S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3190

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the public authorities law, the vehicle and traffic  law
  and  the  public  officers  law,  in relation to bus lane restrictions
  enforcement by photo devices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 3 of section 1209-a of the public authorities
law, as amended by chapter 379 of the laws of 1992, is amended  to  read
as follows:
  3.  Jurisdiction. The bureau shall have, with respect to acts or inci-
dents in or on the transit facilities of the authority committed  by  or
involving persons who are sixteen years of age or over, VIOLATION OF BUS
LANE  RESTRICTIONS  ENFORCED BY PHOTO DEVICES IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THE  VEHICLE  AND  TRAFFIC  LAW,  NOTICES  OF
VIOLATION  OF  BUS  LANE  RESTRICTIONS  ISSUED  BY  AUTHORIZED AUTHORITY
EMPLOYEES IN ACCORDANCE WITH SECTION TWO  HUNDRED  THIRTY-EIGHT  OF  THE
VEHICLE  AND  TRAFFIC  LAW,  and  with  respect  to  violation  of  toll
collection regulations of the triborough bridge and tunnel authority  as
described in section two thousand nine hundred eighty-five of this chap-
ter,  non-exclusive jurisdiction over violations of: (a) the rules which
may from time to time be established by the authority under  subdivision
five-a of section twelve hundred four of this [chapter] TITLE; (b) arti-
cle  one hundred thirty-nine of the health code of the city of New York,
as it may be amended from time to time, relating to  public  transporta-
tion facilities; [and] (c) article four of the noise control code of the
city  of New York, as it may be amended from time to time, insofar as it
pertains to sound reproduction devices; [and] (d) the  rules  and  regu-
lations  which  may  from  time to time be established by the triborough
bridge and tunnel authority in accordance with the provisions of section
two thousand nine hundred eighty-five of  this  chapter;  (E)  BUS  LANE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05519-02-3
              

A. 3190                             2

RESTRICTIONS ENFORCED BY PHOTO DEVICES IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED  ELEVEN-D  OF  THE  VEHICLE  AND  TRAFFIC  LAW; AND (F) BUS LANE
RESTRICTIONS FOR NOTICES OF VIOLATION  ISSUED  BY  AUTHORIZED  AUTHORITY
EMPLOYEES  IN  ACCORDANCE  WITH  SECTION TWO HUNDRED THIRTY-EIGHT OF THE
VEHICLE AND TRAFFIC LAW.  Matters within the jurisdiction of the  bureau
except  violations of the rules and regulations of the triborough bridge
and tunnel authority shall be known for  purposes  of  this  section  as
transit  infractions,  WHICH INCLUDE VIOLATIONS OF BUS LANE RESTRICTIONS
ENFORCED BY PHOTO DEVICES IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-D  OF THE VEHICLE AND TRAFFIC LAW AND NOTICES OF VIOLATION OF BUS
LANE RESTRICTIONS ISSUED BY AUTHORIZED AUTHORITY EMPLOYEES IN ACCORDANCE
WITH SECTION TWO HUNDRED THIRTY-EIGHT OF THE VEHICLE  AND  TRAFFIC  LAW.
Nothing [herein] IN THIS SUBDIVISION shall be construed to divest juris-
diction  from any court now having jurisdiction over any criminal charge
or traffic infraction relating to any act committed in a transit or toll
facility OR A DESIGNATED BUS LANE, or to impair the ability of a  police
officer  to  conduct  a lawful search of a person in a transit facility.
The criminal court of the city of New York shall continue to have juris-
diction over any criminal  charge  or  traffic  infraction  brought  for
violation  of  the  rules  of the authority or the triborough bridge and
tunnel authority, as well as jurisdiction relating to any act which  may
constitute  a crime or an offense under any law of the state of New York
or any municipality or political subdivision thereof and which may  also
constitute  a  violation of such rules. The bureau shall have concurrent
jurisdiction with the environmental control board and the administrative
tribunal of the department of health over the  aforesaid  provisions  of
the health code and noise control code of the city of New York.
  S  2.  Paragraphs  b  and  j of subdivision 4 of section 1209-a of the
public authorities law, as amended by chapter 379 of the laws  of  1992,
are amended to read as follows:
  b.  To  impose  civil  penalties  not to exceed a total of one hundred
fifty dollars for any transit infraction  within  its  jurisdiction,  in
accordance  with  a penalty schedule established by the authority except
that penalties for violations of the health code of the city of New York
shall  be  in  accordance  with  the  penalties  established  for   such
violations by the board of health of the city of New York, and penalties
for  violations  of  the  noise code of the city of New York shall be in
accordance with the penalties established for such  violations  by  law,
and  civil  penalties for violations of the rules and regulations of the
triborough bridge and tunnel authority shall be in accordance  with  the
penalties  established  for such violations by section two thousand nine
hundred eighty-five of this chapter, AND THAT PENALTIES  FOR  VIOLATIONS
OF  BUS  LANE  RESTRICTIONS ENFORCED BY PHOTO DEVICES AND FOR NOTICES OF
VIOLATION OF  BUS  LANE  RESTRICTIONS  ISSUED  BY  AUTHORIZED  AUTHORITY
EMPLOYEES  IN  ACCORDANCE  WITH  SECTION TWO HUNDRED THIRTY-EIGHT OF THE
VEHICLE AND TRAFFIC LAW SHALL BE IN ACCORDANCE WITH  THE  PENALTIES  SET
FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW;
  j.  To adjudicate the liability of motor vehicle owners for violations
of rules and regulations established in accordance with  the  provisions
of  section  two  thousand  nine hundred eighty-five of this chapter AND
SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, AND  FOR
NOTICES  OF  VIOLATION  OF  BUS  LANE  RESTRICTIONS ISSUED BY AUTHORIZED
AUTHORITY EMPLOYEES IN ACCORDANCE WITH SECTION TWO HUNDRED  THIRTY-EIGHT
OF THE VEHICLE AND TRAFFIC LAW.
  S 3. Section 1209-a of the public authorities law is amended by adding
two new subdivisions 5-a and 5-b to read as follows:

