ECB's Department of Transportation Penalty Schedule

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 16, 2013

 

 

Statement of Basis and Purpose

 

The Environmental Control Board (ECB) is proposing to amend the New York City Department of Transportation (DOT)’s penalty schedule, found in Section 3124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The proposed rule updates the section of law references associated with five DOT violations, and the descriptions of two DOT violations. These amendments will promote consistency and provide clarity by conforming violation sections and descriptions with the language in the applicable laws. They will also more accurately reflect the condition observed by an inspector issuing a violation, thus helping the respondent and the Administrative Law Judge by giving a description of the existing violation which mirrors the applicable law.

 

Failure to properly equip commercial bicycles

For failures to properly equip commercial bicycles, the current penalty schedule refers only to Administrative Code Section 10157(f). This reference does not capture all the requirements for equipping commercial bicycles and bicycle operators found in the Administrative Code at Section 10157.

 

The proposed rule amends the section of law references associated with the first and subsequent offenses for “Failure to properly equip bicycle used on behalf of a business using a bicycle for commercial purposes,” from Section 10157(f) to Section 10157. This change will allow the issuing officer to enforce all applicable provisions of the section related to bicycles used for commercial purposes.

 

Failure to replace distinctive sidewalk in kind

The proposed rule amends the reference to the section of law for “Failure to replace distinctive sidewalk in kind” from Section 209(f)(4)(xvi)(A) to Section 209(f)(4)(xvi)(C) of the RCNY. The reference to Section 209(f)(4)(xvi)(C) of the RCNY better describes DOT’s prescribed method for repairing a distinctive sidewalk. This section states that the distinctive sidewalk must be repaired in kind or replaced in its entirety with concrete.

 

Failure to obtain ac onfirmation number prior to expiration of a street opening permit (protected street)

The penalty schedule currently describes Section 211(f)(4)(i) of the RCNY as “No notice to DOT before start phase of work on protected street.” DOT recently amended Section 211(f) to clarify that a permittee who has obtained a street opening permit on a protected street must also obtain a confirmation number. The DOT amendment also provides guidance for obtaining the confirmation number.

 

The current description is outdated and could lead a permittee to erroneously believe that a confirmation number, which provides notice to DOT, is only required when work is performed on a protected street. The proposed rule updates the reference to Section 211(f)(2)(ii) of Chapter 34 of the RCNY and the description to “Failure to obtain a confirmation number prior to expiration of street opening permit (protected street).”

 

Failure to conform with the latest Standard Details1 042A, 1042B, or 1042C (concrete roadways)

The proposed rule amends the description “Failure to conform with the latest version of DOT Standard Details 1042A, 1042B, or 1042C” to add “(concrete roadways),” and amends the section of law reference from Section 211(e)(13) to Section 211(e)(13)(vi) of the RCNY. These changes clarify that the violation applies to concrete roadways, and indicate the exact subparagraph that will be charged when a violation is issued.

 

 

Public Hearing
Subject: 

Opportunity to comment on proposed rule regarding amendments to the Department of Transportation (DOT) Penalty Schedule for offenses adjudicated by the Environmental Control Board (ECB)

Public Hearing Date: 
Friday, August 16, 2013 - 3:30pm
Contact: 

James Macron
Counsel to the Board
Environmental Control Board
66 John Street, 10th Floor
New York, N.Y. 10038
(212) 436‐0594

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