NY State Senate Bill 2015-S3848

Senate Bill S3848

2015-2016 Legislative Session

Provides for a demonstration project for the use of enforcement cameras on high occupancy vehicle and bus lanes on the Staten Island Expressway

download bill text pdf

Archive: Last Bill Status - Stricken

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to transportation
Feb 20, 2015	referred to transportation

2015-S3848 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §223-a, V & T L
Versions Introduced in 2013-2014 Legislative Session:: S4147

2015-S3848 (ACTIVE) - Summary

Provides for a demonstration program for the use of enforcement cameras on high occupancy vehicle and bus lanes on the Staten Island Expressway.

2015-S3848 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3848

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to a demonstration program relating to the installation of
roadside and bus mounted high occupancy vehicle and bus lane
enforcement cameras on the Staten Island Expressway; and providing for
the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

Provides for a demonstration project for the use of enforcement
cameras on high occupancy vehicle and bus lanes on the Staten Island
Expressway.

SUMMARY OF SPECIFIC PROVISIONS:

A new section, 223-a, is added to the Vehicle and Traffic Law.

JUSTIFICATION:

The Staten Island Expressway was opened in 1965 and was constructed
with three lanes in each direction to accommodate the need for an
express highway that would provide local and through-traffic service
throughout Staten Island. At that time, the expressway carried
approximately 50,000 vehicles per day. The New York State Department
of Transportation (NYSDOT) reports that approximately 130,000 vehicles

per day traverse the western and central parts of the Island, rising
up to 170,000 vehicles per day near the Verrazano-Narrows Bridge.

During the 1990's the NYSDOT began building dedicated bus-only express
lanes along the expressway. These lanes opened in December of 2000
extending one-half mile west from the Verrazano-Narrows Bridge toll
plaza. In November of 2005, the bi-directional bus lanes were extended
one mile west to Exit 12 (Todt Hill/Slosson Avenue).  According the
NYSDOT estimates, about 150 buses carrying a total of 13,000
passengers use the bus lanes.

In January 2008, the NYSDOT opened up the westbound XBL to passenger
cars with two or more occupants (HOV 2+), but only from 3 to 7 p.m.
on weekdays and only from the Verrazano Bridge toward Slosson Avenue.
That special allowance will end once construction on the bridge ends.

Under this bill, cameras would be installed to capture the motorist
who violates the bus-only lanes by photographing their license plate.
Tickets would be mailed to violators, For those citizens who obey the
law, using cameras to spot and ticket those who don't will not only be
an incentive to stay out of the express bus lanes, it will also
increase the travel time for the bus riders. Those who have a total
disrespect for the law should be penalized by paying a traffic fine.

PRIOR LEGISLATIVE HISTORY:

2014: S.4147-A Referred to Transportation / A.512-A Recommit to
transportation
2013: Referred to Transportation;
2012: A.134 - Died in Transportation;
2010: A.6145 died in Transportation/S.2636 - Died in Transportation;


2008: A.11333 Died in Transportation/S.8418 Died in Rules.

FISCAL IMPLICATIONS:

Unknown.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become law and shall expire and be deemed repealed three
years after such effective date; provided that any rules or
regulations necessary for the timely implementation of this act are
authorized to be made on or before such effective date.

2015-S3848 (ACTIVE) - Bill Text download pdf

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

                                  3848

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- 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  a  demon-
  stration  program  relating  to  the  installation of roadside and bus
  mounted high occupancy vehicle and bus lane enforcement cameras on the
  Staten Island  Expressway;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

  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 223-a to read as follows:
  S 223-A. HIGH OCCUPANCY VEHICLE AND BUS LANE ENFORCEMENT CAMERA DEMON-
STRATION  PROGRAM.  1.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
COMMISSIONER IS HEREBY AUTHORIZED AND EMPOWERED TO  ESTABLISH  A  DEMON-
STRATION  PROGRAM,  ON  THE  STATEN ISLAND EXPRESSWAY, IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE, BETWEEN  THE  HOURS  OF
SEVEN  O'CLOCK  IN THE ANTE MERIDIEM AND SEVEN O'CLOCK IN THE POST MERI-
DIEM, OF AN OPERATOR THEREOF TO COMPLY WITH  APPLICABLE  HIGH  OCCUPANCY
VEHICLE  AND  BUS  LANE PRIORITY LAWS. THE DEPARTMENT OF TRANSPORTATION,
FOR PURPOSES OF IMPLEMENTATION OF SUCH PROGRAM, SHALL BE  AUTHORIZED  TO
INSTALL  AND  OPERATE  ROADSIDE  AND  BUS  MOUNTED  BUS LANE ENFORCEMENT
CAMERAS ON NO MORE THAN ONE HUNDRED BUSES OR ROADSIDE LOCATIONS OPERATED
BY THE DEPARTMENT.
  2. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS SECTION IF SUCH  VEHICLE  WAS  USED  OR  OPERATED  WITH  THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY RULE OR
REGULATION RELATING TO USE OF A HIGH OCCUPANCY VEHICLE AND BUS LANE, AND
SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A HIGH OCCUPAN-
CY  VEHICLE  AND  BUS  LANE ENFORCEMENT CAMERA; 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01517-01-5