A. 3190                             3

  5-A.  NOTICES  OF  LIABILITY  FOR  VIOLATION OF BUS LANE RESTRICTIONS;
PHOTO  DEVICES.    NOTICES  OF  LIABILITY  FOR  VIOLATION  OF  BUS  LANE
RESTRICTIONS  ENFORCED  BY PHOTO DEVICES SHALL BE PREPARED AND MAILED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF-
FIC LAW.
  5-B. NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS; AUTHORIZED AUTHOR-
ITY  EMPLOYEES.  NOTICES OF VIOLATION OF BUS LANE RESTRICTIONS ISSUED BY
AUTHORIZED AUTHORITY EMPLOYEES SHALL BE IN ACCORDANCE WITH  SECTION  TWO
HUNDRED THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW.
  S 4. Subdivision 6 of section 1209-a of the public authorities law, as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:
  6. Defaults. Where a respondent has failed to plead  to  a  notice  of
violation  or  to  a  notice of liability issued pursuant to section two
thousand nine hundred eighty-five of  this  chapter  OR  SECTION  ELEVEN
HUNDRED  ELEVEN-D  OF  THE  VEHICLE  AND  TRAFFIC  LAW OR TO A NOTICE OF
VIOLATION OF  BUS  LANE  RESTRICTIONS  ISSUED  BY  AUTHORIZED  AUTHORITY
EMPLOYEES  IN  ACCORDANCE  WITH  SECTION TWO HUNDRED THIRTY-EIGHT OF THE
VEHICLE AND TRAFFIC LAW within the time allowed by  the  rules  of  said
bureau  or has failed to appear on a designated hearing date or a subse-
quent date following an adjournment, such failure  to  plead  or  appear
shall  be  deemed, for all purposes, to be an admission of liability and
shall be grounds for rendering a default decision and order  imposing  a
penalty  in  such  amount  as  may be prescribed by the authority, OR IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF-
FIC LAW FOR A DEFAULT ON A VIOLATION OF BUS LANE  RESTRICTIONS  ENFORCED
BY  PHOTO  DEVICES  OR ON A NOTICE OF VIOLATION OF BUS LANE RESTRICTIONS
ISSUED BY AUTHORIZED AUTHORITY EMPLOYEES IN ACCORDANCE WITH SECTION  TWO
HUNDRED THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW.
  S  5.  Paragraph  g  of  subdivision 7 of section 1209-a of the public
authorities law, as amended by chapter 379  of  the  laws  of  1992,  is
amended to read as follows:
  g.  After due consideration of the evidence and arguments, the hearing
officer shall determine whether the charges  or  allegations  have  been
established. No charge may be established except upon proof by clear and
convincing evidence except allegations of civil liability for violations
of  triborough bridge and tunnel authority rules and regulations will be
established in accordance with the provisions of  section  two  thousand
nine  hundred  eighty-five  of  this chapter. Where the charges have not
been established, an order dismissing the charges or  allegations  shall
be  entered.  Where  a determination is made that a charge or allegation
has been established or if an answer admitting the charge or  allegation
has been received, the hearing officer shall set a penalty in accordance
with  the  penalty schedule established by the authority, or for allega-
tions of civil liability in accordance with the  provisions  of  section
two thousand nine hundred eighty-five of this chapter; OR FOR NOTICES OF
LIABILITY  FOR  VIOLATION  OF  BUS  LANE  RESTRICTIONS ENFORCED BY PHOTO
DEVICES OR NOTICES OF VIOLATION  OF  BUS  LANE  RESTRICTIONS  ISSUED  BY
AUTHORIZED  AUTHORITY  EMPLOYEES  IN ACCORDANCE WITH SECTION TWO HUNDRED
THIRTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW, THE PENALTY SHALL BE SET IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAF-
FIC LAW, and an appropriate order shall be entered in the records of the
bureau. The respondent shall be given notice of such entry in person  or
by  certified  mail. This order shall constitute the final determination
of the hearing officer, and for purposes of review it shall be deemed to
incorporate any intermediate determinations made by said officer in  the

