Bill Text: NY S08824 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes a temporary high-occupancy vehicle program for vehicles with three or more occupants on the Williamsburg bridge by means of mobile or stationary photo devices.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-05-23 - REFERRED TO CITIES [S08824 Detail]
Download: New_York-2017-S08824-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8824 IN SENATE May 23, 2018 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to establishing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1268 of the public authorities law is amended by 2 adding a new subdivision 4 to read as follows: 3 4. The authority and the New York city transit authority or any of its 4 subsidiary corporations shall consult with and assist the city of New 5 York in implementing a temporary high-occupancy vehicle (HOV) program on 6 the Williamsburg bridge pursuant to section eleven hundred eleven-f of 7 the vehicle and traffic law. 8 § 2. The vehicle and traffic law is amended by adding a new section 9 235-a to read as follows: 10 § 235-a. Jurisdiction; Williamsburg bridge temporary high-occupancy 11 vehicle program. Notwithstanding any inconsistent provisions of any 12 general, special or local law or administrative code to the contrary, in 13 any city of a million or more which heretofore or hereafter is author- 14 ized to establish a parking violations bureau having jurisdiction to 15 hear and determine complaints of traffic infractions constituting park- 16 ing, standing or stopping violations in accordance with section two 17 hundred thirty-six of this article, such tribunal shall be authorized to 18 adjudicate the liability of owners for violations of subdivision (f) of 19 section eleven hundred ten and section eleven hundred eleven-f of this 20 chapter for violations of the temporary high-occupancy vehicle (HOV) 21 program as defined in such section eleven hundred eleven-f, and such 22 tribunal and the rules and regulations pertaining thereto shall be 23 constituted in substantial conformance with the following sections. 24 § 3. Section 236 of the vehicle and traffic law is amended by adding a 25 new subdivision 1-a to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15978-02-8S. 8824 2 1 1-a. Creation. In any city of a million or more as hereinbefore or 2 hereafter authorized such tribunal when created shall be known as the 3 parking violations bureau and shall have jurisdiction of traffic infrac- 4 tions which constitute a parking violation and shall adjudicate liabil- 5 ity of owners in accordance with subdivision (f) of section eleven 6 hundred ten and section eleven hundred eleven-f of this chapter for 7 violations of the temporary high-occupancy vehicle (HOV) program as 8 defined in such section eleven hundred eleven-f. For the purposes of 9 this article, a parking violation is the violation of any law, rule or 10 regulation providing for or regulating the parking, stopping or standing 11 of a vehicle. In addition for purposes of this article, "commissioner" 12 shall mean and include the commissioner of traffic of the city or an 13 official possessing authority as such a commissioner. 14 § 4. Section 237 of the vehicle and traffic law is amended by adding a 15 new subdivision 16 to read as follows: 16 16. To adjudicate the liability of owners for violations of subdivi- 17 sion (f) of section eleven hundred ten and section eleven hundred 18 eleven-f of this chapter. 19 § 5. Subdivision 1 of section 239 of the vehicle and traffic law is 20 amended by adding a new paragraph f-1 to read as follows: 21 f-1. "Notice of violation" means a notice of violation as defined in 22 subdivision nine of section two hundred thirty-seven of this article and 23 shall not be deemed to include a notice of liability issued pursuant to 24 authorization set forth in subdivision (f) of section eleven hundred ten 25 and section eleven hundred eleven-f of this chapter. 26 § 6. Section 240 of the vehicle and traffic law is amended by adding 27 three new subdivisions 1-b, 1-c and 2-a to read as follows: 28 1-b. Notice of hearing. Whenever a person alleged to be liable in 29 accordance with the provisions of subdivision (f) of section eleven 30 hundred ten and section eleven hundred eleven-f of this chapter enters a 31 plea of not guilty or contests such an allegation, the bureau shall 32 advise such person personally by such form of first class mail as the 33 director may direct of the date on which he or she must appear to answer 34 the charge at a hearing. The form and content of such notice of hearing 35 shall be prescribed by the director, and shall contain a warning to 36 advise the person so pleading or contesting that failure to appear on 37 the date designated, or on any subsequent adjourned date, shall be 38 deemed an admission of liability, and that a default judgment may be 39 entered thereon. 