Bill Text: NY S08597 | 2017-2018 | General Assembly | Introduced

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Bill Title: Removes caps on automated enforcement cameras for bus lanes and traffic lights in the city of New York, increases penalties and creates a graduated schedule of fines for repeat offenders, and directs that fines be deposited in the general transportation account of the New York city transportation assistance fund.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-05-10 - REFERRED TO CITIES [S08597 Detail]

Download: New_York-2017-S08597-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8597
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the vehicle and traffic law,  in  relation  to  removing
          caps on automated enforcement cameras for bus lanes and traffic lights
          in the City of New York, increasing penalties and creating a graduated
          schedule  of  fines  for repeat offenders, and directing that fines be
          deposited in the general transportation account of the New  York  city
          transportation  assistance  fund;  to amend the administrative code of
          the city of New York in  relation  to  certain  traffic-control  indi-
          cations;  to amend part II of chapter 59 of the laws of 2010, amending
          the vehicle and traffic law and the public officers  law  relating  to
          establishing a bus rapid transit demonstration program to restrict the
          use  of  bus  lanes by means of bus lane photo devices, in relation to
          the effectiveness thereof; to amend chapter 746 of the  laws  of  1988
          amending  the  vehicle  and traffic law, the general municipal law and
          the public officers law relating to the  civil  liability  of  vehicle
          owners  for  traffic  control  signal  violations,  in relation to the
          effectiveness thereof; and to amend local law number 46 of the city of
          New York for the year 1989 amending the  administrative  code  of  the
          city  of  New  York  relating to civil liability of vehicle owners for
          traffic control signal violations, in relation  to  the  effectiveness
          thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 5 of subdivision (c), subdivision (e) and  subdi-
     2  vision (m) of section 1111-c of the vehicle and traffic law, paragraph 5
     3  of subdivision (c) and subdivision (e) as amended and subdivision (m) as
     4  added  by  section  6 of part NNN of chapter 59 of the laws of 2018, are
     5  amended to read as follows:
     6    5. "bus rapid transit program" shall mean [up to ten routes] any route
     7  designated by the New York city department of transportation in  consul-
     8  tation  with  the applicable mass transit agency, in addition to the Bus
     9  Rapid Transit Phase I plan routes, that operate on designated bus  lanes
    10  and  that  may include upgraded signage, enhanced road markings, minimum
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15665-02-8
        S. 8597                             2
     1  bus stop spacing, off-board fare payment, traffic  signal  priority  for
     2  buses,  and  any other enhancement that increases bus speed or reliabil-
     3  ity.
     4    (e)  An owner liable for a violation of a bus lane restriction imposed
     5  on any route within a bus rapid transit  program  shall  be  liable  for
     6  monetary  penalties in accordance with a schedule of fines and penalties
     7  promulgated by the parking violations bureau of the city  of  New  York;
     8  provided,  however,  that  the monetary penalty for violating a bus lane
     9  restriction shall not exceed one hundred [fifteen] dollars, one  hundred
    10  twenty-five  dollars  for a second offense within a twelve month period,
    11  one hundred seventy-five dollars for a third  offense  within  a  twelve
    12  month  period,  two  hundred fifty dollars for a fourth offense within a
    13  twelve month period, and three hundred fifty dollars for each subsequent
    14  offense within a twelve month period; provided, further, that  an  owner
    15  shall  be  liable  for  an  additional penalty not to exceed twenty-five
    16  dollars for each violation for the failure to respond  to  a  notice  of
    17  liability within the prescribed time period.
    18    (m)  Any  revenue  from fines and penalties collected pursuant to this
    19  section from any mobile bus lane photo devices [that were authorized  to
    20  be  installed pursuant to a chapter of the laws of two thousand eighteen
    21  that added this subdivision] shall be remitted by the city of  New  York
    22  to  the applicable mass transit agency on a quarterly basis to be depos-
    23  ited in the general transportation account of the New York  city  trans-
    24  portation assistance fund established pursuant to section twelve hundred
    25  seventy-i of the public authorities law.
    26    §  2.  Paragraph  1  of subdivision (a) and subdivision (e) of section
    27  1111-a of the vehicle and traffic law, paragraph 1 of subdivision (a) as
    28  amended by chapter 18 of the laws of 2009 and subdivision (e) as amended
    29  by chapter 479 of the laws of 1994, are amended, and a  new  subdivision
    30  (o) is added to read as follows:
    31    1.  Notwithstanding any other provision of law, each city with a popu-
    32  lation of one million or more is  hereby  authorized  and  empowered  to
    33  adopt  and  amend  a local law or ordinance establishing a demonstration
    34  program imposing monetary liability on the owner of a vehicle for  fail-
    35  ure of an operator thereof to comply with traffic-control indications in
    36  such  city  in  accordance  with  the  provisions  of this section. Such
    37  [demonstration] program shall empower a  city  to  install  and  operate
    38  traffic-control  signal  photo  violation-monitoring devices [at no more
    39  than one hundred fifty intersections within such city at any one time].
