUDES BUS STOPS WITHIN THE DESIGNATED BUS LANE, 29 AND WHICH HAS BEEN DEFINED AS A "CAMERA ENFORCEABLE BUS LANE" PURSUANT 30 TO TITLE 34 OF THE RULES OF THE CITY OF NEW YORK, PROMULGATED IN CONSUL- 31 TATION WITH THE APPLICABLE MASS TRANSIT AGENCY, WITH THE EXCEPTIONS 32 ALLOWED UNDER 4-12(M) AND 4-08(A)(3) OF TITLE 34 OF THE RULES OF THE 33 CITY OF NEW YORK OR ANY SUCH RULES OF A CITY WITH A POPULATION OF ONE 34 MILLION OR MORE. 35 (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY 36 THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THERE- 37 OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR 38 OTHER RECORDED IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE, SHALL BE 39 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, 40 MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A 41 VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI- 42 CATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. 43 (E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION IMPOSED 44 ON ANY ROUTE WITHIN A DESIGNATED BUS LANE SHALL BE LIABLE FOR MONETARY 45 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMUL- 46 GATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK; 47 PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS LANE 48 RESTRICTION SHALL NOT EXCEED ONE HUNDRED FIFTEEN DOLLARS; PROVIDED, 49 FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO 50 EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND 51 TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 52 (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE 53 DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE 54 OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR 55 SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- 56 CLE INSURANCE COVERAGE. S. 5762 9 1 (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH 2 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE 3 RESTRICTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A 4 MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF 5 BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 6 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE 7 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE 8 RESTRICTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH 9 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE 10 STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE 11 VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION 12 NUMBER OF THE BUS LANE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR 13 OTHER DOCUMENT LOCATOR NUMBER. 14 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE 15 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST 16 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO 17 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST 18 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- 19 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 20 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY 21 OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY 22 AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF 23 VIOLATION. 24 5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION 25 SHALL BE BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK. 26 (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT 27 TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS 28 REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A 29 VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS 30 LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS 31 STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV- 32 ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY 33 THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE 34 POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE 35 PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK. 36 (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF 37 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL 38 NOT BE LIABLE FOR THE VIOLATION OF A BUS LANE RESTRICTION, PROVIDED 39 THAT: 40 (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING 41 VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO 42 HUNDRED THIRTY-NINE OF THIS CHAPTER; AND 43 (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE SUCH BUREAU OF 44 THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION 45 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO 46 SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE 47 IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, 48 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, 49 LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH 50 BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 51 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS 52 SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN 53 THIS SECTION. 54 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF 55 THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH 56 VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES S. 5762 10 1 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- 2 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO 3 SUBDIVISION (G) OF THIS SECTION. 