40 1-c. Fines and penalties. Whenever a plea of not guilty has been 41 entered, or the bureau has been notified that an allegation of liability 42 in accordance with subdivision (f) of section eleven hundred ten and 43 section eleven hundred eleven-f of this chapter is being contested, by a 44 person in a timely fashion and a hearing on the merits has been 45 demanded, but has not yet been held, the bureau shall not issue any 46 notice of fine or penalty to that person prior to the date of the hear- 47 ing. 48 2-a. Conduct of hearings. a. Every hearing for an adjudication of an 49 allegation of liability in accordance with subdivision (f) of section 50 eleven hundred ten and section eleven hundred eleven-f of this chapter 51 shall be held before a hearing examiner in accordance with rules and 52 regulations promulgated by the bureau. 53 b. No charge may be established except upon proof by substantial 54 evidence.S. 8824 3 1 c. The hearing examiner shall not be bound by the rules of evidence in 2 the conduct of the hearing, except rules relating to privileged communi- 3 cations. 4 d. The hearing examiner shall at the request of the person charged on 5 a showing of good cause and need therefor, or in his or her own 6 discretion, issue a subpoena to compel the appearance at a hearing of 7 the officer who served the notice of violation or of other persons to 8 give testimony, and may issue a subpoena duces tecum to compel the 9 production for examination or introduction into evidence, of any book, 10 paper or other thing relevant to the charges. 11 e. In the case of a refusal to obey a subpoena, the bureau may make 12 application to the Supreme Court pursuant to section twenty-three 13 hundred eight of the civil practice law and rules, for an order requir- 14 ing such appearance, testimony or production of evidence. 15 f. The hearing examiner shall not examine the prior violation record 16 of a person charged before making a determination. 17 g. A record shall be made of a hearing on a plea of not guilty or of a 18 hearing at which liability in accordance with subdivision (f) of section 19 eleven hundred ten and section eleven hundred eleven-f of this chapter 20 is contested. Recording devices may be used for the making of the 21 record. 22 § 7. Section 241 of the vehicle and traffic law is amended by adding 23 two new subdivisions 1-a and 2-a to read as follows: 24 1-a. The hearing examiner shall make a determination on the charges, 25 either sustaining or dismissing them. Where the hearing examiner deter- 26 mines that the charges have been sustained he or she may examine either 27 the prior parking violations record or the record of liabilities 28 incurred in accordance with enforcement of subdivision (f) of section 29 eleven hundred ten and section eleven hundred eleven-f of this chapter 30 of the person charged prior to rendering a final determination. Final 31 determinations sustaining or dismissing charges shall be entered on a 32 final determination roll maintained by the bureau together with records 33 showing payment and nonpayment of penalties. 34 2-a. Where an operator or owner fails to enter a plea to or contest an 35 allegation of liability in accordance with subdivision (f) of section 36 eleven hundred ten and section eleven hundred eleven-f of this chapter 37 or fails to appear on a designated hearing date or subsequent adjourned 38 date or fails after a hearing to comply with the determination of a 39 hearing examiner, as prescribed by this article or by rule or regulation 40 of the bureau, such failure to plead, appear or comply shall be deemed, 41 for all purposes, an admission of liability and shall be grounds for 42 rendering and entering a default judgment in an amount provided by the 43 rules and regulations of the bureau. However, after the expiration of 44 the original date prescribed for entering a plea and before a default 45 judgment may be rendered, in such case the bureau shall pursuant to the 46 applicable provisions of law notify such operator or owner, by such form 47 of first class mail as the commission may direct: (1) of the violation 48 charged or liability in accordance with subdivision (f) of section elev- 49 en hundred ten and section eleven hundred eleven-f of this chapter 50 alleged, (2) of the impending default judgment, (3) that such judgment 51 will be entered in the Civil Court of the city in which the bureau has 52 been established, or other court of civil jurisdiction or any other 53 place provided for the entry of civil judgments within the state of New 54 York, and (4) that a default may be avoided by entering a plea or 55 contesting an allegation of liability in accordance with section eleven 56 hundred eleven-f of this chapter or making an appearance within thirtyS. 