NY State Senate Bill 2011-S2977

Senate Bill S2977

2011-2012 Legislative Session

Establishes an intercity bus passenger service permit system in cities having a population of one million or more

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules
Feb 27, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to transportation
Feb 04, 2011	referred to transportation

co-Sponsors

2011-S2977 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1642-a, V & T L

2011-S2977 (ACTIVE) - Summary

Establishes an intercity bus passenger service permit system in cities having a population of one million or more; defines terms; provides exemptions; imposes civil penalties for violations

2011-S2977 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2977

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to establishing an
intercity bus passenger service permit system in cities having a
population of one million or more

PURPOSE OR GENERAL IDEA OF BILL:

To authorize a permit system for the loading and unloading of
passengers by buses engaged in intercity bus passenger service in
cities of one million or more, to provide guidance to bus companies
and improve the health, safety and welfare of the public.

SUMMARY OF SPECIFIC PROVISIONS:

The bill would authorize cities having a population of one million or
more to adopt a local law or ordinance establishing a permit system
for the loading and unloading of passengers on streets within the
city by buses operating in intercity bus passenger service (as
defined), and to prohibit buses operating in intercity bus passenger
service from loading or unloading passengers either without a permit
or in violation of any permit requirement or restriction. The
provisions of this section would also require the local law or

ordinance to:

* designate an agency to assume regulatory responsibility for the
permit system, including permit issuance, the designation of
passenger loading and unloading locations, and the designation of
streets where passenger loading and unloading may be prohibited, in
consultation with the Metropolitan Transportation Authority (MT A)
and community boards;
* establish criteria for permit issuance;
* require the display of permits in buses;
* provide public notice of permit applications within five days of
submission;
* require applicants to obtain five thousand dollar surety bonds and
continue them in effect, to be conditioned upon the payment of all
civil penalties for operating in violation of permit requirements or
restrictions; and
* contain adequate regulatory and enforcement
criteria.

The  bill  would  authorize  the  local  law  or ordinance to impose a
maximum two hundred seventy-five dollar per vehicle annual fee  to  be
credited  to  the  city's general fund, as well as civil penalties for
violations (maximum  one  thousand  dollars  for  a  first  violation,
maximum  twenty-five  hundred  dollars  for  a  second  or  subsequent
violation within two years) and permit suspension  or  revocation  for
failure to comply with permit requirements or restrictions.

Additionally, the bill would require the designated city agency to:


*  identify  a  sufficient  number  of intercity bus passenger service
loading and unloading locations prior to the establishment of a permit
system, in consultation with the MTA and community boards; and
*  promulgate  rules  and  regulations  to  implement  the  local  law
including: permit issuance and period of validity; permit  application
approval and disapproval, including at minimum a thirty day notice and
comment  period  to the MTA and relevant community board; a process to
review and render a final administrative determination  within  ninety
days  of  filing;  an  appeals process for disapprovals; a process for
assigning locations; criteria for granting waivers; and relocation  of
designated  locations  upon thirty days' notice to permit holders, the
MTA and the relevant community board.

The bill would exempt a number of  vehicles  including  school  buses,
sight-seeing  buses,  transportation  authority buses, municipal buses
and others. Finally, the bill  would  prohibit  the  adoption  of  any
ordinance  until  a  public hearing has been had in the same manner as
required for public hearings on local laws pursuant to  the  Municipal
Home Rule Law.

JUSTIFICATION:

Portions  of  the private interstate bus industry offer point to point
passenger service between the City of New York  and  other  cities  at
prices less than that available through other commercial bus companies
and other forms of transportation such as air and rail.  These private
interstate  bus  services have grown exponentially in recent years and
now travel to many  states  along  the  eastern  seaboard,  with  some
traveling further west. This expansion and competition have given rise
to reports of many problems including significant strains being placed
on   surrounding   communities   from   increased  congestion,  noise,
pollution, Jitter, and decreased safety and security for  pedestrians,
passengers and residents of the neighborhoods.

This   bill  seeks  to  address  these  concerns  by  authorizing  the
establishment and implementation of a permit system  for  the  loading
and  unloading  of  passengers  by  buses  engaged  in  intercity  bus
passenger service.  The bill is intended to impose order on the use of
curb space by  buses  engaged  in  intercity  bus  passenger  service,
thereby   bolstering   the   City's  parking,  stopping  and  standing
restrictions. This, in turn, should help to improve the health, safety
and welfare of the public and neighborhood residents.