4 (J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION WAS 5 NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER 6 MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 7 (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY 8 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS. 9 (1) THE CITY OF NEW YORK SHALL SUBMIT A REPORT ON THE RESULTS OF THE 10 USE OF BUS LANE PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT 11 OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOU- 12 SAND THIRTEEN AND EVERY TWO YEARS THEREAFTER. SUCH REPORT SHALL INCLUDE, 13 BUT NOT BE LIMITED TO: 14 1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS LANE PHOTO 15 DEVICES WERE USED; 16 2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL 17 BASIS; 18 3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED; 19 4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST 20 NOTICE OF LIABILITY; 21 5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- 22 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE; 23 6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY AND ANY PARTIC- 24 IPATING MASS TRANSIT AGENCY; 25 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; 26 8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA; 27 9. THE TOTAL COST TO THE CITY OF NEW YORK AND THE TOTAL COST TO ANY 28 PARTICIPATING MASS TRANSIT AGENCY; AND 29 10. A DETAILED REPORT ON THE BUS SPEEDS, RELIABILITY, AND RIDERSHIP 30 BEFORE AND AFTER IMPLEMENTATION OF THE BUS LANE PHOTO DEVICE ENFORCEMENT 31 PROGRAM FOR EACH BUS ROUTE, INCLUDING CURRENT STATISTICS. 32 S 13. The opening paragraph and paragraph (c) of subdivision 1 of 33 section 1809 of the vehicle and traffic law, as amended by section 10 of 34 part II of chapter 59 of the laws of 2010, are amended to read as 35 follows: 36 Whenever proceedings in an administrative tribunal or a court of this 37 state result in a conviction for an offense under this chapter or a 38 traffic infraction under this chapter, or a local law, ordinance, rule 39 or regulation adopted pursuant to this chapter, other than a traffic 40 infraction involving standing, stopping, or parking or violations by 41 pedestrians or bicyclists, or other than an adjudication of liability of 42 an owner for a violation of subdivision (d) of section eleven hundred 43 eleven of this chapter in accordance with section eleven hundred 44 eleven-a of this chapter, or other than an adjudication of liability of 45 an owner for a violation of subdivision (d) of section eleven hundred 46 eleven of this chapter in accordance with section eleven hundred 47 eleven-b of this chapter, or other than an adjudication in accordance 48 with section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this 49 chapter for a violation of a bus lane restriction as defined in such 50 [section] SECTIONS, there shall be levied a crime victim assistance fee 51 and a mandatory surcharge, in addition to any sentence required or 52 permitted by law, in accordance with the following schedule: 53 (c) Whenever proceedings in an administrative tribunal or a court of 54 this state result in a conviction for an offense under this chapter 55 other than a crime pursuant to section eleven hundred ninety-two of this 56 chapter, or a traffic infraction under this chapter, or a local law, S. 5762 11 1 ordinance, rule or regulation adopted pursuant to this chapter, other 2 than a traffic infraction involving standing, stopping, or parking or 3 violations by pedestrians or bicyclists, or other than an adjudication 4 of liability of an owner for a violation of subdivision (d) of section 5 eleven hundred eleven of this chapter in accordance with section eleven 6 hundred eleven-a of this chapter, or other than an adjudication of 7 liability of an owner for a violation of subdivision (d) of section 8 eleven hundred eleven of this chapter in accordance with section eleven 9 hundred eleven-b of this chapter, or other than an infraction pursuant 10 to article nine of this chapter or other than an adjudication of liabil- 11 ity of an owner for a violation of toll collection regulations pursuant 12 to section two thousand nine hundred eighty-five of the public authori- 13 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 14 hundred seventy-four of the laws of nineteen hundred fifty or other than 15 an adjudication in accordance with section eleven hundred eleven-c OR 16 ELEVEN HUNDRED ELEVEN-D of this chapter for a violation of a bus lane 17 restriction as defined in such [section] SECTIONS, there shall be levied 18 a crime victim assistance fee in the amount of five dollars and a manda- 19 tory surcharge, in addition to any sentence required or permitted by 20 law, in the amount of fifty-five dollars. 21 S 14. Subdivision 1 of section 1809 of the vehicle and traffic law, as 22 amended by section 10-a of part II of chapter 59 of the laws of 2010, is 23 amended to read as follows: 24 1. Whenever proceedings in an administrative tribunal or a court of 25 this state result in a conviction for a crime under this chapter or a 26 traffic infraction under this chapter, or a local law, ordinance, rule 27 or regulation adopted pursuant to this chapter, other than a traffic 28 infraction involving standing, stopping, parking or motor vehicle equip- 29 ment or violations by pedestrians or bicyclists, or other than an adju- 30 dication of liability of an owner for a violation of subdivision (d) of 31 section eleven hundred eleven of this chapter in accordance with section 32 eleven hundred eleven-a of this chapter, or other than an adjudication 33 of liability of an owner for a violation of subdivision (d) of section 34 eleven hundred eleven of this chapter in accordance with section eleven 35 hundred eleven-b of this chapter, or other than an adjudication in 36 accordance with section eleven hundred eleven-c OR ELEVEN HUNDRED 37 ELEVEN-D of this chapter for a violation of a bus lane restriction as 38 defined in such [section] SECTIONS, there shall be levied a mandatory 39 surcharge, in addition to any sentence required or permitted by law, in 40 the amount of twenty-five dollars. 