8824 4 1 days of the sending of such notice. Pleas entered within that period 2 shall be in the manner prescribed in the notice and not subject to addi- 3 tional penalty or fee. Such notice of impending default judgment shall 4 not be required prior to the rendering and entry thereof in the case of 5 operators or owners who are non-residents of the state of New York. In 6 no case shall a default judgment be rendered or, where required, a 7 notice of impending default judgment be sent, more than two years after 8 the expiration of the time prescribed for entering a plea. When a person 9 has demanded a hearing, no fine or penalty shall be imposed for any 10 reason prior to the holding of the hearing. If the hearing examiner 11 shall make a determination on the charges, sustaining them, he or she 12 shall impose no greater penalty or fine than those upon which the person 13 was originally charged. 14 § 8. Subdivision 5-a of section 401 of the vehicle and traffic law is 15 amended by adding a new paragraph a-1 to read as follows: 16 a-1. If at the time of application for a registration or renewal ther- 17 eof there is a certification from a court or administrative tribunal of 18 appropriate jurisdiction that the registrant or his or her represen- 19 tative failed to appear on the return date or any subsequent adjourned 20 date or failed to comply with the rules and regulations of an adminis- 21 trative tribunal following entry of a final decision in response to a 22 total of three or more summonses or other process in the aggregate, 23 issued within an eighteen-month period, charging that the registrant was 24 liable in accordance with subdivision (f) of section eleven hundred ten 25 and section eleven hundred eleven-f of this chapter for a violation of 26 the temporary high-occupancy vehicle (HOV) program as defined in such 27 section eleven hundred eleven-f, the commissioner or his or her agent 28 shall deny the registration or renewal application until the applicant 29 provides proof from the court or administrative tribunal wherein the 30 charges are pending that an appearance or answer has been made or in the 31 case of an administrative tribunal that he or she has complied with the 32 rules and regulations of said tribunal following entry of a final deci- 33 sion. Where an application is denied pursuant to this section, the 34 commissioner may, in his or her discretion, deny a registration or 35 renewal application to any other person for the same vehicle and may 36 deny a registration or renewal application for any other motor vehicle 37 registered in the name of the applicant where the commissioner has 38 determined that such registrant's intent has been to evade the purposes 39 of this subdivision and where the commissioner has reasonable grounds to 40 believe that such registration or renewal will have the effect defeating 41 the purposes of this subdivision. Such denial shall only remain in 42 effect as long as the summonses remain unanswered, or in the case of an 43 administrative tribunal, the registrant fails to comply with the rules 44 and regulations following entry of a final decision. 45 § 9. Section 1110 of the vehicle and traffic law is amended by adding 46 a new subdivision (f) to read as follows: 47 (f) Every person shall obey the instructions of any official traffic- 48 control device placed to delineate high-occupancy vehicle lane 49 restrictions pursuant to section eleven hundred eleven-f of this chap- 50 ter, unless otherwise directed by a traffic or police officer, subject 51 to the exceptions granted the driver of an authorized emergency vehicle 52 in this title. 53 § 10. The vehicle and traffic law is amended by adding a new section 54 1111-f to read as follows: 55 § 1111-f. Owner liability for failure of operator to comply with 56 temporary high-occupancy vehicle program restrictions. (a) 1. Notwith-S. 8824 5 1 standing any other provision of law, the city of New York in consulta- 2 tion with the metropolitan transportation authority is hereby authorized 3 and empowered to establish a temporary high-occupancy vehicle (HOV) 4 program on the Williamsburg bridge. Such program will impose monetary 5 liability on the owner of a vehicle for failure of an operator thereof 6 to comply with HOV restrictions in such city in accordance with the 7 provisions of this section. The New York city department of transporta- 8 tion, for purposes of the implementation of such program, shall operate 9 HOV photo devices only within designated HOV areas on the Williamsburg 10 bridge in such city. Such HOV photo devices shall be stationary and 11 shall be activated at locations determined by such department. 12 2. Any image produced by an HOV photo device shall not be used for any 13 purpose other than as specified in this section in the absence of a 14 court order requiring such image to be produced. 