STATE OF NEW YORK ________________________________________________________________________ 2610 2023-2024 Regular Sessions IN ASSEMBLY January 26, 2023 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to owner liability for failure of operator to comply with bus operation-related local law or regulation traffic restrictions and to the adjudication of certain parking infractions; and 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 demon- stration program to restrict the use of bus lanes by means of bus lane photo devices, 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. The vehicle and traffic law is amended by adding a new 2 section 1111-c-1 to read as follows: 3 § 1111-c-1. Owner liability for failure of operator to comply with bus 4 operation-related traffic regulations. (a) Notwithstanding any other 5 provision of law, in accordance with the provisions of this section, the 6 city of New York is hereby authorized and empowered to impose monetary 7 liability on the owner of a vehicle for failure of an operator thereof 8 to comply with bus operation-related traffic regulations. The department 9 of transportation of the city of New York and/or an applicable mass 10 transit agency, shall operate photo devices that may be stationary or 11 mobile and shall be activated at locations determined by such department 12 of transportation and/or on buses selected by the applicable mass trans- 13 it agency. 14 (b) Any image or images captured by photo devices shall be inadmissi- 15 ble in any disciplinary proceeding convened by the applicable mass tran- 16 sit agency or any subsidiary thereof and any proceeding initiated by the 17 department involving licensure privileges of bus operators. Any mobile 18 bus photo device mounted on a bus shall be directed outwardly from such 19 bus to capture images of vehicles operated in violation of bus opera- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01096-01-3
A. 2610 2 1 tion-related traffic regulations, and images produced by such device 2 shall not be used for any other purpose in the absence of a court order 3 requiring such images to be produced. 4 (c) The city of New York shall adopt and enforce measures to protect 5 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 6 tity and identifying information may be captured by a photo device 7 pursuant to this section. Such measures shall include: 8 1. utilization of necessary technologies to ensure, to the extent 9 practicable, that images produced by such photo devices shall not 10 include images that identify the driver, the passengers, or the contents 11 of a vehicle, provided, however, that no notice of liability issued 12 pursuant to this section shall be dismissed solely because an image 13 allows for the identification of the driver, the passengers or other 14 contents of a vehicle; 15 2. a prohibition on the use or dissemination of vehicles' license 16 plate information and other information and images captured by photo 17 devices except: 18 (i) as required to establish liability under this section or collect 19 payment of penalties; 20 (ii) as required by court order; 21 (iii) as required pursuant to a search warrant issued in accordance 22 with the criminal procedure law or a subpoena; or 23 (iv) as otherwise required by law. 24 3. the installation of signage that is clearly visible to drivers at 25 regular intervals along and adjacent to bus lanes stating that mobile 26 and stationary photo devices are used to enforce restrictions relating 27 to bus operation traffic restrictions including stopping, standing, 28 parking and turning movements, in conformance with standards established 29 in the MUTCD; and 30 4. oversight procedures to ensure compliance with the privacy 31 protection measures under this subdivision. 32 (d) Warning notices of violation shall be issued during the first 33 sixty days that photo devices pursuant to this section are active and in 34 operation. 35 (e) The owner of a vehicle shall be liable for a penalty imposed 36 pursuant to this section if such vehicle was used or operated with the 37 permission of the owner, express or implied, in violation of any bus 38 operation-related traffic regulations and such violation is evidenced by 39 information obtained from a photo device; provided however that no owner 40 of a vehicle shall be liable for a penalty imposed pursuant to this 41 section where the operator of such vehicle has been convicted of the 42 underlying violation of such bus operation-related traffic regulation. 43 (f) For purposes of this section the following terms shall have the 44 following meanings: 45 1. "owner" shall have the meaning provided in article two-B of this 46 chapter. 47 2. "photo device" shall mean a mobile or stationary device that is 48 capable of operating independently of an enforcement officer and produc- 49 es one or more images of each vehicle at the time it is in violation of 50 a bus operation-related traffic regulation. 51 3. "bus operation-related traffic regulations" shall mean the 52 restrictions set forth in chapter four of title thirty-four of the rules 53 of the city of New York affecting bus operations including but not 54 limited to the following: 4-08(f)(4), general no standing zones, bus 55 lanes; 4-08(c)(3), violation of posted no standing rules prohibited, bus 56 stop; 4-08(f)(1), general no standing zones, double parking; 4-08(k)(2),
