S1932-2011 Actions

• Jan 14, 2011: REFERRED TO TRANSPORTATION

S1932-2011 Memo

BILL NUMBER:S1932

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to driving in
preferential use lanes

PURPOSE OF THE BILL:

Promotes carpooling and the use of preferential use (high occupancy
vehicle) lanes by establishing and defining traffic infractions for
improper use and improper entry into such lanes and establishing
reasonable penalties to deter such conduct.

EXISTING LAW:

There are no existing provisions in law defining the phrase
"preferential use lanes" and establishing traffic infractions for
unsafe use or improper entry into such lanes. Municipalities which
have established preferential use lanes are currently relying upon
existing traffic infractions which were never designed to address the
proper use of preferential lanes and, thus, do not establish
appropriate penalties for improper conduct in connection therewith.

JUSTIFICATION:

Carpooling has become a well-accepted method of reducing energy
consumption and air pollution, saving wear and tear on highways and
reducing traffic congestion in urban areas. Preferential use lanes
have become a reliable method of promoting carpooling and
facilitating the rapid and orderly movement of traffic to and from
urban areas during peak traffic periods. To allow preferential use
lanes to operate effectively, this bill establishes two new traffic
infractions designed to prohibit conduct which could detract from
proper use or present hazards for other motorists. New section 1132
prohibits motorists from operating a vehicle in a preferential use
lane unless the vehicle is being operated in compliance with the
terms established for the use of such lanes. For example, a motorist
may not drive solo in a preferential use lane authorized only for use
by vehicles carrying two or more occupants. This bill authorizes
municipalities to fine motorists engaged in such improper conduct up
to $75 for each such violation. Because such violations do not
involve highway safety, the bill prohibits the Commissioner from
prescribing points on an individuals driver's license for such a
violation. The purpose of points under the Vehicle and Traffic
Law is to deter safety violations. Occupancy violations like those
prescribed by new V & T Section 1132 are not safety violations and do
not represent conduct which threatens other motorists. Points,
therefore, are not an appropriate penalty. Indeed, points for conduct
of this nature would be

overly punitive since accumulated points can cause a motorist to have
his or her license suspended and/or increase the premium costs
motorists must pay for automobile insurance. A monetary penalty of up
to $65 is a sufficient penalty to deter motorists from violating the
use restrictions of such lanes.

New subdivision in 1128 prohibits motorists from entering preferential
use lanes at a point not authorized for such entry. Such conduct is
especially hazardous and is clearly a safety violation. In order to
deter such unsafe driving conduct, this bill authorizes
municipalities to fine violators not less than $100 nor more than
$200 for a first offense, and not less than $200 nor more than $300,
for a second or subsequent violation committed within eighteen months
of a previous violation of this section. At the Commissioner's
discretion, points could be imposed for such a violation.

Finally, the bill provides a remedy for the arbitrary and inequitable
manner in which the Department of Motor Vehicles currently addresses
the issue of points for such violations. The Department of Motor
Vehicles has ruled that motorists violating the High Occupancy
Vehicle lanes on the Long Island Expressway will not be assessed
points, while those violating the same restrictions on the Queensboro
Bridge and other locations will be assessed such penalty. Thus,
Significantly different penalties for the same offense are being
assessed. High Occupancy Vehicle lanes are likely to proliferate in
the future, a fair and uniform approach is needed.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

State and localities may realize additional revenues.

EFFECTIVE DATE:

120 days after it shall become law.

S1932-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1932
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by  Sen.  KRUGER -- 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  driving  in
 preferential use lanes
 

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

 

Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 132-b to read as follows:

 

S  132-B.  PREFERENTIAL USE LANE. A LANE RESERVED FOR USE BY SPECIFIED
 TYPES OR CLASSES OF VEHICLES INCLUDING A LANE  RESERVED  FOR  USE  BASED
 UPON THE NUMBER OF OCCUPANTS IN SUCH VEHICLES.
 

S  2.

Section 1128 of the vehicle and traffic law is amended by adding
 a new subdivision (e) to read as follows:

 (E) WHEN OFFICIAL MARKINGS DELINEATING A PREFERENTIAL USE LANE ARE  IN
 PLACE  AND  DESIGNATE  LOCATIONS  WHERE  CROSSING SUCH MARKINGS WOULD BE
 ESPECIALLY HAZARDOUS, NO DRIVER OF A VEHICLE PROCEEDING ALONG SUCH HIGH
 WAY SHALL AT ANY TIME DRIVE ACROSS SUCH MARKINGS.
 

S 3. The vehicle and traffic law is amended by adding  a  new  section
 1132 to read as follows:

 

S  1132.  DRIVING IN PREFERENTIAL USE LANES. NO PERSON SHALL OPERATE A
 MOTOR VEHICLE IN A LANE OF A HIGHWAY, STREET OR ROADWAY WHICH  HAS  BEEN
 DESIGNATED AS A PREFERENTIAL USE LANE DURING THE TIME THE DESIGNATION IS
 IN EFFECT UNLESS SUCH MOTOR VEHICLE IS BEING OPERATED IN COMPLIANCE WITH
 THE TERMS OF THE AUTHORIZED DESIGNATED PREFERENTIAL USE.
 

S 4. Subdivision (b) of section 1800 of the vehicle and traffic law is
 amended by adding two new paragraphs 3 and 4 to read as follows:

 3.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI
 SION, A PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A VIOLATION OF  THE
 PROVISIONS  OF  SECTION  ELEVEN HUNDRED THIRTY-TWO OF THIS CHAPTER SHALL
 FOR CONVICTION THEREOF, BE PUNISHED BY A FINE OF NOT MORE THAN  SEVENTY
 FIVE  DOLLARS AND SUCH CONVICTION SHALL NOT BE DEEMED A CONVICTION AS AN
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07148-01-1
 
       S. 1932                             2
 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.
 4.  NOTWITHSTANDING  THE  PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI
 SION, A PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A VIOLATION OF  THE
 PROVISIONS  OF SUBDIVISION (E) OF SECTION ELEVEN HUNDRED TWENTY-EIGHT OF
 THIS CHAPTER SHALL, FOR A FIRST CONVICTION THEREOF,  BE  PUNISHED  BY  A
 FINE  OF  NOT  LESS  THAN  ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED
 DOLLARS, FOR A CONVICTION OF A SECOND OR SUBSEQUENT  VIOLATION,  ALL  OF
 WHICH  WERE  COMMITTED  WITHIN  A PERIOD OF EIGHTEEN MONTHS, SUCH PERSON
 SHALL BE PUNISHED BY A FINE OF NOT LESS THAN  TWO  HUNDRED  DOLLARS  NOR
 MORE THAN THREE HUNDRED DOLLARS.
 

S 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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