§ 1111-C — Owner liability for failure of operator to comply with bus lane restrictions

* § 1111-c. Owner liability for failure of operator to comply with bus\nlane restrictions. (a) 1. Notwithstanding any other provision of law,\nthe city of New York is hereby authorized and empowered to establish a\nbus rapid transit program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with bus lane\nrestrictions in such city in accordance with the provisions of this\nsection. The New York city department of transportation or applicable\nmass transit agency, for purposes of the implementation of such program,\nshall operate bus lane photo devices only within designated bus lanes in\nsuch bus rapid transit program. Such bus lane photo devices may be\nstationary or mobile and shall be activated at locations determined by\nsuch department of transportation and/or on buses selected by such\ndepartment of transportation in consultation with the applicable mass\ntransit agency, however, the applicable mass transit agency may also\ninstall no less than fifty mobile bus lane photo devices on buses\noperating on designated bus lanes in such bus rapid transit program\nbelow 96th street in the borough of Manhattan, in consultation with the\nNew York city department of transportation for the purposes of this\nsection.\n 2. Any image or images captured by bus lane photo devices shall be\ninadmissible in any disciplinary proceeding convened by the applicable\nmass transit agency or any subsidiary thereof and any proceeding\ninitiated by the department involving licensure privileges of bus\noperators. Any mobile bus lane photo device mounted on a bus shall be\ndirected outwardly from such bus to capture images of vehicles operated\nin violation of bus lane restrictions, and images produced by such\ndevice shall not be used for any other purpose in the absence of a court\norder requiring such images to be produced.\n 3. (i) The city of New York shall adopt and enforce measures to\nprotect the privacy of drivers, passengers, pedestrians and cyclists\nwhose identity and identifying information may be captured by a bus lane\nphoto device. Such measures shall include:\n (A) utilization of necessary technologies to ensure, to the extent\npracticable, that photographs, microphotographs, videotape or other\nrecorded images produced by such bus lane photo devices shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because such a\nphotograph, microphotograph, videotape or other recorded image allows\nfor the identification of the driver, the passengers, or the contents of\na vehicle where the city shows that it made reasonable efforts to comply\nwith the provisions of this paragraph in such case;\n (B) the installation of signage that is clearly visible to drivers at\nregular intervals along and adjacent to bus lanes stating that mobile\nand/or stationary bus lane photo devices are used to enforce bus lane\nrestrictions, in conformance with standards established in the MUTCD;\nand\n (C) oversight procedures to ensure compliance with the privacy\nprotection measures under this subdivision.\n (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a bus lane photo device shall be for the exclusive use of the\ncity of New York for the purpose of the adjudication of liability\nimposed pursuant to this section and of the owner receiving a notice of\nliability pursuant to this section, and shall be destroyed by such city\nupon the final resolution of the notice of liability to which such\nphotographs, microphotographs, videotape or other recorded images\nrelate, or one year following the date of issuance of such notice of\nliability, whichever is later. Notwithstanding the provisions of any\nother law, rule or regulation to the contrary, photographs,\nmicrophotographs, videotape or any other recorded image from a bus lane\nphoto device shall not be open to the public, nor subject to civil or\ncriminal process or discovery, nor used by any court or administrative\nor adjudicatory body in any action or proceeding therein except that\nwhich is necessary for the adjudication of a notice of liability issued\npursuant to this section, and no public entity or employee, officer or\nagent thereof shall disclose such information, except that such\nphotographs, microphotographs, videotape or any other recorded images\nfrom such systems:\n (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n (iii) The demonstration program authorized pursuant to this section is\nprohibited from utilizing and from arranging for the utilization of\nbiometric identifying technology, including but not limited to facial\nrecognition technology, for any purpose. The use, and the arrangement\nfor the use, of biometric identifying technology, including but not\nlimited to facial recognition technology, on photographs,\nmicrophotographs, videotape, or any other recorded image or data\nproduced by a bus lane photo device, by any person for any purpose, are\nprohibited. For purposes of this subparagraph, "person" shall include,\nbut not be limited to, a human being, a public or private corporation,\nan unincorporated association, a partnership, a government or a\ngovernmental instrumentality, a court or an administrative or\nadjudicatory body, and any employee, officer, and agent of the\nforegoing.\n (iv) Any applicable mass transit agency operating bus lane photo\ndevices shall be prohibited from accessing any photographs,\nmicrophotographs, videotapes, other recorded images or data from bus\nlane photo devices but shall provide, pursuant to an agreement with the\ncity of New York, for the proper handling and custody of such\nphotographs, microphotographs, videotapes, other recorded images and\ndata produced by such systems, and for the forwarding of such\nphotographs, microphotographs, videotapes, other recorded images and\ndata to such city for the purpose of determining whether a motor vehicle\nwas operated in violation of bus lane restrictions and imposing monetary\nliability on the owner of such motor vehicle therefor.