A. 2610 3 1 special rules for commercial vehicles, no standing except trucks loading 2 and unloading; 4-07(b)(1), obstruction of traffic, traffic lane; 3 4-08(e)(11), general no stopping zones, major roadways; 4-08(e)(4), 4 general no stopping zones, intersections; 4-08(e)(5), general no stop- 5 ping zones, crosswalks; 4-08(e)(12), general no stopping zones, 6 obstructing traffic at intersection; and 4-05, turns; and 4-07(h)(2), 7 driving on divided highways, U-turns. 8 4. "lessor" means any person, corporation, firm, partnership, agency, 9 association or organization engaged in the business of renting or leas- 10 ing vehicles to any lessee or bailee under a rental agreement, lease or 11 otherwise, wherein the said lessee or bailee has the exclusive use of 12 said vehicle for any period of time. 13 5. "lessee" means any person, corporation, firm, partnership, agency, 14 association or organization that rents, bails, leases or contracts for 15 the use of one or more vehicles and has the exclusive use thereof for 16 any period of time. 17 6. "manual on uniform traffic control devices" or "MUTCD" means the 18 manual and specifications for a uniform system of traffic control 19 devices maintained by the commissioner of transportation pursuant to 20 section sixteen hundred eighty of this chapter. 21 (g) A certificate, sworn to or affirmed by a technician employed by 22 the city of New York in which the charged violation occurred, or a 23 facsimile thereof, based upon inspection of photographs, microphoto- 24 graphs, videotape or other recorded images produced by a photo device, 25 shall be prima facie evidence of the facts contained therein. Any 26 photographs, microphotographs, videotape or other recorded images 27 evidencing such a violation shall be available for inspection in any 28 proceeding to adjudicate the liability for such violation pursuant to 29 this section. 30 (h) An owner liable for a violation under this section shall be liable 31 for monetary penalties in accordance with a schedule of fines and penal- 32 ties promulgated by the parking violations bureau of the city of New 33 York; provided, however, that the monetary penalty for violating a bus 34 operation-related traffic regulation pursuant to this section shall not 35 exceed fifty dollars for a first offense, one hundred dollars for a 36 second offense within a twelve-month period, one hundred fifty dollars 37 for a third offense within a twelve-month period, two hundred dollars 38 for a fourth offense within a twelve-month period, and two hundred fifty 39 dollars for each subsequent offense within a twelve-month period; and 40 provided, further, that an owner shall be liable for an additional 41 penalty not to exceed twenty-five dollars for each violation for the 42 failure to respond to a notice of liability within the prescribed time 43 period. 44 (i) An imposition of liability pursuant to this section shall not be 45 deemed a conviction of an operator and shall not be made part of the 46 operating record of the person upon whom such liability is imposed, nor 47 shall it be used for insurance purposes in the provision of motor vehi- 48 cle insurance coverage. 49 (j) 1. A notice of liability pursuant to this section shall be sent by 50 first class mail to each person alleged to be liable as an owner for a 51 violation under this section. Personal delivery to the owner shall not 52 be required. A manual or automatic record of mailing prepared in the 53 ordinary course of business shall be prima facie evidence of the facts 54 contained in such record of mailing. 55 2. A notice of liability pursuant to this section shall contain the 56 name and address of the person alleged to be liable as an owner for a
A. 2610 4 1 violation, the registration number of the vehicle involved in such 2 violation, the location where such violation took place including the 3 street address or cross streets, one or more images identifying the 4 violation, the date and time of such violation, the identification 5 number of the photo device which recorded the violation or other docu- 6 ment locator number, and whether the device was stationary or mobile. If 7 the photo device was mobile, an identity of the vehicle containing such 8 photo device shall be included in the notice. 9 3. A notice of liability pursuant to this section shall contain infor- 10 mation advising the person charged of the manner and the time in which 11 he or she may contest the liability alleged in the notice. Such notice 12 of liability shall also contain a warning to advise the persons charged 13 that failure to contest in the manner and time provided shall be deemed 14 an admission of liability and that a default judgment may be entered 15 thereon. 16 4. A notice of liability pursuant to this section shall be prepared 17 and mailed by the agency or agencies designated by the city of New York, 18 or any other entity authorized by such city to prepare and mail such 19 notification of violation. 