    40    (e) An owner liable for a violation  of  subdivision  (d)  of  section
    41  eleven  hundred  eleven of this article pursuant to a local law or ordi-
    42  nance adopted pursuant to this section  shall  be  liable  for  monetary
    43  penalties in accordance with a schedule of fines and penalties to be set
    44  forth  in  such  local law or ordinance, except that in a city which, by
    45  local law, has authorized the adjudication of such owner liability by  a
    46  parking  violations  bureau,  such schedule shall be promulgated by such
    47  bureau.  The liability of the owner pursuant to this section  shall  not
    48  exceed  [fifty  dollars  for  each  violation]  one hundred dollars, one
    49  hundred twenty-five dollars for a second offense within a  twelve  month
    50  period,  one  hundred  seventy-five dollars for a third offense within a
    51  twelve month period, two hundred fifty  dollars  for  a  fourth  offense
    52  within  a  twelve month period, and three hundred fifty dollars for each
    53  subsequent offense within a twelve month period; provided, however, that
    54  such local law or ordinance may provide for an additional penalty not in
    55  excess of twenty-five dollars for each  violation  for  the  failure  to
    56  respond to a notice of liability within the prescribed time period.
        S. 8597                             3
     1    (o)  Any  revenue  from fines and penalties collected pursuant to this
     2  section from  any  traffic-control  signal  photo  violations-monitoring
     3  device shall be remitted by the city of New York to the application mass
     4  transit  agency  on  a  quarterly  basis  to be deposited in the general
     5  transportation  account  of  the New York city transportation assistance
     6  fund established pursuant to section twelve  hundred  seventy-i  of  the
     7  public authorities law.
     8    §  3. Paragraph 1 of subdivision (a) of section 19-210 of the adminis-
     9  trative code of the city of New York, as amended by chapter  18  of  the
    10  laws of 2009, is amended to read as follows:
    11    1.  Notwithstanding any other provision of law, the parking violations
    12  bureau is hereby authorized and empowered to establish  a  demonstration
    13  program  imposing monetary liability on the owner of a vehicle for fail-
    14  ure of an operator thereof to comply with traffic-control indications in
    15  accordance with the provisions of this section. The department of trans-
    16  portation, for purposes of implementation  of  such  program,  shall  be
    17  authorized  to  install  and operate traffic-control signal photo viola-
    18  tion-monitoring devices [at no more than one hundred fifty intersections
    19  at any one time].
    20    § 4. The opening paragraph of section 14 of part II of chapter  59  of
    21  the  laws  of  2010, amending the vehicle and traffic law and the public
    22  officers law relating to establishing a bus rapid transit  demonstration
    23  program  to  restrict  the  use  of bus lanes by means of bus lane photo
    24  devices, as amended by chapter 239 of the laws of 2015,  is  amended  to
    25  read as follows:
    26    This  act  shall  take effect on the ninetieth day after it shall have
    27  become a law [and shall expire 10 years after such effective  date  when
    28  upon such date the provisions of this act shall be deemed repealed; and]
    29  provided  that  any  rules  and regulations related to this act shall be
    30  promulgated on or before such effective date, provided that:
    31    § 5. Section 17 of chapter 746 of the laws of 1988 amending the  vehi-
    32  cle  and  traffic law, the general municipal law and the public officers
    33  law, relating to the civil  liability  of  vehicle  owners  for  traffic
    34  control  signal  violations,  as  amended  by chapter 134 of the laws of
    35  2014, is amended to read as follows:
    36    § 17. This act shall take effect on the thirtieth day after  it  shall
    37  have  become  a  law  [and  shall  remain in full force and effect until
    38  December 1, 2019 when upon such date the amendments and provisions  made
    39  by  this act shall be deemed repealed; provided, however, any such local
    40  laws as may be enacted pursuant to this act shall remain in  full  force
    41  and effect only until the expiration on December 1, 2019].
    42    §  6. Section 2 of local law number 46 of the city of New York for the
    43  year 1989 amending the administrative code  of  the  city  of  New  York
    44  relating to civil liability of vehicle owners for traffic control signal
    45  violations, as amended by chapter 134 of the laws of 2014, is amended to
    46  read as follows:
    47    § 2. This local law shall take effect immediately [and shall expire on
    48  December 1, 2019].
    49    §  7.  This act shall take effect immediately.  Effective immediately,
    50  the addition, amendment and/or repeal of any rule or  regulation  neces-
    51  sary  for  the  implementation  of  this  act  on its effective date are
    52  authorized and directed to be made  and  completed  on  or  before  such
    53  effective date.