A. 3190                             4

course  of  the  proceeding. When no appeal is filed this order shall be
the final order of the bureau.
  S  6.  Subdivision 10 of section 1209-a of the public authorities law,
as amended by chapter 379 of the laws of 1992, is  amended  to  read  as
follows:
  10.  Funds. All penalties collected pursuant to the provisions of this
section shall be paid to the authority to the credit of a transit  crime
fund which the authority shall establish. Any sums in this fund shall be
used  to pay for programs selected by the board of the authority, in its
discretion, to reduce the incidence of crimes and infractions on transit
facilities OR VIOLATION OF BUS LANE  RESTRICTIONS,  or  to  improve  the
enforcement  of  laws  against  such  crimes and infractions. Such funds
shall be in addition to and not in substitution for any  funds  provided
by the state or the city of New York for such purposes.
  S 7. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of  the  vehicle  and traffic law, as amended by section 1 of part SS of
chapter 57 of the laws of 2010, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of there is a certification from a  court,  parking  violations  bureau,
traffic  and  parking  violations  agency  or administrative tribunal of
appropriate jurisdiction  [or  administrative  tribunal  of  appropriate
jurisdiction] that the registrant or his or her representative failed to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that:  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority;  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for  a  violation
of  subdivision (d) of section eleven hundred eleven of this chapter; or
(iii) the registrant  was  liable  in  accordance  with  section  eleven
hundred  eleven-c  OR  ELEVEN  HUNDRED  ELEVEN-D  of  this chapter for a
violation of a  bus  lane  restriction  as  defined  in  such  [section]
SECTIONS,  the commissioner or his or her agent shall deny the registra-
tion or renewal application until the applicant provides proof from  the
court,  traffic and parking violations agency or administrative tribunal
wherein the charges are pending that an appearance or  answer  has  been
made  or  in  the  case of an administrative tribunal that he or she has
complied with the rules and regulations of said tribunal following entry
of a final decision. Where an application is  denied  pursuant  to  this
section,  the  commissioner may, in his or her discretion, deny a regis-
tration or renewal application to any other person for the same  vehicle
and  may  deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where  the  commissioner
has  determined  that  such  registrant's  intent  has been to evade the
purposes of this subdivision and where the commissioner  has  reasonable
grounds  to  believe  that  such  registration  or renewal will have the
effect of defeating the purposes of this subdivision. Such denial  shall
only  remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails  to  comply
with the rules and regulations following entry of a final decision.