20 (k) Adjudication of the liability imposed upon owners by this section 21 shall be conducted by the New York city parking violations bureau. 22 (l) 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 that the vehicle had been 26 reported to the police as stolen prior to the time the violation 27 occurred and had not been recovered by such time. For purposes of 28 asserting the defense under this subdivision, it shall be sufficient 29 that a certified copy of the police report on the stolen vehicle be sent 30 by first class mail to the parking violations bureau of the city of New 31 York. 32 (m) 1. An owner who is a lessor of a vehicle to which a notice of 33 liability was issued pursuant to this section shall not be liable for 34 the violation of a bus operation-related traffic regulation, provided 35 that: 36 (i) prior to such violation, the lessor has filed with the parking 37 violations bureau of the city of New York in accordance with the 38 provisions of section two hundred thirty-nine of this chapter; and 39 (ii) within thirty-seven days after receiving notice from the parking 40 violations bureau of the city of New York of the date and time of a 41 liability, together with the other information contained in the original 42 notice of liability, the lessor submits to such bureau the correct name 43 and address of the lessee of the vehicle identified in the notice of 44 liability at the time of such violation, together with such other addi- 45 tional information contained in the rental, lease or other contract 46 document, as may be reasonably required by such bureau pursuant to regu- 47 lations that may be promulgated for such purpose. Failure to timely 48 submit such information shall render the lessor liable for the penalty 49 prescribed in this section. 50 2. Where the lessor complies with the provisions of subparagraph (i) 51 of paragraph one of this subdivision, the lessee of such vehicle on the 52 date of such violation shall be deemed to be the owner of such vehicle 53 for purposes of this section, shall be subject to liability for such 54 violation pursuant to this section and shall be sent a notice of liabil- 55 ity pursuant to subdivision (j) of this section.
A. 2610 5 1 (n) If the owner liable for a violation under this section was not the 2 operator of the vehicle at the time of such violation, such owner may 3 maintain an action for indemnification against the operator of the vehi- 4 cle at the time of such violation. 5 (o) Nothing in this section shall be construed to limit the liability 6 of an operator of a vehicle for any violation of a bus operation-related 7 traffic regulation. 8 (p) The city of New York and the applicable mass transit agency shall 9 submit a report on the results of the use of photo devices pursuant to 10 this section to the governor, the temporary president of the senate, and 11 the speaker of the assembly by April first, within twelve months of 12 operation of such photo devices and every two years thereafter. Such 13 report shall include, but not be limited to: 14 1. a description of the locations and/or buses where photo devices 15 were used under this section; 16 2. the total number of violations under this section recorded on a 17 monthly and annual basis; 18 3. the total number of notices of liability issued under this section; 19 4. the number of fines and total amount of fines paid after the first 20 notice of liability under this section; 21 5. the number of violations under this section adjudicated and results 22 of such adjudications including breakdowns of dispositions made; 23 6. the total amount of revenue realized by the city of New York and 24 any participating mass transit agency under this section; 25 7. the quality of the adjudication process under this section and its 26 results; 27 8. the total number of cameras by type of camera used under this 28 section; and 29 9. the total cost to the city of New York and the total cost to any 30 participating mass transit agency under this section. 31 (q) Any revenue from fines and penalties collected pursuant to this 32 section from mobile bus photo devices shall be remitted by the city of 33 New York to the applicable mass transit agency on a quarterly basis to 34 be deposited in the general transportation account of the New York city 35 transportation assistance fund established pursuant to section twelve 36 hundred seventy-i of the public authorities law. 37 § 2. The opening paragraph of section 14 of part II of chapter 59 of 38 the laws of 2010, amending the vehicle and traffic law and the public 39 officers law relating to establishing a bus rapid transit demonstration 40 program to restrict the use of bus lanes by means of bus lane photo 41 devices, as amended by section 2 of part D of chapter 39 of the laws of 42 2019, is amended to read as follows: 43 This act shall take effect on the ninetieth day after it shall have 44 become a law [and shall expire 15 years after such effective date when 45 upon such date the provisions of this act shall be deemed repealed]; and 46 provided that any rules and regulations related to this act shall be 47 promulgated on or before such effective date, provided that: 48 § 3. Subdivision 1 of section 235 of the vehicle and traffic law, as 49 separately added by chapters 421, 460 and 773 of the laws of 2021, para- 50 graph (h) as added by chapter 421 of the laws of 2021 and as relettered 51 by chapter 258 of the laws of 2022, is amended to read as follows: 52 1. Notwithstanding any inconsistent provision of any general, special 53 or local law or administrative code to the contrary, in any city which 54 heretofore or hereafter is authorized to establish an administrative 55 tribunal: (a) to hear and determine complaints of traffic infractions 56 constituting parking, standing or stopping violations, or (b) to adjudi-