41 S 15. Subdivision 1 of section 1809 of the vehicle and traffic law, as 42 amended by section 10-b of part II of chapter 59 of the laws of 2010, is 43 amended to read as follows: 44 1. Whenever proceedings in an administrative tribunal or a court of 45 this state result in a conviction for a crime under this chapter or a 46 traffic infraction under this chapter other than a traffic infraction 47 involving standing, stopping, parking or motor vehicle equipment or 48 violations by pedestrians or bicyclists, or other than an adjudication 49 in accordance with section eleven hundred eleven-c OR ELEVEN HUNDRED 50 ELEVEN-D of this chapter for a violation of a bus lane restriction as 51 defined in such [section] SECTIONS, there shall be levied a mandatory 52 surcharge, in addition to any sentence required or permitted by law, in 53 the amount of seventeen dollars. 54 S 16. Subdivision 1 of section 1809 of the vehicle and traffic law, as 55 separately amended by chapter 16 of the laws of 1983 and chapter 62 of 56 the laws of 1989, is amended to read as follows: S. 5762 12 1 1. Whenever proceedings in an administrative tribunal or a court of 2 this state result in a conviction for a crime under this chapter or a 3 traffic infraction under this chapter other than a traffic infraction 4 involving standing, stopping, parking or motor vehicle equipment or 5 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION 6 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR A 7 VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there 8 shall be levied a mandatory surcharge, in addition to any sentence 9 required or permitted by law, in the amount of seventeen dollars. 10 S 17. Paragraph a of subdivision 1 of section 1809-e of the vehicle 11 and traffic law, as amended by section 11 of part II of chapter 59 of 12 the laws of 2010, is amended to read as follows: 13 a. Notwithstanding any other provision of law, whenever proceedings in 14 a court or an administrative tribunal of this state result in a 15 conviction for an offense under this chapter, except a conviction pursu- 16 ant to section eleven hundred ninety-two of this chapter, or for a traf- 17 fic infraction under this chapter, or a local law, ordinance, rule or 18 regulation adopted pursuant to this chapter, except a traffic infraction 19 involving standing, stopping, or parking or violations by pedestrians or 20 bicyclists, and except an adjudication of liability of an owner for a 21 violation of subdivision (d) of section eleven hundred eleven of this 22 chapter in accordance with section eleven hundred eleven-a of this chap- 23 ter, and except an adjudication of liability of an owner for a violation 24 of subdivision (d) of section eleven hundred eleven of this chapter in 25 accordance with section eleven hundred eleven-b of this chapter, and 26 except an adjudication in accordance with section eleven hundred 27 eleven-c OR ELEVEN HUNDRED ELEVEN-D of this chapter of a violation of a 28 bus lane restriction as defined in such [section] SECTIONS, and except 29 an adjudication of liability of an owner for a violation of toll 30 collection regulations pursuant to section two thousand nine hundred 31 eighty-five of the public authorities law or sections sixteen-a, 32 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 33 laws of nineteen hundred fifty, there shall be levied in addition to any 34 sentence, penalty or other surcharge required or permitted by law, an 35 additional surcharge of twenty dollars. 36 S 18. Paragraph a of subdivision 1 of section 1809-e of the vehicle 37 and traffic law, as amended by section 11-a of part II of chapter 59 of 38 the laws of 2010, is amended to read as follows: 39 a. Notwithstanding any other provision of law, whenever proceedings in 40 a court or an administrative tribunal of this state result in a 41 conviction for an offense under this chapter, except a conviction pursu- 42 ant to section eleven hundred ninety-two of this chapter, or for a traf- 43 fic infraction under this chapter, or a local law, ordinance, rule or 44 regulation adopted pursuant to this chapter, except a traffic infraction 45 involving standing, stopping, or parking or violations by pedestrians or 46 bicyclists, and except an adjudication of liability of an owner for a 47 violation of subdivision (d) of section eleven hundred eleven of this 48 chapter in accordance with section eleven hundred eleven-a of this chap- 49 ter, and except an adjudication in accordance with section eleven 50 hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this chapter of a 51 violation of a bus lane restriction as defined in such [section] 52 SECTIONS, and except an adjudication of liability of an owner for a 53 violation of toll collection regulations pursuant to section two thou- 54 sand nine hundred eighty-five of the public authorities law or sections 55 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 56 of the laws of nineteen hundred fifty, there shall be levied in addition S. 5762 13 1 to any sentence, penalty or other surcharge required or permitted by 2 law, an additional surcharge of twenty dollars. 