ECB's Department of Transportation Penalty Schedule
Proposed Rules: Closed to Comments
The intercity bus industry has grown significantly over the last fifteen years. While intercity buses provide a useful service, their on-street operations can cause serious disruption to the local traffic network and risks to public safety. In certain communities within the City, the proliferation of these buses has led to an increase in traffic and sidewalk congestion; a higher concentration of on-street bus parking, double parking or blocking of travel lanes; and the creation of traffic and safety concerns for drivers, travelers, pedestrians and residents.
In an effort to help address these concerns, New York State adopted Vehicle and Traffic Law (VTL) Section 1642-a, which authorized the City to establish an intercity bus permit system inclusive of a schedule of fines or civil penalties for violations of rules related to the system.
Section 1642-a provides that notices of violation issued pursuant to the Department of Transportation (DOT) intercity bus permit system rules are returnable to the Environmental Control Board (ECB). In addition, the Parking Violations Bureau (PVB), a part of the Department of Finance (DOF), is authorized to adjudicate violations of the DOT intercity bus permit system rules pursuant to Section 1642-a and Article 2-B of the VTL.
On April 10, 2013, the Mayor issued a letter designating the DOT to promulgate rules to implement and enforce the intercity bus permit system, and DOT has subsequently promulgated such rules (the “DOT intercity bus permit system rules”), found at 34 RCNY §§ 4-01 and 4-10. The Mayor also designated the DOF and the ECB to promulgate rules setting forth fines or civil penalties for violations of the DOT intercity bus permit system rules.
In coordination with the DOT and the New York City Police Department (NYPD), both ECB and DOF intend to establish penalty schedules for violations of the DOT intercity bus permit system rules as part of a coordinated enforcement scheme. In a separate rulemaking, DOF will add civil penalties for the DOT intercity bus permit system rules returnable to the PVB.
In this rulemaking, ECB is proposing to amend its DOT penalty schedule to add new penalties for violations of the DOT intercity bus permit system rules adjudicated at ECB. In accordance with VTL Section 1642-a, the proposed amendments provide that a first offense will result in a civil penalty of $500. Each subsequent offense of the same violation occurring within two years after the first offense will result in a civil penalty of $2500. Prior offenses include violations of both the ECB and DOF enforcement codes.