S. 3848                             2

THE UNDERLYING VIOLATION OF  ANY  RULE  OR  REGULATION  ADOPTED  BY  THE
DEPARTMENT OF TRANSPORTATION OR THE COMMISSIONER.
  3. FOR PURPOSES OF THIS SECTION, "OWNER" SHALL MEAN ANY PERSON, CORPO-
RATION,  PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR, OR ORGANIZATION
WHO AT THE TIME OF THE ISSUANCE OF A NOTICE  OF  VIOLATION  IN  WHICH  A
VEHICLE IS OPERATED:
  (A) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR
  (B) HAS TITLE TO SUCH VEHICLE; OR
  (C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
TERED  WITH  THE  DEPARTMENT  OR THE DEPARTMENT OF MOTOR VEHICLES OF ANY
OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION  OR  OTHER  JURISDIC-
TION; OR
  (D)  USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS;
OR
  (E) IS AN OWNER OF SUCH VEHICLE AS  DEFINED  BY  SECTION  ONE  HUNDRED
TWENTY-EIGHT  OF  THIS CHAPTER OR A DEALER OF SUCH VEHICLE AS DEFINED BY
SUBDIVISION (A) OF SECTION TWENTY-ONE HUNDRED ONE OF THIS CHAPTER.
  4. FOR PURPOSES OF THIS SECTION, "HIGH OCCUPANCY VEHICLE AND BUS  LANE
ENFORCEMENT CAMERA" SHALL MEAN A DEVICE INSTALLED ON A BUS OR A ROADSIDE
LOCATION  WHICH  AUTOMATICALLY  PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR
MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR  OTHER  RECORDED  IMAGES  OF  EACH
VEHICLE  AT  THE TIME IT IS USED OR OPERATED IN VIOLATION OF ANY RULE OR
REGULATION RELATING TO USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES.
  5. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
DEPARTMENT  OF  TRANSPORTATION,  OR  A  FACSIMILE  THEREOF,  BASED  UPON
INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES  PRODUCED  BY  A  HIGH OCCUPANCY VEHICLE AND BUS LANE ENFORCEMENT
CAMERA, 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 IMPOSED PURSU-
ANT TO THIS SECTION.
  6.  AN OWNER LIABLE FOR A VIOLATION OF ANY RULE OR REGULATION RELATING
TO THE USE OF HIGH OCCUPANCY  VEHICLE  AND  BUS  LANES  ADOPTED  BY  THE
DEPARTMENT  OF  TRANSPORTATION  OR  THE COMMISSIONER SHALL BE LIABLE FOR
MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND  PENALTIES
TO  BE  PROMULGATED  BY  THE  COMMISSIONER.   THE LIABILITY OF THE OWNER
PURSUANT TO THIS SECTION SHALL NOT EXCEED THE ESTABLISHED FINE FOR  EACH
VIOLATION;  PROVIDED HOWEVER THAT AN ADDITIONAL PENALTY NOT IN EXCESS OF
TWENTY-FIVE DOLLARS SHALL BE IMPOSED FOR EACH VIOLATION FOR THE  FAILURE
TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  7. AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED A
CONVICTION  AS  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.
  8.  (A)  A  NOTICE OF LIABILITY SHALL BE SENT BY THE DEPARTMENT WITHIN
FIFTEEN DAYS OF THE ALLEGED VIOLATION BY FIRST CLASS MAIL TO EACH PERSON
ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF ANY  RULE  OR  REGU-
LATION  RELATING  TO  THE  USE  OF HIGH OCCUPANCY VEHICLES AND BUS LANES
PURSUANT TO THIS SECTION. PERSONAL SERVICE ON THE  OWNER  SHALL  NOT  BE
REQUIRED.  A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
NARY COURSE OF BUSINESS SHALL BE  PRIMA  FACIE  EVIDENCE  OF  THE  FACTS
CONTAINED THEREIN.
  (B)  A  NOTICE  OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF ANY  RULE  OR