15 3. The city of New York shall adopt and enforce measures to protect 16 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 17 tity and identifying information may be captured by an HOV photo device, 18 provided, however, that no notice of liability issued pursuant to this 19 section shall be dismissed solely because an image produced by an HOV 20 photo device allows for the identification of the driver, the passen- 21 gers, or the contents of a vehicle. Such protective measures shall 22 include: 23 (i) a prohibition on the use or dissemination of vehicles' license 24 plate information and other information and images captured by HOV photo 25 devices except: (A) as required to establish liability under this 26 section or collect payment of penalties; (B) as required by court order; 27 (C) as required pursuant to a search warrant issued in accordance with 28 the criminal procedure law or a subpoena; or (D) as otherwise required 29 by law; 30 (ii) the installation of signage in advance of entry points to desig- 31 nated HOV areas stating that HOV photo devices are used to enforce HOV 32 restrictions; and 33 (iii) oversight procedures to ensure compliance with the aforemen- 34 tioned privacy protection measures. 35 4. Within the city of New York, such HOV photo devices used in accord- 36 ance with the temporary HOV program shall only be operated within desig- 37 nated HOV areas on the Williamsburg bridge during periods to be deter- 38 mined by the New York city department of transportation in consultation 39 with the metropolitan transportation authority in order to facilitate 40 traffic management. Determination of such periods shall be made based on 41 factors that include, but are not limited to, empirical traffic analyses 42 conducted by such department, input from the public, and guidance from 43 appropriate government entities regarding mitigation strategies. 44 (b) If the city of New York has established a temporary HOV program 45 pursuant to subdivision (a) of this section, the owner of a vehicle 46 shall be liable for a penalty imposed pursuant to this section if such 47 vehicle was used or operated with the permission of the owner, express 48 or implied, in violation of any HOV restrictions that apply, and such 49 violation is evidenced by information obtained from a HOV photo device; 50 provided however that no owner of a vehicle shall be liable for a penal- 51 ty imposed pursuant to this section where the operator of such vehicle 52 has been convicted of the underlying violation of any HOV restrictions. 53 (c) For purposes of this section, the following terms shall have the 54 following meanings: 55 1. "Owner" shall have the meaning provided in article two-B of this 56 chapter.S. 8824 6 1 2. "High-occupancy vehicle" or "HOV" shall mean vehicles with three or 2 more occupants. 3 3. "HOV photo device" shall mean a device that is capable of operating 4 independently of an enforcement officer and produces one or more images 5 of each vehicle at the time it is in violation of HOV restrictions. 6 4. "HOV restrictions" shall mean restrictions, within the temporary 7 HOV program, on the use of designated areas of the Williamsburg bridge, 8 during time periods to be defined by the New York city department of 9 transportation, by a vehicle other than: (i) an HOV; (ii) a vehicle 10 registered as a commercial vehicle pursuant to part one hundred six of 11 title fifteen of the New York codes, rules and regulations; (iii) an 12 authorized emergency vehicle; (iv) an access-a-ride vehicle as defined 13 in chapter five of title thirty-four of the rules of the city of New 14 York; or (v) a bus. 15 5. "Temporary HOV program" shall mean a temporary program that oper- 16 ates exclusively within designated HOV areas on the Williamsburg bridge 17 during periods of high-traffic volume to be determined by the New York 18 city department of transportation. Determination of such periods shall 19 be made based on factors that include, but are not limited to, empirical 20 traffic analyses conducted by such department, input from the public, 21 and guidance from appropriate government entities regarding mitigation 22 strategies. 23 (d) A certificate, sworn to or affirmed by a technician employed by 24 the city of New York, or a facsimile thereof, based upon inspection of 25 photographs, microphotographs, videotape or other recorded images 26 produced by an HOV photo device, shall be prima facie evidence of the 27 facts contained therein. Subject to paragraph three of subdivision (g) 28 of this section, any photographs, microphotographs, videotape or other 29 recorded images evidencing such a violation shall be available for 30 inspection in any proceeding to adjudicate the liability for such 31 violation pursuant to this section. 32 (e) An owner liable for a violation of an HOV restriction imposed on 33 the Williamsburg bridge in accordance with the temporary HOV program 34 shall be liable for monetary penalties in accordance with a schedule of 35 fines and penalties promulgated by the parking violations bureau of the 36 city of New York; provided, however, that the monetary penalty for 37 violating an HOV restriction shall not exceed thirty-five dollars; 38 provided, further, than an owner shall be liable for an additional 39 penalty not to exceed twenty-five dollars for each violation for the 40 failure to respond to a notice of liability within the prescribed time 41 period. All monetary penalties imposed by this section shall, within 42 the first ten days of the month next succeeding the collection of such 43 penalties, be paid by the collecting authority to the state comptroller 44 to be deposited in the outer borough transportation account of the New 45 York city transportation assistance fund established by paragraph (ii) 46 of subdivision 1 of section twelve hundred seventy-I of the public 47 authorities law. 48 (f) An imposition of liability pursuant to this section shall not be 49 deemed a conviction of an operator and shall not be made part of the 50 operating record of the person upon whom such liability is imposed, nor 51 shall it be used for insurance purposes in the provision of motor vehi- 52 cle insurance coverage. 