STATE OF NEW YORK ________________________________________________________________________ 153 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01096-01-3
S. 153 2 1 bus to capture images of vehicles operated in violation of bus opera- 2 tion-related traffic regulations, and images produced by such device 3 shall not be used for any other purpose in the absence of a court order 4 requiring such images to be produced. 5 (c) The city of New York shall adopt and enforce measures to protect 6 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 7 tity and identifying information may be captured by a photo device 8 pursuant to this section. Such measures shall include: 9 1. utilization of necessary technologies to ensure, to the extent 10 practicable, that images produced by such photo devices shall not 11 include images that identify the driver, the passengers, or the contents 12 of a vehicle, provided, however, that no notice of liability issued 13 pursuant to this section shall be dismissed solely because an image 14 allows for the identification of the driver, the passengers or other 15 contents of a vehicle; 16 2. a prohibition on the use or dissemination of vehicles' license 17 plate information and other information and images captured by photo 18 devices except: 19 (i) as required to establish liability under this section or collect 20 payment of penalties; 21 (ii) as required by court order; 22 (iii) as required pursuant to a search warrant issued in accordance 23 with the criminal procedure law or a subpoena; or 24 (iv) as otherwise required by law. 25 3. the installation of signage that is clearly visible to drivers at 26 regular intervals along and adjacent to bus lanes stating that mobile 27 and stationary photo devices are used to enforce restrictions relating 28 to bus operation traffic restrictions including stopping, standing, 29 parking and turning movements, in conformance with standards established 30 in the MUTCD; and 31 4. oversight procedures to ensure compliance with the privacy 32 protection measures under this subdivision. 33 (d) Warning notices of violation shall be issued during the first 34 sixty days that photo devices pursuant to this section are active and in 35 operation. 36 (e) The owner of a vehicle shall be liable for a penalty imposed 37 pursuant to this section if such vehicle was used or operated with the 38 permission of the owner, express or implied, in violation of any bus 39 operation-related traffic regulations and such violation is evidenced by 40 information obtained from a photo device; provided however that no owner 41 of a vehicle shall be liable for a penalty imposed pursuant to this 42 section where the operator of such vehicle has been convicted of the 43 underlying violation of such bus operation-related traffic regulation. 44 (f) For purposes of this section the following terms shall have the 45 following meanings: 46 1. "owner" shall have the meaning provided in article two-B of this 47 chapter. 48 2. "photo device" shall mean a mobile or stationary device that is 49 capable of operating independently of an enforcement officer and produc- 50 es one or more images of each vehicle at the time it is in violation of 51 a bus operation-related traffic regulation. 52 3. "bus operation-related traffic regulations" shall mean the 53 restrictions set forth in chapter four of title thirty-four of the rules 54 of the city of New York affecting bus operations including but not 55 limited to the following: 4-08(f)(4), general no standing zones, bus 56 lanes; 4-08(c)(3), violation of posted no standing rules prohibited, bus
S. 153 3 1 stop; 4-08(f)(1), general no standing zones, double parking; 4-08(k)(2), 2 special rules for commercial vehicles, no standing except trucks loading 3 and unloading; 4-07(b)(1), obstruction of traffic, traffic lane; 4 4-08(e)(11), general no stopping zones, major roadways; 4-08(e)(4), 5 general no stopping zones, intersections; 4-08(e)(5), general no stop- 6 ping zones, crosswalks; 4-08(e)(12), general no stopping zones, 7 obstructing traffic at intersection; and 4-05, turns; and 4-07(h)(2), 8 driving on divided highways, U-turns. 9 4. "lessor" means any person, corporation, firm, partnership, agency, 10 association or organization engaged in the business of renting or leas- 11 ing vehicles to any lessee or bailee under a rental agreement, lease or 12 otherwise, wherein the said lessee or bailee has the exclusive use of 13 said vehicle for any period of time. 14 5. "lessee" means any person, corporation, firm, partnership, agency, 15 association or organization that rents, bails, leases or contracts for 16 the use of one or more vehicles and has the exclusive use thereof for 17 any period of time. 18 6. "manual on uniform traffic control devices" or "MUTCD" means the 19 manual and specifications for a uniform system of traffic control 20 devices maintained by the commissioner of transportation pursuant to 21 section sixteen hundred eighty of this chapter. 