PRIOR LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

2011-S2977 (ACTIVE) - Bill Text download pdf

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

    S. 2977                                                  A. 4578

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 4, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  SQUADRON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

IN  ASSEMBLY  -- Introduced by M. of A. SILVER -- read once and referred
  to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  an intercity bus passenger service permit system in  cities  having  a
  population of one million or more

  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 1642-a to read as follows:
  S  1642-A.  INTERCITY  BUS  PASSENGER  SERVICE PERMIT SYSTEM IN CITIES
HAVING A POPULATION OF ONE MILLION OR MORE.  1. DEFINITIONS. AS USED  IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "COMMUNITY  BOARD"  SHALL  HAVE  THE  SAME MEANING AS SUCH TERM IS
DEFINED IN SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER;
  B. "INTERCITY BUS PASSENGER SERVICE" SHALL MEAN TRANSPORTATION BY  BUS
PROVIDED  TO  THE  PUBLIC ON A REGULAR AND CONTINUING BASIS BY A PERSON,
FIRM, OR CORPORATION AUTHORIZED TO TRANSPORT  PASSENGERS  IN  INTERSTATE
COMMERCE BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OR IN INTRA-
STATE  COMMERCE BY THE STATE DEPARTMENT OF TRANSPORTATION THAT IS PRIMA-
RILY INTENDED TO SATISFY LONGER DISTANCE TRAVEL DEMAND  BETWEEN  CITIES,
AND VILLAGES AND UNINCORPORATED URBAN PLACES; AND
  C.  "METROPOLITAN TRANSPORTATION AUTHORITY" SHALL MEAN THE CORPORATION
CREATED BY SECTION TWELVE HUNDRED SIXTY-THREE OF THE PUBLIC  AUTHORITIES
LAW.
  2.  EXEMPTIONS.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
TRANSPORTATION FOR COMPENSATION WHEN THAT TRANSPORTATION IS PERFORMED:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08953-01-1