\n (v) Every bus upon which a mobile bus lane photo device is installed\nand operated pursuant to a bus rapid transit program authorized pursuant\nto this section shall be equipped with signs, placards or other displays\ngiving notice to approaching motor vehicle operators that bus lane photo\ndevices are used to enforce bus lane restrictions.\n 4. Within the city of New York, such bus lane photo devices may only\nbe operated on designated bus lanes. Warning notices of violation be\nissued during the first sixty days that bus lane photo devices are\noperated on each route in the bus rapid transit program that is\nestablished after June fifteenth, two thousand fifteen.\n (b) If the city of New York has established a bus rapid transit\nprogram pursuant to subdivision (a) of this section, the owner of a\nvehicle shall be liable for a penalty imposed pursuant to this section\nif such vehicle was used or operated with the permission of the owner,\nexpress or implied, in violation of any bus lane restrictions that apply\nto routes within such program, and such violation is evidenced by\ninformation obtained from a bus lane photo device; provided however that\nno owner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section where the operator of such vehicle has been convicted of\nthe underlying violation of any bus lane restrictions.\n (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n 1. "owner" shall have the meaning provided in article two-B of this\nchapter.\n 2. "bus lane photo device" shall mean a device that is capable of\noperating independently of an enforcement officer and produces one or\nmore images of each vehicle at the time it is in violation of bus lane\nrestrictions.\n 3. "bus lane restrictions" shall mean restrictions on the use of\ndesignated traffic lanes by vehicles other than buses imposed on routes\nwithin a bus rapid transit program by local law and signs erected by the\ndepartment of transportation of a city that establishes such a program\npursuant to this section.\n 4. "Bus Rapid Transit Phase I plan" shall mean the following five bus\nrapid transit routes as designated by the New York city department of\ntransportation: Fordham Road, First/Second Avenue, Nostrand Avenue,\nThirty-Fourth Street, Hylan Boulevard, and an undesignated route in the\nborough of Queens not to exceed ten miles.\n 5. "bus rapid transit program" shall mean routes designated by the New\nYork city department of transportation in consultation with the\napplicable mass transit agency, in addition to the Bus Rapid Transit\nPhase I plan routes, that operate on designated bus lanes and that may\ninclude upgraded signage, enhanced road markings, minimum bus stop\nspacing, off-board fare payment, traffic signal priority for buses, and\nany other enhancement that increases bus speed or reliability.\n 6. "designated bus lane" shall mean a lane dedicated for the exclusive\nuse of buses with the exceptions allowed under 4-12(m) and 4-08(a)(3) of\ntitle 34 of the rules of the city of New York.\n 7. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter.\n 8. "biometric identifying technology" shall mean any tool using an\nautomated or semi-automated process that assists in verifying a person's\nidentity based on a person's biometric information.\n 9. "biometric information" shall mean any measurable physical,\nphysiological or behavioral characteristics that are attributable to a\nperson, including but not limited to facial characteristics, fingerprint\ncharacteristics, hand characteristics, eye characteristics, vocal\ncharacteristics, and any other characteristics that can be used to\nidentify a person including, but not limited to: fingerprints;\nhandprints; retina and iris patterns; DNA sequence; voice; gait; and\nfacial geometry.\n 10. "facial recognition" shall mean any tool using an automated or\nsemi-automated process that assists in uniquely identifying or verifying\na person by comparing and analyzing patterns based on the person's face.\n (d) A certificate, sworn to or affirmed by a technician employed by\nthe city in which the charged violation occurred, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images produced by a bus lane photo device,\nshall be prima facie evidence of the facts contained therein. Any\nphotographs, microphotographs, videotape or other recorded images\nevidencing such a violation shall be available for inspection in any\nproceeding to adjudicate the liability for such violation pursuant to\nthis section.\n (e) An owner liable for a violation of a bus lane restriction imposed\non any route within a bus rapid transit program shall be liable for\nmonetary penalties in accordance with a schedule of fines and penalties\npromulgated by the parking violations bureau of the city of New York.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for a first violation, one hundred dollars for a second\nviolation within a twelve-month period, one hundred fifty dollars for a\nthird violation within a twelve-month period, two hundred dollars for a\nfourth violation within a twelve-month period, and two hundred fifty\ndollars for each subsequent violation within a twelve-month period;\nprovided, further, that an owner shall be liable for an additional\npenalty not to exceed twenty-five dollars for each violation for the\nfailure to respond to a notice of liability within the prescribed time\nperiod.\n (f) An imposition of liability pursuant to this section shall not be\ndeemed a conviction of an operator and shall not be made part of the\noperating record of the person upon whom such liability is imposed, nor\nshall it be used for insurance purposes in the provision of motor\nvehicle insurance coverage.