A. 3190                             5

  S  8. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as amended by section 8-a of part II of chapter 59  of  the
laws of 2010, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry of a final decision in response to a
total of three or more summonses or  other  process  in  the  aggregate,
issued  within  an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor  vehi-
cle  was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for  hire  by  the  appropriate  local
authority,  in  violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by  a  local  authority;  or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b  of  this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
liable  in  accordance  with  section  eleven hundred eleven-c OR ELEVEN
HUNDRED ELEVEN-D  of  this  chapter  for  a  violation  of  a  bus  lane
restriction  as  defined in such [section] SECTIONS, the commissioner or
his or her agent shall deny  the  registration  or  renewal  application
until  the  applicant  provides  proof  from the court or administrative
tribunal wherein the charges are pending that an  appearance  or  answer
has  been  made  or in the case of an administrative tribunal that he or
she has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is  denied  pursuant
to  this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other  person  for  the  same
vehicle and may deny a registration or renewal application for any other
motor  vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have  the
effect  of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or  in
the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S 9. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
traffic  law,  as amended by section 8-b of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a  final  decision  in  response  to
three  or  more  summonses  or  other process, issued within an eighteen
month period, charging that such motor vehicle was  parked,  stopped  or
standing, or that such motor vehicle was operated for hire by the regis-
trant  or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in  violation  of  any  of  the
provisions  of this chapter or of any law, ordinance, rule or regulation
made by a local authority or the registrant  was  liable  in  accordance
with  section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this

A. 3190                             6

chapter for a violation of a bus lane restriction  as  defined  in  such
[section]  SECTIONS, the commissioner or his or her agent shall deny the
registration or renewal application until the applicant  provides  proof
from  the court or administrative tribunal wherein the charges are pend-
ing that an appearance or answer has been made or  in  the  case  of  an
administrative  tribunal  that he or she has complied with the rules and
regulations of said tribunal following entry of a final decision.  Where
an application is denied pursuant to this section, the commissioner may,
in  his or her discretion, deny a registration or renewal application to
any other person for the same vehicle and may  deny  a  registration  or
renewal  application  for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such  regis-
trant's  intent  has  been to evade the purposes of this subdivision and
where the commissioner has  reasonable  grounds  to  believe  that  such
registration  or  renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long  as
the  summonses  remain  unanswered,  or in the case of an administrative
tribunal, the registrant fails to comply with the rules and  regulations
following entry of a final decision.
  S 10. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic  law,  as separately amended by chapters 339 and 592 of the laws
of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his OR HER represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a  final  decision  in  response  to
three  or  more  summonses  or  other process, issued within an eighteen
month period, charging that such motor vehicle was  parked,  stopped  or
standing, or that such motor vehicle was operated for hire by the regis-
trant  or his OR HER agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in  violation  of  any  of  the
provisions  of this chapter or of any law, ordinance, rule or regulation
made by a local authority OR THE REGISTRANT  WAS  LIABLE  IN  ACCORDANCE
WITH  SECTION ELEVEN HUNDRED ELEVEN-C OR ELEVEN HUNDRED ELEVEN-D OF THIS
CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION  AS  DEFINED  IN  SUCH
SECTIONS,  the commissioner or his OR HER agent shall deny the registra-
tion or renewal application until the applicant provides proof from  the
court or administrative tribunal wherein the charges are pending that an
appearance  or  answer has been made or in the case of an administrative
tribunal that he OR SHE has complied with the rules and  regulations  of
said  tribunal following entry of a final decision. Where an application
is denied pursuant to this section, the commissioner may, in his OR  HER
discretion,  deny  a  registration  or  renewal application to any other
person for the same vehicle and  may  deny  a  registration  or  renewal
application  for  any  other motor vehicle registered in the name of the
applicant where the commissioner has determined that  such  registrant's
intent  has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this  subdivi-
sion.  Such  denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of  an  administrative  tribunal,  the
registrant  fails  to  comply  with  the rules and regulations following
entry of a final decision.