S. 2977                             2                            A. 4578

  A. INCIDENTAL TO OR IN FURTHERANCE OF ANY  NON-TRANSPORTATION  COMMER-
CIAL  OR NOT-FOR-PROFIT ENTERPRISE OF THE PROVIDER OF THE TRANSPORTATION
WHEN SUCH TRANSPORTATION IS NOT OPEN TO THE GENERAL PUBLIC;
  B. TO AND FROM SCHOOLS AND SCHOOL-RELATED ACTIVITIES;
  C. ON AN OCCASIONAL, CASUAL OR RECIPROCAL BASIS BY PERSONS NOT ENGAGED
IN TRANSPORTATION AS A REGULAR OCCUPATION OR BUSINESS;
  D.  AS A SIGHTSEEING SERVICE CONDUCTED PURSUANT TO THE JURISDICTION OR
REGULATORY CONTROL OF A CITY, VILLAGE OR TOWN WHEN SUCH SERVICE IS OPER-
ATED WHOLLY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE;
  E. IN AMBULANCES THAT ARE UNDER THE JURISDICTION OF THE NEW YORK STATE
DEPARTMENT OF HEALTH;
  F. BY TRANSPORTATION AUTHORITIES WHEN THE TRANSPORTATION PERFORMED  IS
WHOLLY  WITHIN  THE  TRANSPORTATION  DISTRICT  PRESCRIBED  BY THE PUBLIC
AUTHORITIES LAW FOR SUCH TRANSPORTATION AUTHORITY;
  G. BY TRANSPORTATION SYSTEMS THAT ARE WHOLLY OWNED BY  A  MUNICIPALITY
WHEN  THE  TRANSPORTATION PERFORMED IS WHOLLY WITHIN SUCH MUNICIPALITY'S
BOUNDARIES;
  H. BY BUSES OPERATING WHOLLY WITHIN ANY CITY;
  I. BY CARRIERS OPERATING UNDER A CONTRACT WITH AN EMPLOYER TO  PROVIDE
TRANSPORTATION FOR THE EXCLUSIVE USE OF EMPLOYEES; AND
  J.  AS A TAXI OR LIVERY SERVICE CONDUCTED IN VEHICLES HAVING A SEATING
CAPACITY OF TWENTY PASSENGERS OR LESS PURSUANT TO  THE  JURISDICTION  OR
REGULATORY  CONTROL  OF  A CITY WITH A POPULATION OVER ONE MILLION, WHEN
SUCH SERVICE IS CONDUCTED WHOLLY WITHIN SUCH A CITY.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CITY WITH A  POPU-
LATION  OF  ONE MILLION OR MORE MAY, BY ADOPTION OF A LOCAL LAW OR ORDI-
NANCE:
  A. ESTABLISH A PERMIT SYSTEM FOR THE LOADING AND UNLOADING OF  PASSEN-
GERS  ON  STREETS  WITHIN  SUCH CITY BY BUSES OPERATING IN INTERCITY BUS
PASSENGER SERVICE; AND
  B. PROHIBIT BUSES OPERATING IN INTERCITY BUS  PASSENGER  SERVICE  FROM
LOADING  OR  UNLOADING  PASSENGERS ON STREETS WITHIN SUCH CITY WITHOUT A
PERMIT ISSUED PURSUANT  TO  ANY  SUCH  LOCAL  LAW  OR  ORDINANCE  OR  IN
VIOLATION OF ANY PERMIT REQUIREMENTS OR RESTRICTIONS. PROVIDED, HOWEVER,
PRIOR  TO ESTABLISHING A PERMIT SYSTEM THE CITY AGENCY DESIGNATED PURSU-
ANT TO PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION SHALL, IN CONSUL-
TATION WITH THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  AND  COMMUNITY
BOARDS,  IDENTIFY  A  SUFFICIENT NUMBER OF LOCATIONS FOR THE LOADING AND
UNLOADING OF PASSENGERS BY SUCH BUSES.
  4. THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH PERMIT SYSTEM:
  A. SHALL DESIGNATE A CITY AGENCY WHICH  SHALL  ASSUME  THE  REGULATORY
RESPONSIBILITY FOR SUCH PERMIT SYSTEM INCLUDING THE ISSUANCE OF PERMITS,
THE  DESIGNATION  OF  LOCATIONS FOR THE LOADING AND UNLOADING OF PASSEN-
GERS, AND THE DESIGNATION OF STREETS  OR  AREAS  WHERE  THE  LOADING  OR
UNLOADING OF PASSENGERS MAY BE PROHIBITED;
  B.  SHALL  ESTABLISH  CRITERIA FOR THE ISSUANCE OF PERMITS WHICH SHALL
INCLUDE, BUT NOT BE LIMITED TO, REQUIRING THE OWNER OR  OPERATOR  OF  AN
INTERCITY  BUS PASSENGER SERVICE TO SUBMIT A PERMIT APPLICATION FOR EACH
PROPOSED LOCATION FOR LOADING OR UNLOADING PASSENGERS WHICH  APPLICATION
SHALL  INCLUDE  THE  NAME, ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS AND
MOTOR CARRIER NUMBER OF THE OWNER OR  OPERATOR  OF  SUCH  INTERCITY  BUS
PASSENGER SERVICE, THE FOLLOWING IDENTIFYING INFORMATION FOR EACH BUS TO
BE  USED  IN SUCH INTERCITY BUS PASSENGER SERVICE: UNITED STATES DEPART-
MENT OF TRANSPORTATION NUMBER AND/OR NEW YORK STATE DEPARTMENT OF TRANS-
PORTATION NUMBER; A PROPOSED  LOCATION,  AND  TWO  OR  MORE  ALTERNATIVE
PROPOSED  LOCATIONS,  FOR  THE  LOADING  OR UNLOADING OF PASSENGERS; THE