22 (g) A certificate, sworn to or affirmed by a technician employed by 23 the city of New York in which the charged violation occurred, or a 24 facsimile thereof, based upon inspection of photographs, microphoto- 25 graphs, videotape or other recorded images produced by a photo device, 26 shall be prima facie evidence of the facts contained therein. Any 27 photographs, microphotographs, videotape or other recorded images 28 evidencing such a violation shall be available for inspection in any 29 proceeding to adjudicate the liability for such violation pursuant to 30 this section. 31 (h) An owner liable for a violation under this section shall be liable 32 for monetary penalties in accordance with a schedule of fines and penal- 33 ties promulgated by the parking violations bureau of the city of New 34 York; provided, however, that the monetary penalty for violating a bus 35 operation-related traffic regulation pursuant to this section shall not 36 exceed fifty dollars for a first offense, one hundred dollars for a 37 second offense within a twelve-month period, one hundred fifty dollars 38 for a third offense within a twelve-month period, two hundred dollars 39 for a fourth offense within a twelve-month period, and two hundred fifty 40 dollars for each subsequent offense within a twelve-month period; and 41 provided, further, that an owner shall be liable for an additional 42 penalty not to exceed twenty-five dollars for each violation for the 43 failure to respond to a notice of liability within the prescribed time 44 period. 45 (i) An imposition of liability pursuant to this section shall not be 46 deemed a conviction of an operator and shall not be made part of the 47 operating record of the person upon whom such liability is imposed, nor 48 shall it be used for insurance purposes in the provision of motor vehi- 49 cle insurance coverage. 50 (j) 1. A notice of liability pursuant to this section shall be sent by 51 first class mail to each person alleged to be liable as an owner for a 52 violation under this section. Personal delivery to the owner shall not 53 be required. A manual or automatic record of mailing prepared in the 54 ordinary course of business shall be prima facie evidence of the facts 55 contained in such record of mailing.
S. 153 4 1 2. A notice of liability pursuant to this section shall contain the 2 name and address of the person alleged to be liable as an owner for a 3 violation, the registration number of the vehicle involved in such 4 violation, the location where such violation took place including the 5 street address or cross streets, one or more images identifying the 6 violation, the date and time of such violation, the identification 7 number of the photo device which recorded the violation or other docu- 8 ment locator number, and whether the device was stationary or mobile. If 9 the photo device was mobile, an identity of the vehicle containing such 10 photo device shall be included in the notice. 11 3. A notice of liability pursuant to this section shall contain infor- 12 mation advising the person charged of the manner and the time in which 13 he or she may contest the liability alleged in the notice. Such notice 14 of liability shall also contain a warning to advise the persons charged 15 that failure to contest in the manner and time provided shall be deemed 16 an admission of liability and that a default judgment may be entered 17 thereon. 18 4. A notice of liability pursuant to this section shall be prepared 19 and mailed by the agency or agencies designated by the city of New York, 20 or any other entity authorized by such city to prepare and mail such 21 notification of violation. 22 (k) Adjudication of the liability imposed upon owners by this section 23 shall be conducted by the New York city parking violations bureau. 24 (l) If an owner of a vehicle receives a notice of liability pursuant 25 to this section for any time period during which such vehicle was 26 reported to the police department as having been stolen, it shall be a 27 valid defense to an allegation of liability that the vehicle had been 28 reported to the police as stolen prior to the time the violation 29 occurred and had not been recovered by such time. For purposes of 30 asserting the defense under this subdivision, it shall be sufficient 31 that a certified copy of the police report on the stolen vehicle be sent 32 by first class mail to the parking violations bureau of the city of New 33 York. 34 (m) 1. An owner who is a lessor of a vehicle to which a notice of 35 liability was issued pursuant to this section shall not be liable for 36 the violation of