A. 2610 6 1 cate the liability of owners for violations of subdivision (d) of 2 section eleven hundred eleven of this chapter imposed pursuant to a 3 local law or ordinance imposing monetary liability on the owner of a 4 vehicle for failure of an operator thereof to comply with traffic-con- 5 trol indications through the installation and operation of traffic-con- 6 trol signal photo violation-monitoring systems, in accordance with arti- 7 cle twenty-four of this chapter, or (c) to adjudicate the liability of 8 owners for violations of subdivision (b), (c), (d), (f) or (g) of 9 section eleven hundred eighty of this chapter imposed pursuant to a 10 demonstration program imposing monetary liability on the owner of a 11 vehicle for failure of an operator thereof to comply with such posted 12 maximum speed limits through the installation and operation of photo 13 speed violation monitoring systems, in accordance with article thirty of 14 this chapter, or (d) to adjudicate the liability of owners for 15 violations of bus lane restrictions as defined by article twenty-four of 16 this chapter imposed pursuant to a bus rapid transit program imposing 17 monetary liability on the owner of a vehicle for failure of an operator 18 thereof to comply with such bus lane restrictions through the installa- 19 tion and operation of bus lane photo devices, in accordance with article 20 twenty-four of this chapter, or (e) to adjudicate the liability of 21 owners for violations of toll collection regulations imposed by certain 22 public authorities pursuant to the law authorizing such public authori- 23 ties to impose monetary liability on the owner of a vehicle for failure 24 of an operator thereof to comply with toll collection regulations of 25 such public authorities through the installation and operation of 26 photo-monitoring systems, in accordance with the provisions of section 27 two thousand nine hundred eighty-five of the public authorities law and 28 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 29 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 30 the liability of owners for violations of section eleven hundred seven- 31 ty-four of this chapter when meeting a school bus marked and equipped as 32 provided in subdivisions twenty and twenty-one-c of section three 33 hundred seventy-five of this chapter imposed pursuant to a local law or 34 ordinance imposing monetary liability on the owner of a vehicle for 35 failure of an operator thereof to comply with school bus red visual 36 signals through the installation and operation of school bus photo 37 violation monitoring systems, in accordance with article twenty-nine of 38 this chapter, or (g) to adjudicate the liability of owners for 39 violations of section three hundred eighty-five of this chapter and the 40 rules of the department of transportation of the city of New York in 41 relation to gross vehicle weight and/or axle weight violations imposed 42 pursuant to a weigh in motion demonstration program imposing monetary 43 liability on the owner of a vehicle for failure of an operator thereof 44 to comply with such gross vehicle weight and/or axle weight restrictions 45 through the installation and operation of weigh in motion violation 46 monitoring systems, in accordance with article ten of this chapter, or 47 (h) to adjudicate the liability of owners for violations of subdivision 48 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 49 imposed pursuant to a demonstration program imposing monetary liability 50 on the owner of a vehicle for failure of an operator thereof to comply 51 with such posted maximum speed limits within a highway construction or 52 maintenance work area through the installation and operation of photo 53 speed violation monitoring systems, in accordance with article thirty of 54 this chapter, or (i) to adjudicate the liability of owners for any other 55 violation of a bus operation-related traffic regulation, in accordance 56 with article twenty-four of this chapter, such tribunal and the rules
A. 2610 7 1 and regulations pertaining thereto shall be constituted in substantial 2 conformance with the following sections. 3 § 4. This act shall take effect immediately; provided that section one 4 of this act shall take effect one year after it shall have become a law. 5 Effective immediately, the addition, amendment and/or repeal of any rule 6 or regulation necessary for the implementation of this act on its effec- 7 tive date are authorized to be made and completed on or before such 8 effective date.