S. 2977                             3                            A. 4578

NUMBER OF BUSES THAT WOULD USE THE DESIGNATED LOCATION FOR  THE  LOADING
OR  UNLOADING  OF  PASSENGERS;  THE NUMBER OF PASSENGERS ANTICIPATED FOR
EACH BUS; THE NUMBER OF BUSES THAT WOULD USE THE DESIGNATED LOCATION FOR
EACH  BUS;  THE  PROPOSED  BUS  SCHEDULE; THE PROPOSED GARAGE OR PARKING
LOCATION OF THE BUSES DURING PERIODS WHEN THE BUSES ARE NOT  BEING  USED
FOR  INTERCITY  BUS  PASSENGER SERVICE; AND ANY OTHER INFORMATION DEEMED
NECESSARY BY THE COMMISSIONER OF THE CITY AGENCY DESIGNATED PURSUANT  TO
PARAGRAPH A OF THIS SUBDIVISION;
  C.  SHALL AUTHORIZE THE CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION TO PROMULGATE RULES AND REGULATIONS FOR  THE  IMPLE-
MENTATION OF SUCH LOCAL LAW WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I)  PROVIDING FOR THE ISSUANCE OF PERMITS IN ACCORDANCE WITH CRITERIA
ESTABLISHED BY SUCH LOCAL LAW OR ORDINANCE;
  (II) ESTABLISHING CRITERIA TO APPROVE OR  DISAPPROVE  PERMIT  APPLICA-
TIONS,  WHICH  MUST  INCLUDE  AT MINIMUM A THIRTY DAY NOTICE AND COMMENT
PERIOD FOR THE METROPOLITAN TRANSPORTATION AUTHORITY  AND  THE  RELEVANT
COMMUNITY  BOARD AND A PROCESS FOR APPLICANTS TO APPEAL A DISAPPROVAL OF
A PERMIT APPLICATION;
  (III) ESTABLISHING CRITERIA FOR ASSIGNING LOCATIONS TO  PERMIT  APPLI-
CANTS  FOR  THE  LOADING OR UNLOADING OF PASSENGERS WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE APPLICANT'S PREFERENCES, TRAFFIC  AND  SAFETY
CONSIDERATIONS,  CONSIDERATION  OF COMMENTS FROM THE METROPOLITAN TRANS-
PORTATION AUTHORITY AND THE RELEVANT  COMMUNITY  BOARD,  AND  ANY  OTHER
CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER OF SUCH AGENCY;
  (IV)  ESTABLISHING  A PROCESS TO REVIEW AND RENDER A FINAL ADMINISTRA-
TIVE DETERMINATION ON ANY APPLICATION FOR THE ISSUANCE OF A PERMIT WITH-
IN NINETY DAYS AFTER A COMPLETED APPLICATION IS FILED;
  (V) ESTABLISHING CRITERIA FOR GRANTING A WAIVER OF ANY OR ALL REQUIRE-
MENTS FOR AN OWNER OR OPERATOR OF INTERCITY BUS PASSENGER  SERVICE  THAT
INFREQUENTLY LOADS OR UNLOADS PASSENGERS IN SUCH CITY, OR BASED ON OPER-
ATIONAL  CONSIDERATIONS,  AND  A PROCESS FOR APPLYING FOR SUCH A WAIVER;
AND
  (VI) PROVIDING THAT PERMITS MAY BE  ISSUED  FOR  UP  TO  THREE  YEARS,
PROVIDED, HOWEVER, THAT THE CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH
A  OF  THIS  SUBDIVISION MAY RELOCATE A DESIGNATED LOCATION, UPON THIRTY
DAYS' NOTICE TO THE HOLDER OF THE PERMIT, THE  METROPOLITAN  TRANSPORTA-
TION  AUTHORITY  AND THE RELEVANT COMMUNITY BOARD BASED ON CITY NEEDS AS
DETERMINED BY THE COMMISSIONER OF SUCH AGENCY;
  D. SHALL REQUIRE THE OWNER OR OPERATOR OF AN INTERCITY  BUS  PASSENGER
SERVICE  TO  PROMINENTLY  DISPLAY A COPY OF SUCH PERMIT IN EACH BUS THAT
USES A DESIGNATED LOCATION FOR THE LOADING OR UNLOADING OF PASSENGERS;
  E. SHALL PROVIDE FOR PUBLIC NOTICE OF PERMIT APPLICATIONS WITHIN  FIVE
BUSINESS DAYS OF SUBMISSION THEREOF;
  F.  SHALL  PROVIDE THAT, AS A CONDITION TO OBTAINING A PERMIT PURSUANT
TO A LOCAL LAW OR ORDINANCE ADOPTED  PURSUANT  TO  THIS  SECTION,  EVERY
PERMIT  APPLICANT  SHALL  OBTAIN AND CONTINUE IN EFFECT A SURETY BOND IN
THE AMOUNT OF FIVE THOUSAND DOLLARS EXECUTED BY A SURETY COMPANY AUTHOR-
IZED TO TRANSACT BUSINESS IN THE STATE BY THE  INSURANCE  DEPARTMENT  OF
THE STATE. THE BONDS SHALL BE APPROVED AS TO FORM BY THE COMMISSIONER OF
THE  CITY  AGENCY DESIGNATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
AND SHALL BE CONDITIONED ON THE PERMIT APPLICANT'S OR  HOLDER'S  PAYMENT
OF  ALL  CIVIL PENALTIES IMPOSED UPON THE PERMIT APPLICANT OR HOLDER FOR
OPERATING AN INTERCITY BUS  PASSENGER  SERVICE  THAT  LOADS  OR  UNLOADS
PASSENGERS  ON  STREETS  WITHIN  SUCH  CITY  IN  VIOLATION OF ANY PERMIT
REQUIREMENTS OR RESTRICTIONS. RECOVERY AGAINST A BOND  MAY  BE  MADE  BY
SUCH CITY WHICH OBTAINS A JUDGMENT AGAINST THE PERMIT APPLICANT OR HOLD-