53 (g) 1. A notice of liability shall be sent by first class mail to each 54 person alleged to be liable as an owner for a violation of the temporary 55 HOV program. Personal delivery to the owner shall not be required. AS. 8824 7 1 manual or automatic record of mailing prepared in the ordinary course of 2 business shall be prima facie evidence of the facts contained therein. 3 2. A notice of liability shall contain the name and address of the 4 person alleged to be liable as an owner for a violation of the temporary 5 HOV program, the registration number of the vehicle involved in such 6 violation, the location where such violation took place, one or more 7 images identifying the violation, the date and time of such violation 8 and the identification number of the HOV photo device which recorded the 9 violation or other document locator number. 10 3. The notice of liability shall contain information advising the 11 person charged of the manner and the time in which he or she may contest 12 the liability alleged in the notice. Such notice of liability shall also 13 contain a warning to advise the person charged that failure to contest 14 in the manner and time provided shall be deemed an admission of liabil- 15 ity and that a default judgment may be entered thereon. 16 4. The notice of liability shall be prepared and mailed by the agency 17 or agencies designated by the city of New York, or any other entity 18 authorized by such city to prepare and mail such notification of 19 violation. 20 5. Adjudication of the liability imposed upon owners by this section 21 shall be by the New York city parking violations bureau. 22 (h) If an owner of a vehicle receives a notice of liability pursuant 23 to this section for any time period during which such vehicle was 24 reported to the police department as having been stolen, it shall be a 25 valid defense to an allegation of liability for a violation of the 26 temporary HOV program that the vehicle had been reported to the police 27 as stolen prior to the time the violation occurred and had not been 28 recovered by such time. For purposes of asserting the defense provided 29 by this subdivision it shall be sufficient that a certified copy of the 30 police report on the stolen vehicle be sent by first class mail to the 31 parking violations bureau of such city. 32 (i) 1. An owner who is a lessor of a vehicle to which a notice of 33 liability was issued pursuant to subdivision (g) of this section shall 34 not be liable for the violation of the temporary HOV program, provided 35 that: 36 (i) prior to the violation, the lessor has filed with such parking 37 violations bureau in accordance with the provisions of paragraph f-one 38 of subdivision one of section two hundred thirty-nine of this chapter; 39 and 40 (ii) within thirty-seven days after receiving notice from such bureau 41 of the date and time of a liability, together with the other information 42 contained in the original notice of liability, the lessor submits to 43 such bureau the correct name and address of the lessee of the vehicle 44 identified in the notice of liability at the time of such violation, 45 together with such other additional information contained in the rental, 46 lease or other contract document, as may be reasonably required by such 47 bureau pursuant to regulations that may be promulgated for such purpose. 48 2. Failure to comply with subparagraph (ii) of paragraph one of this 49 subdivision shall render the lessor liable for the penalty prescribed in 50 this section. 51 3. Where the lessor complies with the provisions of paragraph one of 52 this subdivision, the lessee of such vehicle on the date of such 53 violation shall be deemed to be the owner of such vehicle for purposes 54 of this section, shall be subject to liability for such violation pursu- 55 ant to this section, and shall be sent a notice of liability pursuant to 56 subdivision (g) of this section.S. 8824 8 1 (j) If the owner liable for a violation of the temporary HOV program 2 was not the operator of the vehicle at the time of the violation, the 3 owner may maintain an action for indemnification against the operator. 4 (k) Nothing in this section shall be construed to limit the liability 5 of an operator of a vehicle for any violation of HOV restrictions. 