S. 3848                             3

REGULATION  RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES
ADOPTED BY THE DEPARTMENT PURSUANT TO  THIS  SECTION,  THE  REGISTRATION
NUMBER  OF  THE  VEHICLE  INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE
SUCH  VIOLATION  TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE
IDENTIFICATION NUMBER OF THE CAMERA  WHICH  RECORDED  THE  VIOLATION  OR
OTHER DOCUMENT LOCATOR NUMBER.
  (C)  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.
  (D) THE NOTICE OF LIABILITY  SHALL  BE  PREPARED  AND  MAILED  BY  THE
DEPARTMENT OR ITS DESIGNEE.
  9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR  ANY TIME PERIOD DURING WHICH THE 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 ANY RULE OR REGULATION RELAT-
ING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES PURSUANT TO THIS
SECTION 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, RETURN RECEIPT REQUESTED, TO
THE DEPARTMENT OF MOTOR VEHICLES OR ITS DESIGNEE.
  10. IF THE OWNER LIABLE FOR A VIOLATION  OF  ANY  RULE  OR  REGULATION
RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES PURSUANT TO
THIS  SECTION  WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION  AGAINST
THE OPERATOR.
  11.  AN  OWNER  OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL NOT BE LIABLE IF THE
MOTORIST DRIVING OR STOPPING IN A HIGH OCCUPANCY VEHICLE  AND  BUS  LANE
WHILE:
  (A)  YIELDING    RIGHT  OF  WAY TO AN EMERGENCY VEHICLE WITH ACTIVATED
WARNING LIGHTS OR SIREN,
  (B) AT THE DIRECTION OF LAW ENFORCEMENT OR EMERGENCY SERVICE OFFICIALS
OR OTHER GOVERNMENT OFFICIALS AUTHORIZED TO STOP OR DIRECT TRAFFIC, OR
  (C) WHEN AVOIDING ROAD OBSTRUCTIONS OR CONSTRUCTION OR OTHER HAZARDS.
  12. AN APPEAL OF AN ADJUDICATION OF LIABILITY PURSUANT TO THIS SECTION
MAY BE TAKEN IN ACCORDANCE WITH THE APPLICABLE  PROVISIONS  RELATING  TO
ADJUDICATION OF TRAFFIC INFRACTIONS IN SUCH CITY.
  13.  (A)  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF ANY RULE OR  REGULATION  RELATING  TO
THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES:
  (I) IF PRIOR TO THE VIOLATION THE LESSOR HAS FILED WITH THE BUREAU AND
PAID  THE  REQUIRED  FILING  FEE  IN  ACCORDANCE  WITH THE PROVISIONS OF
SECTION TWO HUNDRED THIRTY-NINE OF THIS TITLE; AND
  (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE OF THE  DATE  AND
TIME  OF  A  LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN
THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE  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

S. 3848                             4

CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU  PURSUANT
TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B)  FAILURE  TO  COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL
RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
  (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS 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  EIGHT  OF
THIS SECTION.
  14.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE  FOR ANY VIOLATION OF ANY RULE OR REGULATION
PURSUANT TO THIS SECTION.
  15. ON OR BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  SIXTEEN  AND
DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  SEVENTEEN THE COMMISSIONER SHALL
SUBMIT A WRITTEN REPORT  ON  THE  DEMONSTRATION  PROJECT  IMPLEMENTATION
PURSUANT TO THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE  AND  THE  SPEAKER  OF THE ASSEMBLY ON THE RESULTS OF SAID DEMON-
STRATION PROGRAM.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) A DESCRIPTION OF THE LOCATIONS WHERE HIGH  OCCUPANCY  VEHICLE  AND
BUS LANE ENFORCEMENT CAMERAS WERE USED;
  (B)  THE  NUMBER  OF  VIOLATIONS RECORDED IN THE AGGREGATE ON A DAILY,
WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  (D) THE NUMBER OF FINES AND TOTAL AMOUNT OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY;
  (E)  THE  NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED; AND
  (G) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall expire and be deemed repealed three
years after such effective date; provided that any rules or  regulations
necessary for the timely implementation of this act are authorized to be
made on or before such effective date.

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