3 S 19. Paragraph a of subdivision 1 of section 1809-e of the vehicle 4 and traffic law, as added by section 1 of part EE of chapter 56 of the 5 laws of 2008, is amended to read as follows: 6 a. Notwithstanding any other provision of law, whenever proceedings in 7 a court or an administrative tribunal of this state result in a 8 conviction for an offense under this chapter, except a conviction pursu- 9 ant to section eleven hundred ninety-two of this chapter, or for a traf- 10 fic infraction under this chapter, or a local law, ordinance, rule or 11 regulation adopted pursuant to this chapter, except a traffic infraction 12 involving standing, stopping, or parking or violations by pedestrians or 13 bicyclists, and except an adjudication of liability of an owner for a 14 violation of subdivision (d) of section eleven hundred eleven of this 15 chapter in accordance with section eleven hundred eleven-a of this chap- 16 ter, AND EXCEPT AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN 17 HUNDRED ELEVEN-D OF THIS CHAPTER A VIOLATION OF A BUS LANE RESTRICTION 18 AS DEFINED IN SUCH SECTION, and except an adjudication of liability of 19 an owner for a violation of toll collection regulations pursuant to 20 section two thousand nine hundred eighty-five of the public authorities 21 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 22 hundred seventy-four of the laws of nineteen hundred fifty, there shall 23 be levied in addition to any sentence, penalty or other surcharge 24 required or permitted by law, an additional surcharge of twenty dollars. 25 S 20. Paragraph (l) of subdivision 2 of section 87 of the public 26 officers law, as added by section 12 of part II of chapter 59 of the 27 laws of 2010, is amended to read as follows: 28 (l) are photographs, microphotographs, videotape or other recorded 29 images produced by a bus lane photo device prepared under authority of 30 section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of the vehi- 31 cle and traffic law. 32 S 21. This act shall take effect on the ninetieth day after it shall 33 have become a law; provided, however, that: 34 (a) the amendments to paragraph (i) of subdivision a of section 401 of 35 the vehicle and traffic law made by section seven of this act shall not 36 affect the expiration of such subdivision and shall expire therewith, 37 when upon such date section eight of this act shall take effect; 38 (b) the amendments to subdivision a of section 401 of the vehicle and 39 traffic law as made by section eight of this act shall not affect the 40 expiration of such subdivision and shall expire therewith, when upon 41 such date section nine of this act shall take effect; 42 (c) the amendments to subdivision a of section 401 of the vehicle and 43 traffic law as made by section nine of this act shall not affect the 44 expiration of such subdivision and shall expire therewith, when upon 45 such date section ten of this act shall take effect; 46 (d) the amendments to subdivision (d) of section 1111-c of the vehicle 47 and traffic law made by section eleven of this act shall not affect the 48 repeal of such subdivision and shall be deemed to repeal therewith; 49 (e) the amendments to the opening paragraph and paragraph (c) of 50 subdivision one of section 1809 of the vehicle and traffic law made by 51 section thirteen of this act shall not affect the expiration of such 52 subdivision and shall expire therewith, when upon such date, section 53 fourteen of this act shall take effect; 54 (f) the amendments to subdivision 1 of section 1809 of the vehicle and 55 traffic law made by section fourteen of this act shall not affect the S. 5762 14 1 expiration of such subdivision and shall expire therewith when upon such 2 date, section fifteen of this act shall take effect; 3 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 4 traffic law made by section fifteen of this act shall not affect the 5 expiration of such subdivision and shall expire therewith when upon such 6 date, section sixteen of this act shall take effect; 7 (h) the amendments to paragraph a of subdivision 1 of section 1809-e 8 of the vehicle and traffic law made by section seventeen of this act 9 shall not affect the expiration of such subdivision and shall expire 10 therewith when upon such date, section eighteen of this act shall take 11 effect; 12 (i) the amendments to paragraph a of subdivision 1 of section 1809-e 13 of the vehicle and traffic law made by section eighteen of this act 14 shall not affect the expiration of such subdivision and shall expire 15 therewith when upon such date, section nineteen of this act shall take 16 effect; and 17 (j) the amendments to paragraph (l) of subdivision 2 of section 87 of 18 the public officers law made by section twenty of this act shall not 19 affect the repeal of such subdivision and shall be deemed to repeal 20 therewith.