Amendment of Transportation Penalty Schedule (Confirmation Numbers)

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 29, 2014

Statement of Basis and Purpose

 

The Environmental Control Board (“ECB”) proposes amendments to the Department of Transportation (DOT) penalty schedule, codified in Section 3-124 of Title 48 of the Rules of the City of New York.  In an effort to support Mayor de Blasio’s Small Business First initiative and set penalties that are reasonable in relation to the violations cited, DOT has requested that ECB:

·       lower the penalty for failure to obtain a confirmation number for a street opening permit on a protected street, and

·       add a separate penalty for failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

This amendment and the additional charge will clarify the difference between a respondent’s failure to notify the department prior to commencing a backfill on a protected street versus a respondent’s failure to obtain a confirmation number for any street opening permit on a protected street. They will also ensure that the penalty is proportionate to the violating condition cited, and will promote consistency within DOT’s fine structure by setting similar penalties for similar offenses.

 

Fine Decrease for 34 RCNY § 2-11(f)(2)(ii).  Failure to obtain a confirmation number for a street opening permit on a protected street.

 

In June 2013, 34 RCNY § 2-11(f)(2) of the Highway Rules was amended to require all permittees who have obtained a street opening permit on a protected street to also obtain a confirmation number.  The purpose of this amendment was to clarify that a confirmation number is required for all such permits on protected streets regardless of whether a permittee engages in a backfill.  As an unintended consequence of the rule change, permittees who fail to obtain a confirmation number but whose work does not involve a backfill or impact the roadway currently receive the same penalty as permittees who fail to obtain a confirmation number before performing a backfill in the roadway.  Therefore, ECB proposes that the penalty for failing to obtain a confirmation number for a street opening permit on a protected street, where the permittee is not engaging in backfill, be reduced from $750 to $250 with a default penalty of $750.

 

New Code Request for 34 RCNY § 2-11(f)(4)(i).  Failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

When a permittee conducts a backfill without a confirmation number, it impacts DOT’s ability to conduct appropriate oversight of the construction activity taking place. Therefore, this charge imposes a penalty if a permittee fails to obtain such confirmation number at least two hours prior to the scheduled start time for the backfill, except as otherwise authorized by the Commissioner.  The new charge, “Failing to obtain a confirmation number on a protected street two hours prior to the commencement of a backfill,” carries a penalty of $750 with a default penalty of $2,250.

 

Public Hearing
Subject: 

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule.

Public Hearing Date: 
Monday, December 29, 2014 - 2:00pm
Contact: 

Elizabeth Nolan-Marino at (212) 436-0708 and Jim Macron at (212) 436-0302

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
Brooklyn, NY 10038