S. 2977                             4                            A. 4578

ER FOR AN ACT OR OMISSION ON WHICH THE BOND IS CONDITIONED IF THE ACT OR
OMISSION  OCCURRED  DURING  THE  TERM  OF  THE BOND. THE TOTAL LIABILITY
IMPOSED ON THE SURETY UNDER THIS SECTION FOR ALL BREACHES  OF  THE  BOND
CONDITION  IS LIMITED TO THE FACE AMOUNT OF THE BOND. SUCH LIABILITY MAY
INCLUDE, BUT IS NOT LIMITED TO, THE AMOUNT  OF  THE  FINES  IMPOSED  AND
UNPAID.  IN  NO  EVENT  SHALL  THE  SURETY ON A BOND BE LIABLE FOR TOTAL
CLAIMS IN EXCESS OF THE BOND AMOUNT, REGARDLESS OF THE NUMBER OR  NATURE
OF CLAIMS MADE AGAINST THE BOND OR THE NUMBER OF YEARS THE BOND REMAINED
IN  FORCE.  ANY SURETY ISSUING A BOND PURSUANT TO THIS SUBDIVISION SHALL
BE REQUIRED TO PROVIDE SIXTY DAYS' NOTICE TO  THE  COMMISSIONER  OF  THE
CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION PRIOR
TO THE EFFECTIVE DATE OF CANCELLATION OF THE BOND;
  G. SHALL CONTAIN ADEQUATE REGULATORY AND ENFORCEMENT CRITERIA;
  H. MAY PROVIDE FOR THE IMPOSITION OF AN ANNUAL FEE FOR SUCH PERMIT NOT
TO EXCEED TWO HUNDRED SEVENTY-FIVE DOLLARS PER VEHICLE;
  I.  SHALL PROVIDE THAT SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND
OF THE CITY; AND
  J. MAY PROVIDE FOR:
  (A) A CIVIL PENALTY FOR LOADING OR  UNLOADING  PASSENGERS  ON  A  CITY
STREET  WITHOUT  A  PERMIT  OR  FOR  FAILURE  TO  COMPLY WITH ANY PERMIT
REQUIREMENTS OR RESTRICTION PROVIDED THAT SUCH CIVIL PENALTIES SHALL NOT
BE MORE THAN ONE THOUSAND  DOLLARS,  AND  FOR  A  SECOND  OR  SUBSEQUENT
VIOLATION WITHIN TWO YEARS OF THE FIRST VIOLATION SHALL NOT BE MORE THAN
TWENTY-FIVE HUNDRED DOLLARS; AND
  (B)  SUSPENSION  OR  REVOCATION OF A PERMIT FOR FAILURE TO COMPLY WITH
ANY PERMIT REQUIREMENTS OR RESTRICTIONS.
  5. NO ORDINANCE SHALL BE ADOPTED PURSUANT  TO  THIS  SECTION  UNTIL  A
PUBLIC  HEARING  THEREON HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR
PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
  S 2. This act shall take effect immediately.

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Senate Bill S2977

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Daniel L. Squadron