A. 3190                             7

  S 11. Subdivision (d) of section 1111-c of  the  vehicle  and  traffic
law, as added by section 9 of part II of chapter 59 of the laws of 2010,
is amended to read  as follows:
  (d)  A  certificate,  sworn to or affirmed by a technician employed by
the city in which the charged violation occurred OR  BY  THE  APPLICABLE
MASS  TRANSIT  AGENCY,  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,  vide-
otape  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.
  S  12.  The vehicle and traffic law is amended by adding a new section
1111-d to read as follows:
  S 1111-D. MASS TRANSIT PHOTO DEVICE ENFORCEMENT OF OWNER LIABILITY FOR
FAILURE OF OPERATOR TO COMPLY  WITH  BUS  LANE  RESTRICTIONS.    (A)  1.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, IN A CITY WITH A POPULATION
OF ONE MILLION OR MORE, THE METROPOLITAN TRANSPORTATION  AUTHORITY,  THE
NEW  YORK  CITY TRANSIT AUTHORITY AND THEIR SUBSIDIARIES AND AFFILIATES,
OR THE APPLICABLE  MASS  TRANSIT  AUTHORITY  OR  AGENCY  FOR  SUCH  CITY
(REFERRED  TO AS THE "AUTHORITY" FOR PURPOSES OF THIS SECTION) IS HEREBY
AUTHORIZED AND EMPOWERED TO ESTABLISH A BUS LANE PHOTO  DEVICE  ENFORCE-
MENT  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 AUTHOR-
ITY,  FOR  PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE
BUS LANE PHOTO DEVICES ONLY ON DESIGNATED BUS LANES IN SUCH CITY, EXCEPT
THE BUS ROUTES SPECIFIED IN PARAGRAPH FOUR OF SUBDIVISION (C) OF SECTION
ELEVEN HUNDRED ELEVEN-C OF THIS ARTICLE. SUCH BUS LANE PHOTO DEVICES MAY
BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT  LOCATIONS  DETERMINED
BY THE AUTHORITY IN CONSULTATION WITH SUCH CITY AND/OR ON BUSES OR VEHI-
CLES SELECTED BY THE AUTHORITY.
  2.  ANY  IMAGE  OR  IMAGES CAPTURED BY BUS LANE PHOTO DEVICES SHALL BE
INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE AUTHORITY OR
ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE DEPARTMENT OF
MOTOR VEHICLES INVOLVING LICENSURE  PRIVILEGES  OF  BUS  OPERATORS.  ANY
MOBILE BUS LANE PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARD-
LY  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 AUTHORITY 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

A. 3190                             8

SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER;
OR (C) AS OTHERWISE REQUIRED BY LAW;
  (III)  IN  CONSULTATION WITH SUCH CITY, THE INSTALLATION OF SIGNAGE AT
REGULAR INTERVALS OR ENHANCED ROAD MARKINGS WITHIN DESIGNATED 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.
  (B) 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 DESIGNATED BUS LANES, 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 PENAL-
TY 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 SECTION TWO HUNDRED
THIRTY-NINE 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 BUS LANES BY VEHICLES OTHER THAN BUSES IMPOSED BY  LOCAL  LAW
AND SIGNS ERECTED BY THE AUTHORITY IN CONSULTATION WITH SUCH CITY PURSU-
ANT  TO  THIS SECTION, WITH THE EXCEPTIONS ALLOWED UNDER SUBDIVISION (M)
OF SECTION 4-12 AND  PARAGRAPH  THREE  OF  SUBDIVISION  (A)  OF  SECTION
4-08(A)(3)  OF TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW YORK OR
ANY SUCH RULES OF A CITY WITH A POPULATION OF ONE MILLION OR MORE.
  4. "DESIGNATED BUS LANE" SHALL MEAN A VEHICLE LANE DEDICATED  FOR  THE
EXCLUSIVE  USE  OF BUSES, WHICH INCLUDES BUS STOPS WITHIN THE DESIGNATED
BUS LANE.
  (D) A CERTIFICATE, OR A FACSIMILE THEREOF, SWORN TO OR AFFIRMED  BY  A
TECHNICIAN  EMPLOYED  BY THE AUTHORITY OR ANY OTHER ENTITY AUTHORIZED BY
THE AUTHORITY, 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 PHOTO-
GRAPHS, 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  UNDER
THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A
SCHEDULE  OF  FINES  AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS
BUREAU OF A CITY WITH A POPULATION OF ONE  MILLION  OR  MORE;  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