a bus operation-related traffic regulation, provided 37 that: 38 (i) prior to such violation, the lessor has filed with the parking 39 violations bureau of the city of New York in accordance with the 40 provisions of section two hundred thirty-nine of this chapter; and 41 (ii) within thirty-seven days after receiving notice from the parking 42 violations bureau of the city of New York of the date and time of a 43 liability, together with the other information contained in the original 44 notice of liability, the lessor submits to such bureau the correct name 45 and address of the lessee of the vehicle identified in the notice of 46 liability at the time of such violation, together with such other addi- 47 tional information contained in the rental, lease or other contract 48 document, as may be reasonably required by such bureau pursuant to regu- 49 lations that may be promulgated for such purpose. Failure to timely 50 submit such information shall render the lessor liable for the penalty 51 prescribed in this section. 52 2. Where the lessor complies with the provisions of subparagraph (i) 53 of paragraph one of this subdivision, the lessee of such vehicle on the 54 date of such violation shall be deemed to be the owner of such vehicle 55 for purposes of this section, shall be subject to liability for such
S. 153 5 1 violation pursuant to this section and shall be sent a notice of liabil- 2 ity pursuant to subdivision (j) of this section. 3 (n) If the owner liable for a violation under this section was not the 4 operator of the vehicle at the time of such violation, such owner may 5 maintain an action for indemnification against the operator of the vehi- 6 cle at the time of such violation. 7 (o) Nothing in this section shall be construed to limit the liability 8 of an operator of a vehicle for any violation of a bus operation-related 9 traffic regulation. 10 (p) The city of New York and the applicable mass transit agency shall 11 submit a report on the results of the use of photo devices pursuant to 12 this section to the governor, the temporary president of the senate, and 13 the speaker of the assembly by April first, within twelve months of 14 operation of such photo devices and every two years thereafter. Such 15 report shall include, but not be limited to: 16 1. a description of the locations and/or buses where photo devices 17 were used under this section; 18 2. the total number of violations under this section recorded on a 19 monthly and annual basis; 20 3. the total number of notices of liability issued under this section; 21 4. the number of fines and total amount of fines paid after the first 22 notice of liability under this section; 23 5. the number of violations under this section adjudicated and results 24 of such adjudications including breakdowns of dispositions made; 25 6. the total amount of revenue realized by the city of New York and 26 any participating mass transit agency under this section; 27 7. the quality of the adjudication process under this section and its 28 results; 29 8. the total number of cameras by type of camera used under this 30 section; and 31 9. the total cost to the city of New York and the total cost to any 32 participating mass transit agency under this section. 33 (q) Any revenue from fines and penalties collected pursuant to this 34 section from mobile bus photo devices shall be remitted by the city of 35 New York to the applicable mass transit agency on a quarterly basis to 36 be deposited in the general transportation account of the New York city 37 transportation assistance fund established pursuant to section twelve 38 hundred seventy-i of the public authorities law. 39 § 2. The opening paragraph of section 14 of part II of chapter 59 of 40 the laws of 2010, amending the vehicle and traffic law and the public 41 officers law relating to establishing a bus rapid transit demonstration 42 program to restrict the use of bus lanes by means of bus lane photo 43 devices, as amended by section 2 of part D of chapter 39 of the laws of 44 2019, is amended to read as follows: 45 This act shall take effect on the ninetieth day after it shall have 46 become a law [and shall expire 15 years after such effective date when 47 upon such date the provisions of this act shall be deemed repealed]; and 48 provided that any rules and regulations related to this act shall be 49 promulgated on or before such effective date, provided that: 50 § 3. Subdivision 1 of section 235 of the vehicle and traffic law, as 51 separately added by chapters 421, 460 and 773 of the laws of 2021, para- 52 graph (h) as added by chapter 421 of the laws of 2021 and as relettered 53 by chapter 258 of the laws of 2022, is amended to read as follows: 54 1. Notwithstanding any inconsistent provision of any general, special 55 or local law or administrative code to the contrary, in any city which 56 heretofore or hereafter is authorized to establish an administrative