6 (l) On and after the date of restoration of regular subway passenger 7 service in the Canarsie tunnel, the city of New York shall not be 8 authorized or empowered to establish or continue a temporary HOV program 9 on the Williamsburg bridge pursuant to paragraph one of subdivision (a) 10 of this section; provided that any violations issued prior to such date 11 may be adjudicated after such date. On and after the date of restoration 12 of regular subway passenger service in the Canarsie tunnel, the New York 13 city department of transportation shall not be authorized to operate HOV 14 photo devices pursuant to paragraph one of subdivision (a) of this 15 section; provided that any violations issued prior to such date may be 16 adjudicated after such date. 17 § 11. Section 1809-e of the vehicle traffic law is amended by adding a 18 new subdivision 4 to read as follows: 19 4. The provisions of this section authorizing the imposition of a 20 surcharge shall not apply to adjudications conducted in accordance with 21 section eleven hundred eleven-f of this chapter. 22 § 12. Subdivision 2 of section 87 of the public officers law is 23 amended by adding a new paragraph (p) to read as follows: 24 (p) are photographs, microphotographs, videotape or other recorded 25 images prepared under authority of section eleven hundred eleven-f of 26 the vehicle and traffic law. 27 § 13. The New York city department of transportation shall: (i) prior 28 to implementing a temporary high-occupancy vehicle (HOV) program on the 29 Williamsburg bridge as authorized by section 1111-f of the vehicle and 30 traffic law, as added by section ten of this act, and in consultation 31 with the metropolitan transportation authority, in accordance with 32 subdivision 4 of section 1268 of the public authorities law, as added by 33 section one of this act, communicate to the public, including the 34 affected communities in New York and Kings counties, the plan for HOV 35 restrictions so as to maximize awareness of such temporary HOV program; 36 (ii) for at least 40 days prior to implementing such temporary HOV 37 program, send by first class mail notice of such upcoming implementation 38 to the owner of any vehicle that is not a bus, a commercial vehicle, an 39 authorized emergency vehicle, or an access-a-ride vehicle, identified as 40 having been driven on the Williamsburg bridge with fewer than three 41 occupants during time periods defined by the New York city department of 42 transportation in accordance with the provisions of section 1111-f of 43 the vehicle and traffic law, as added by section ten of this act; and 44 (iii) take such measures as are necessary to implement such temporary 45 HOV program prior to its implementation, including promulgating any 46 rules and regulations necessary for the implementation of this act. 47 Failure to comply with the provisions of this section shall not affect 48 the validity or implementation of the temporary HOV program authorized 49 by section 1111-f of the vehicle and traffic law, as added by section 50 ten of this act. 51 § 14. (a) This act shall take effect immediately; provided, however, 52 that sections one through twelve of this act shall take effect April 1, 53 2019, and shall expire six months after the metropolitan transportation 54 authority restores regular subway passenger service in the Canarsie 55 tunnel, or April 1, 2021, whichever is earlier, when upon such date the 56 provisions of this act shall be deemed repealed; provided that the NewS. 8824 9 1 York city department of transportation shall notify the legislative bill 2 drafting commission upon the occurrence of such restoration in order 3 that the commission may maintain an accurate and timely effective data- 4 base of the official text of the laws of the state of New York in furth- 5 erance of effectuating the provisions of section 44 of the legislative 6 law and section 70-b of the public officers law. 7 (b) On and after the date the metropolitan transportation authority 8 restores regular subway passenger service in the Canarsie tunnel, or 9 April 1, 2021, whichever is earlier, the city of New York shall not be 10 authorized or empowered to establish or continue a temporary HOV program 11 on the Williamsburg bridge pursuant to paragraph 1 of subdivision (a) of 12 section 1111-f of the vehicle and traffic law, as added by section ten 13 of this act. On and after the date of restoration of regular subway 14 passenger service in the Canarsie tunnel, or April 1, 2021, whichever is 15 earlier, the New York city department of transportation shall not be 16 authorized to operate HOV photo devices pursuant to paragraph 1 of 17 subdivision (a) of section 1111-f of the vehicle and traffic law, as 18 added by section ten of this act. 19 (c) Notwithstanding the expiration and repeal of certain provisions of 20 this act, any violations issued prior to the date of restoration of 21 regular subway passenger service in the Canarsie tunnel may be adjudi- 22 cated after such date.