A. 3190                             9

SHALL  IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE 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  LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AUTHOR-
ITY,  OR  ANY  OTHER  ENTITY AUTHORIZED BY SUCH AUTHORITY TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
  5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY  THIS  SECTION
SHALL  BE  BY  THE  AUTHORITY'S  TRANSIT ADJUDICATION BUREAU PURSUANT TO
SECTION TWELVE HUNDRED NINE-A OF THE PUBLIC AUTHORITIES LAW OR ANY  SUCH
TRANSIT  ADJUDICATION  BUREAU IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE.
  (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 RECOV-
ERED 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
TRANSIT  ADJUDICATION  BUREAU  IN  SUCH  CITY  WITH  A POPULATION OF ONE
MILLION OR MORE.
  (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
WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE TRANSIT ADJUDI-
CATION 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  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

A. 3190                            10

VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  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) THE AUTHORITY 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
FIFTEEN  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 ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  6. THE TOTAL AMOUNT OF REVENUE  REALIZED  BY  ANY  PARTICIPATING  MASS
TRANSIT AUTHORITY OR AGENCY;
  7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS;
  8. THE TOTAL NUMBER OF PHOTO DEVICES BY TYPE OF PHOTO DEVICE;
  9. THE TOTAL COST TO ANY PARTICIPATING MASS TRANSIT AUTHORITY OR AGEN-
CY; AND
  10.  A  DETAILED  REPORT ON THE BUS SPEEDS, RELIABILITY, AND RIDERSHIP
BEFORE AND AFTER IMPLEMENTATION OF THE BUS LANE PHOTO DEVICE ENFORCEMENT
PROGRAM FOR EACH BUS ROUTE, INCLUDING CURRENT STATISTICS.
  S 13. The opening paragraph and paragraph  (c)  of  subdivision  1  of
section 1809 of the vehicle and traffic law, as amended by section 10 of
part  II  of  chapter  59  of  the  laws of 2010, are amended to read as
follows:
  Whenever proceedings in an administrative tribunal or a court of  this
state  result  in  a  conviction  for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, or  parking  or  violations  by
pedestrians or bicyclists, or other than an adjudication of liability of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-a  of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-b of this chapter, or other than an  adjudication  in  accordance
with  section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of this
chapter for a violation of a bus lane restriction  as  defined  in  such
[section]  SECTIONS, there shall be levied a crime victim assistance fee
and a mandatory surcharge, in  addition  to  any  sentence  required  or
permitted by law, in accordance with the following schedule:
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this

A. 3190                            11

chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant
to  section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven  hundred  eleven-c  OR
ELEVEN  HUNDRED  ELEVEN-D  of this chapter for a violation of a bus lane
restriction as defined in such [section] SECTIONS, there shall be levied
a crime victim assistance fee in the amount of five dollars and a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of fifty-five dollars.
  S 14. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 10-a of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment  or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
accordance  with  section  eleven  hundred  eleven-c  OR  ELEVEN HUNDRED
ELEVEN-D of this chapter for a violation of a bus  lane  restriction  as
defined  in  such  [section] SECTIONS, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law,  in
the amount of twenty-five dollars.
  S 15. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 10-b of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred  eleven-c  OR  ELEVEN  HUNDRED
ELEVEN-D  of  this  chapter for a violation of a bus lane restriction as
defined in such [section] SECTIONS, there shall be  levied  a  mandatory
surcharge,  in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.

A. 3190                            12

  S 16. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter  62  of
the laws of 1989, is amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  ELEVEN-C  OR  ELEVEN  HUNDRED
ELEVEN-D  OF  THIS  CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS
DEFINED IN SUCH SECTIONS, there shall be levied a  mandatory  surcharge,
in  addition to any sentence required or permitted by law, in the amount
of seventeen dollars.
  S 17. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
and  traffic  law,  as amended by section 11 of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of subdivision (d) of section eleven hundred eleven of this  chapter  in
accordance  with  section  eleven  hundred eleven-b of this chapter, and
except  an  adjudication  in  accordance  with  section  eleven  hundred
eleven-c  OR ELEVEN HUNDRED ELEVEN-D of this chapter of a violation of a
bus lane restriction as defined in such [section] SECTIONS,  and  except
an  adjudication  of  liability  of  an  owner  for  a violation of toll
collection regulations pursuant to section  two  thousand  nine  hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence,  penalty  or  other surcharge required or permitted by law, an
additional surcharge of twenty dollars.
  S 18. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
and  traffic law, as amended by section 11-a of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except  an  adjudication  in  accordance  with  section  eleven
hundred  eleven-c  OR  ELEVEN  HUNDRED  ELEVEN-D  of  this  chapter of a
violation of a  bus  lane  restriction  as  defined  in  such  [section]
SECTIONS,  and  except  an  adjudication  of liability of an owner for a