\n (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of a bus lane\nrestriction. Personal delivery to the owner shall not be required. A\nmanual or automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n 2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of a bus lane\nrestriction, the registration number of the vehicle involved in such\nviolation, the location where such violation took place including the\nstreet address or cross streets, one or more images identifying the\nviolation, the date and time of such violation and the identification\nnumber of the bus lane photo device which recorded the violation or\nother document locator number.\n 3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n 4. The notice of liability shall be prepared and mailed by the agency\nor agencies designated by the city of New York, or any other entity\nauthorized by such city to prepare and mail such notification of\nviolation.\n 5. Adjudication of the liability imposed upon owners by this section\nshall be by the New York city parking violations bureau.\n (h) If an owner of a vehicle receives a notice of liability pursuant\nto this section for any time period during which such vehicle was\nreported to the police department as having been stolen, it shall be a\nvalid defense to an allegation of liability for a violation of a bus\nlane restriction that the vehicle had been reported to the police as\nstolen prior to the time the violation occurred and had not been\nrecovered by such time. For purposes of asserting the defense provided\nby this subdivision it shall be sufficient that a certified copy of the\npolice report on the stolen vehicle be sent by first class mail to the\nparking violations bureau of such city.\n (i) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of a bus lane restriction, provided\nthat:\n (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n (ii) within thirty-seven days after receiving notice from such bureau\nof the date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to\nsuch bureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by such\nbureau pursuant to regulations that may be promulgated for such purpose.\n 2. Failure to comply with subparagraph (ii) of paragraph one of this\nsubdivision shall render the lessor liable for the penalty prescribed in\nthis section.\n 3. Where the lessor complies with the provisions of paragraph one of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (g) of this section.\n (j) 1. If the owner liable for a violation of a bus lane restriction\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n 2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a bus lane restriction. For purposes of this subdivision there\nshall be a presumption that the operator of such vehicle was operating\nsuch vehicle with the consent of the owner at the time such operator\nfailed to obey a bus lane restriction.\n (k) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of bus lane restrictions.\n (l) If the city of New York adopts a bus rapid transit demonstration\nprogram pursuant to subdivision (a) of this section it shall submit a\nreport on the results of the use of bus lane photo devices to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly by April first, two thousand twelve and every two years\nthereafter. The city of New York and applicable mass transit agency\nshall also make such reports available on their public-facing websites,\nprovided that they may provide aggregate data from paragraph one of this\nsubdivision if the city finds that publishing specific location data\nwould jeopardize public safety. Such report shall include, but not be\nlimited to:\n 1. a description of the locations and/or buses where bus lane photo\ndevices were used;\n 2. the total number of violations recorded on a monthly and annual\nbasis;\n 3. the total number of notices of liability issued;\n 4. the number of fines and total amount of fines paid after the first\nnotice of liability;\n 5. the number of violations adjudicated and results of such\nadjudications including breakdowns of dispositions made;\n 6. the total amount of revenue realized by such city and any\nparticipating mass transit agency and an itemized list of expenditures\nmade by the participating mass transit agency with these revenues;\n 7. the quality of the adjudication process and its results;\n 8. the total number of cameras by type of camera;\n 9. the total cost to the city and the total cost to any participating\nmass transit agency; and\n 10. a detailed report on the bus speeds, reliability, and ridership\nbefore and after implementation of the bus rapid transit demonstration\nprogram for each bus route, including current statistics.\n (m) Any revenue from fines and penalties collected pursuant to this\nsection from any mobile bus lane photo devices, not including any\nrevenue shared with the city of New York pursuant to agreement shall be\nremitted by the city of New York to the applicable mass transit agency\non a quarterly basis to be deposited in the general transportation\naccount of the New York city transportation assistance fund established\npursuant to section twelve hundred seventy-i of the public authorities\nlaw.\n (n) It shall be a defense to any prosecution for a violation of a bus\nlane restriction pursuant to a bus rapid transit program adopted\npursuant to this section that such bus lane photo devices were\nmalfunctioning at the time of the alleged violation.\n (o) It shall be a defense to any prosecution for a violation of a bus\nlane restriction pursuant to a bus rapid transit program adopted\npursuant to this section when an employee of the metropolitan\ntransportation authority is performing authorized duties on behalf of\nsuch authority and is operating an authorized employer motor vehicle in\nthe bus lane at the time of the violation and conducting lawful business\nor providing service to an official metropolitan transportation\nauthority vehicle or personnel while in a bus lane.\n * NB Repealed July 1, 2028\n