S. 153 6 1 tribunal: (a) to hear and determine complaints of traffic infractions 2 constituting parking, standing or stopping violations, or (b) to adjudi- 3 cate the liability of owners for violations of subdivision (d) of 4 section eleven hundred eleven of this chapter imposed pursuant to a 5 local law or ordinance imposing monetary liability on the owner of a 6 vehicle for failure of an operator thereof to comply with traffic-con- 7 trol indications through the installation and operation of traffic-con- 8 trol signal photo violation-monitoring systems, in accordance with arti- 9 cle twenty-four of this chapter, or (c) to adjudicate the liability of 10 owners for violations of subdivision (b), (c), (d), (f) or (g) of 11 section eleven hundred eighty of this chapter imposed pursuant to a 12 demonstration program imposing monetary liability on the owner of a 13 vehicle for failure of an operator thereof to comply with such posted 14 maximum speed limits through the installation and operation of photo 15 speed violation monitoring systems, in accordance with article thirty of 16 this chapter, or (d) to adjudicate the liability of owners for 17 violations of bus lane restrictions as defined by article twenty-four of 18 this chapter imposed pursuant to a bus rapid transit program imposing 19 monetary liability on the owner of a vehicle for failure of an operator 20 thereof to comply with such bus lane restrictions through the installa- 21 tion and operation of bus lane photo devices, in accordance with article 22 twenty-four of this chapter, or (e) to adjudicate the liability of 23 owners for violations of toll collection regulations imposed by certain 24 public authorities pursuant to the law authorizing such public authori- 25 ties to impose monetary liability on the owner of a vehicle for failure 26 of an operator thereof to comply with toll collection regulations of 27 such public authorities through the installation and operation of 28 photo-monitoring systems, in accordance with the provisions of section 29 two thousand nine hundred eighty-five of the public authorities law and 30 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 31 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate 32 the liability of owners for violations of section eleven hundred seven- 33 ty-four of this chapter when meeting a school bus marked and equipped as 34 provided in subdivisions twenty and twenty-one-c of section three 35 hundred seventy-five of this chapter imposed pursuant to a local law or 36 ordinance imposing monetary liability on the owner of a vehicle for 37 failure of an operator thereof to comply with school bus red visual 38 signals through the installation and operation of school bus photo 39 violation monitoring systems, in accordance with article twenty-nine of 40 this chapter, or (g) to adjudicate the liability of owners for 41 violations of section three hundred eighty-five of this chapter and the 42 rules of the department of transportation of the city of New York in 43 relation to gross vehicle weight and/or axle weight violations imposed 44 pursuant to a weigh in motion demonstration program imposing monetary 45 liability on the owner of a vehicle for failure of an operator thereof 46 to comply with such gross vehicle weight and/or axle weight restrictions 47 through the installation and operation of weigh in motion violation 48 monitoring systems, in accordance with article ten of this chapter, or 49 (h) to adjudicate the liability of owners for violations of subdivision 50 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter 51 imposed pursuant to a demonstration program imposing monetary liability 52 on the owner of a vehicle for failure of an operator thereof to comply 53 with such posted maximum speed limits within a highway construction or 54 maintenance work area through the installation and operation of photo 55 speed violation monitoring systems, in accordance with article thirty of 56 this chapter, or (i) to adjudicate the liability of owners for any other
S. 153 7 1 violation of a bus operation-related traffic regulation, in accordance 2 with article twenty-four of this chapter, such tribunal and the rules 3 and regulations pertaining thereto shall be constituted in substantial 4 conformance with the following sections. 5 § 4. This act shall take effect immediately; provided that section one 6 of this act shall take effect one year after it shall have become a law. 7 Effective immediately, the addition, amendment and/or repeal of any rule 8 or regulation necessary for the implementation of this act on its effec- 9 tive date are authorized to be made and completed on or before such 10 effective date.