A. 3190                            13

violation of toll collection regulations pursuant to section  two  thou-
sand  nine hundred eighty-five of the public authorities law or sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, there shall be levied in addition
to  any  sentence,  penalty  or other surcharge required or permitted by
law, an additional surcharge of twenty dollars.
  S 19. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
and  traffic  law, as added by section 1 of part EE of chapter 56 of the
laws of 2008, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, AND EXCEPT  AN  ADJUDICATION  IN  ACCORDANCE  WITH  SECTION  ELEVEN
HUNDRED  ELEVEN-D  OF  THIS  CHAPTER  OF  A  VIOLATION  OF  A  BUS  LANE
RESTRICTION AS DEFINED IN SUCH SECTION, and except  an  adjudication  of
liability  of  an  owner  for a violation of toll collection regulations
pursuant to section two thousand nine hundred eighty-five of the  public
authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of  nineteen  hundred  fifty,
there  shall  be  levied  in  addition to any sentence, penalty or other
surcharge required or permitted by law, an additional surcharge of twen-
ty dollars.
  S 20.  Paragraph (l) of subdivision 2 of  section  87  of  the  public
officers  law,  as  added  by section 12 of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
  (l) are photographs, microphotographs,  videotape  or  other  recorded
images  produced  by a bus lane photo device prepared under authority of
section eleven hundred eleven-c OR ELEVEN HUNDRED ELEVEN-D of the  vehi-
cle and traffic law.
  S  21.  This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that:
  (a) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section seven of this act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such date the provisions of section eight of this act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle  and traffic law made by section eight of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
chapters  19,  20,  21,  22, 23 and 383 of the laws of 2009, as amended,
when upon such date the provisions of section nine  of  this  act  shall
take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle  and  traffic law made by section nine of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
section  14  of  part  II of chapter 59 of the laws of 2010, as amended,
when upon such date the provisions of section ten of this act shall take
effect;

A. 3190                            14

  (d) the amendments to subdivision (d) of section 1111-c of the vehicle
and traffic law made by section eleven of this act shall not affect  the
repeal of such section and shall be deemed repealed therewith;
  (e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section thirteen of this act shall be subject to the
expiration and reversion of such subdivision pursuant to subdivision (p)
of section 406 of chapter 166 of the laws of 1991, as amended, when upon
such  date  the  provisions  of  section fourteen of this act shall take
effect;
  (f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fourteen of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section  17  of
chapter 746 of the laws of 1988, and chapters 19, 20, 21, 22, 23 and 383
of  the  laws of 2009, as amended, when upon such date the provisions of
section fifteen of this act shall take effect;
  (g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fifteen of this act shall be subject to  the
expiration  and reversion of such subdivision pursuant to chapter 746 of
the laws of 1988, as amended, when upon  such  date  the  provisions  of
section sixteen of this act shall take effect;
  (h)  the  amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section  seventeen  of  this  act
shall  be  subject  to  the  expiration  and reversion of such paragraph
pursuant to chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009,  as
amended,  when upon such date the provisions of section eighteen of this
act shall take effect;
  (i) the amendments to paragraph a of subdivision 1 of  section  1809-e
of  the  vehicle  and  traffic  law made by section eighteen of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant  to chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, as
amended, when upon such date the provisions of section nineteen of  this
act shall take effect; and
  (j)  the amendments to paragraph (1) of subdivision 2 of section 87 of
the public officers law made by section twenty of  this  act  shall  not
affect  the repeal of such paragraph and shall be deemed repealed there-
with.