2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 24 - (1110 - 1117) TRAFFIC SIGNS, SIGNALS AND MARKINGS
1111-C - Owner liability for failure of operator to comply with bus lane restrictions.


NY Veh & Traf L § 1111-C (2012) What's This?
 
    * § 1111-c. Owner liability for failure of operator to comply with bus
  lane  restrictions.  (a)  1. Notwithstanding any other provision of law,
  the city of New York is hereby authorized and empowered to  establish  a
  bus  rapid  transit demonstration program imposing monetary liability on
  the owner of a vehicle for failure of an operator thereof to comply with
  bus lane restrictions in such city in accordance with the provisions  of
  this  section.  The  New  York  city  department  of  transportation  or
  applicable mass transit agency, for purposes of  the  implementation  of
  such  program, shall operate bus lane photo devices only within such bus
  rapid transit demonstration program and on select bus service  lanes  in
  such  city.  Such bus lane photo devices may be stationary or mobile and
  shall be  activated  at  locations  determined  by  such  department  of
  transportation   and/or   on   buses  selected  by  such  department  of
  transportation in consultation with the applicable mass transit agency.
    2. Any image or images captured by bus lane  photo  devices  shall  be
  inadmissible  in  any disciplinary proceeding convened by the applicable
  mass transit  agency  or  any  subsidiary  thereof  and  any  proceeding
  initiated  by  the  department  involving  licensure  privileges  of bus
  operators. Any mobile bus lane photo device mounted on a  bus  shall  be
  directed  outwardly from such bus to capture images of vehicles operated
  in violation of bus lane  restrictions,  and  images  produced  by  such
  device shall not be used for any other purpose in the absence of a court
  order requiring such images to be produced.
    3.  The  city  of New York shall adopt and enforce measures to protect
  the privacy of  drivers,  passengers,  pedestrians  and  cyclists  whose
  identity and identifying information may be captured by a bus lane photo
  device.  Such measures shall include:
    (i)  utilization  of  necessary  technologies to ensure, to the extent
  practicable, that images produced by such bus lane photo  devices  shall
  not  include  images  that  identify  the driver, the passengers, or the
  contents of the vehicle, provided, however, that no notice of  liability
  issued  pursuant  to  this  section shall be dismissed solely because an
  image allows for the identification of the  driver,  the  passengers  or
  other contents of a vehicle;
    (ii)  a  prohibition  on the use or dissemination of vehicles' license
  plate information and other information and images captured by bus  lane
  photo  devices except: (A) as required to establish liability under this
  section or collect payment of penalties; (B) as required by court order;
  or (C) as otherwise required by law;
    (iii)  the  installation  of  signage  at  regular  intervals   within
  restricted  bus  lanes  stating  that bus lane photo devices are used to
  enforce restrictions on vehicular traffic in bus lanes; and
    (iv) oversight procedures to ensure compliance with the aforementioned
  privacy protection measures.
    4. Within the city of New York, such bus lane photo devices shall only
  be operated on designated bus lanes that are select  bus  service  lanes
  within  the  bus  rapid  transit  demonstration  program and only during
  weekdays from 7:00 a.m. to 7:00 p.m.
    (b) If the city of New  York  has  established  a  bus  rapid  transit
  demonstration  program  pursuant to subdivision (a) of this section, the
  owner of a vehicle shall be liable for a  penalty  imposed  pursuant  to
  this section if such vehicle was used or operated with the permission of
  the owner, express or implied, in violation of any bus lane restrictions
  that  apply  to  routes  within  such  demonstration  program,  and such
  violation is evidenced by information obtained from  a  bus  lane  photo
  device;  provided however that no owner of a vehicle shall be liable for
  a penalty imposed pursuant to this section where the  operator  of  such

  vehicle  has  been convicted of the underlying violation of any bus lane
  restrictions.
    (c)  For  purposes of this section, the following terms shall have the
  following meanings:
    1. "owner" shall have the meaning provided in article  two-B  of  this
  chapter.
    2.  "bus  lane  photo  device"  shall mean a device that is capable of
  operating independently of an enforcement officer and  produces  one  or
  more  images  of each vehicle at the time it is in violation of bus lane
  restrictions.
    3. "bus lane restrictions" shall  mean  restrictions  on  the  use  of
  designated  traffic lanes by vehicles other than buses imposed on routes
  within a bus rapid transit demonstration program by local law and  signs
  erected  by  the department of transportation of a city that establishes
  such a demonstration program pursuant to this section.
    4. "Bus Rapid Transit Phase I plan" shall mean the following five  bus
  rapid  transit  routes  as designated by the New York city department of
  transportation: Fordham  Road,  First/Second  Avenue,  Nostrand  Avenue,
  Thirty-Fourth  Street, Hylan Boulevard, and an undesignated route in the
  borough of Queens not to exceed ten miles. For purposes of  the  Fordham
  Road  and  First/Second  Avenue  routes, the authorization of this pilot
  program is limited to the designated bus lanes as mapped and  posted  on
  the  official  metropolitan  transportation authority website as of June
  seventeenth, two thousand ten. Such designated bus lanes  shall  not  be
  extended,  shifted  to  another  roadway  or  altered  in any other way.
  Provided,  however,  that  nothing  shall  prohibit  the  alteration  or
  addition of any bus stops within such mapped routes.
    5.  "select  bus  service  lane" shall mean a designated bus lane that
  includes upgraded signage, enhanced road markings, and minimum bus  stop
  spacing, and may include off-board fare payment, traffic signal priority
  for  buses,  and  any  other  enhancement  that  increases  bus speed or
  reliability within the "Bus Rapid Transit Phase I" plan.
    6. "bus rapid  transit  demonstration  program"  shall  mean  a  pilot
  program that operates exclusively on select bus service lanes within the
  "Bus  Rapid  Transit  Phase  I" plan pursuant to this section. Provided,
  however, to utilize a bus lane photo device pursuant  to  this  program,
  the  roadway,  except  for the 34th Street and Nostrand Avenue bus rapid
  transit routes, must have at least two lanes  of  traffic  in  the  same
  direction in addition to the select bus service lane.
    7. "designated bus lane" shall mean a lane dedicated for the exclusive
  use of buses with the exceptions allowed under 4-12(m) and 4-08(a)(3) of
  title 34 of the rules of the city of New York.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city in  which  the  charged  violation  occurred,  or  a  facsimile
  thereof,   based   upon  inspection  of  photographs,  microphotographs,
  videotape or other recorded images produced by a bus lane photo  device,
  shall  be  prima  facie  evidence  of  the  facts contained therein. Any
  photographs,  microphotographs,  videotape  or  other  recorded   images
  evidencing  such  a  violation  shall be available for inspection in any
  proceeding to adjudicate the liability for such  violation  pursuant  to
  this section.
    (e)  An owner liable for a violation of a bus lane restriction imposed
  on any route within a bus rapid transit demonstration program  shall  be
  liable for monetary penalties in accordance with a schedule of fines and
  penalties  promulgated  by  the parking violations bureau of the city of
  New York; provided, however, that the monetary penalty for  violating  a
  bus  lane  restriction  shall  not  exceed  one hundred fifteen dollars;
  provided, further, that an owner  shall  be  liable  for  an  additional

  penalty  not  to  exceed  twenty-five dollars for each violation for the
  failure to respond to a notice of liability within the  prescribed  time
  period.
    (f)  An  imposition of liability pursuant to this section shall not be
  deemed a conviction of an operator and shall not be  made  part  of  the
  operating  record of the person upon whom such liability is imposed, nor
  shall it be used for  insurance  purposes  in  the  provision  of  motor
  vehicle insurance coverage.
    (g) 1. A notice of liability shall be sent by first class mail to each
  person  alleged  to  be liable as an owner for a violation of a bus lane
  restriction. Personal delivery to the owner shall  not  be  required.  A
  manual or automatic record of mailing prepared in the ordinary course of
  business shall be prima facie evidence of the facts contained therein.
    2.  A  notice  of  liability shall contain the name and address of the
  person alleged to be liable as an owner for a violation of  a  bus  lane
  restriction,  the  registration  number  of the vehicle involved in such
  violation, the location where such violation took  place  including  the
  street  address  or  cross  streets,  one or more images identifying the
  violation, the date and time of such violation  and  the  identification
  number  of  the  bus  lane  photo device which recorded the violation or
  other document locator number.
    3. The notice of liability  shall  contain  information  advising  the
  person charged of the manner and the time in which he or she may contest
  the liability alleged in the notice. Such notice of liability shall also
  contain  a warning to advise the persons charged that failure to contest
  in the manner  and  time  provided  shall  be  deemed  an  admission  of
  liability and that a default judgment may be entered thereon.
    4.  The notice of liability shall be prepared and mailed by the agency
  or agencies designated by the city of New  York,  or  any  other  entity
  authorized  by  such  city  to  prepare  and  mail  such notification of
  violation.
    5. Adjudication of the liability imposed upon owners by  this  section
  shall be by the New York city parking violations bureau.
    (h)  If  an owner of a vehicle receives a notice of liability pursuant
  to this section for any  time  period  during  which  such  vehicle  was
  reported  to  the police department as having been stolen, it shall be a
  valid defense to an allegation of liability for a  violation  of  a  bus
  lane  restriction  that  the  vehicle had been reported to the police as
  stolen prior to the  time  the  violation  occurred  and  had  not  been
  recovered  by  such time. For purposes of asserting the defense provided
  by this subdivision it shall be sufficient that a certified copy of  the
  police  report  on the stolen vehicle be sent by first class mail to the
  parking violations bureau of such city.
    (i) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of
  liability  was  issued pursuant to subdivision (g) of this section shall
  not be liable for the violation of  a  bus  lane  restriction,  provided
  that:
    (i)  prior  to  the  violation, the lessor has filed with such parking
  violations bureau in accordance  with  the  provisions  of  section  two
  hundred thirty-nine of this chapter; and
    (ii)  within thirty-seven days after receiving notice from such bureau
  of the date and time of a liability, together with the other information
  contained in the original notice of liability,  the  lessor  submits  to
  such  bureau  the  correct name and address of the lessee of the vehicle
  identified in the notice of liability at the  time  of  such  violation,
  together with such other additional information contained in the rental,
  lease  or other contract document, as may be reasonably required by such
  bureau pursuant to regulations that may be promulgated for such purpose.

    2. Failure to comply with subparagraph (ii) of paragraph one  of  this
  subdivision shall render the lessor liable for the penalty prescribed in
  this section.
    3.  Where  the lessor complies with the provisions of paragraph one of
  this subdivision, the lessee  of  such  vehicle  on  the  date  of  such
  violation  shall  be deemed to be the owner of such vehicle for purposes
  of this section, shall  be  subject  to  liability  for  such  violation
  pursuant  to  this  section  and  shall  be  sent  a notice of liability
  pursuant to subdivision (g) of this section.
    (j) If the owner liable for a violation of a bus lane restriction  was
  not  the operator of the vehicle at the time of the violation, the owner
  may maintain an action for indemnification against the operator.
    (k) Nothing in this section shall be construed to limit the  liability
  of an operator of a vehicle for any violation of bus lane restrictions.
    (l)  If  the city of New York adopts a bus rapid transit demonstration
  program pursuant to subdivision (a) of this section it  shall  submit  a
  report  on  the  results  of  the  use  of bus lane photo devices to the
  governor, the temporary president of the senate and the speaker  of  the
  assembly  by  April  first,  two  thousand  twelve  and  every two years
  thereafter. Such report shall include, but not be limited to:
    1. a description of the locations and/or buses where  bus  lane  photo
  devices were used;
    2.  the  total  number  of violations recorded on a monthly and annual
  basis;
    3. the total number of notices of liability issued;
    4. the number of fines and total amount of fines paid after the  first
  notice of liability;
    5.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of dispositions made;
    6. the  total  amount  of  revenue  realized  by  such  city  and  any
  participating mass transit agency;
    7. the quality of the adjudication process and its results;
    8. the total number of cameras by type of camera;
    9.  the total cost to the city and the total cost to any participating
  mass transit agency; and
    10. a detailed report on the bus speeds,  reliability,  and  ridership
  before  and  after implementation of the bus rapid transit demonstration
  program for each bus route, including current statistics.
    * NB Repealed September 20, 2015

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