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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 17, 2018
Proposed Rules Content: 

Statement of Basis and Purpose

 

During the 2014-15, 2015-16, 2016-17, and 2017-18 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation. Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2018-19 school year.

Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&Msolicitation, there was a school bus strike in January and February of 2013.

 

DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15, 2015-16, 2016-17, and 2017-18 grant programs successfully supported the employment of approximately 1200 school bus workers. This proposed rule continues the school bus employee grant program for the 2018-19 schoolyear.

Subject: 

Continuation of School Bus Grant Program

Location: 
New York City Department of Small Business Services
110 William Street 7th Floor
New York, NY 10038
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to promulgate rules regarding parking and traffic operations in the City by Section 2903(a) of the New York City Charter. The rules that DOT is amending are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to the “Traffic Rules and Regulations.”

The purpose of these rule amendments is to reflect simplified parking signage that DOT has implemented over the last few years as well as to make general clean-up amendments. Specifically, the amendments to Chapter 4 of Title 34 are the following:

• Section 4-01(b) is amended to add a new definition for “dedicated use signs”, and update the definition of “taxi” to include green taxis.

• Section 4-08(a)(1) is amended to clarify that standing is prohibited when a dedicated use sign is posted.

• Section 4-08(a)(6) is amended to delete obsolete references to parking meters.

• Sections 4-08(c), 4-08(d), and 4-08(k), 4-08(l), and 4-08(o) are amended to clarify and delete certain references to specific dedicated use signs.

• Sections 4-08(d), 4-08(l)(1), and 4-08(o) are amended to update certain references to “handicapped permits”; delete a reference to a painted blue line in the Blue Zone; and delete certain obsolete portions of the rules relating to IVPS system.

• Section 4-11(a)(3) is being repealed in its entirety as it is no longer applicable.

• Section 4-12(m) is amended to reflect bus lane restrictions as contemplated by Local Law 113 of 2013.
In response to comments received by DOT, the following changes have been made to the proposed rule, which are reflected in the adopted rules:

• Remove proposed language regarding parking at a taxi stand so as not to conflict with 35 RCNY §80-19(c)(3).
• Clarify that an authorized bus cannot park even in an assigned bus stop.
• Consistently use the term “for-hire vehicle stand” instead of “for-hire vehicle stop”.

Effective Date: 
Wed, 08/01/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE OF ADOPTION

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the

Commissioner of the Department of Small Business Services (the “Commissioner”) pursuant to

section 1301 of the New York City Charter and in accordance with the provisions of section

1043 of the New York City Charter that the Department of Small Business Services promulgates

and adopts Subchapter F of Title 66 of the Rules of the City of New York to govern the

administration of a program that provides grants to companies that provide school bus

transportation in order to encourage such companies to maintain the wages and benefits of those

employees who have had prior experience in the industry.

 

Written comments regarding the rules were received in accordance with the notice published in

the City Record on October 13, 2017 or electronically through NYC RULES at

www.nyc.gov/nycrules. A public hearing was held on November 15, 2017.

 

Statement of Basis and Purpose of Rule

During the 2014-15, 2015-16, and 2016-17 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2017-18 school year.

Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

 

DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15, 2015-16 and 2016-17 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2017-18 school year.

Effective Date: 
Sat, 01/13/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 17, 2017
Proposed Rules Content: 

Statement of Basis and Purpose

During the 2014-15, 2015-16, and 2016-17 school years, the Department of Small Business Services (DSBS) administered a grant program to support the employment of experienced school bus workers who have been impacted by changes in the Department of Education’s (DOE) contracts for school bus transportation.  Pursuant to the authority vested in DSBS by New York City Charter § 1301, DSBS is proposing a rule that would continue the grant program for the 2017-18 school year.

 

Since 1979, following a school bus strike, DOE’s school bus contracts included employee protection provisions (EPPs) requiring school transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers’ loss of DOE bus contract work and to pay such employees the same wages and benefits they had received prior to becoming unemployed.

 

Following the 2011 decision by the New York State Court of Appeals in L&M Bus Corp., et al., v. the New York City Department of Education, et al. (L&M), DOE did not include EPPs or similar provisions in solicitations for its school bus contracts. After the issuance of the first such post-L&M solicitation, there was a school bus strike in January and February of 2013. 

 

DSBS’s grant program, created by Local Law 44 of 2014, was designed to encourage school bus contractors providing transportation services to DOE to maintain the wages and benefits of those employees who had prior experience in the industry.  The 2014-15, 2015-16 and 2016-17 grant programs successfully supported the employment of approximately 1200 school bus workers.  This proposed rule continues the school bus employee grant program for the 2017-18 school year.

Subject: 

Continuation of School Bus Grant Program

Location: 
New York City Department of Small Business Services 7th Floor
110 William Street
New York, NY 10038
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

This is a Notice of Adoption of a Rule amendment relating to the assignment of bus stop permits by the New York City Department of Transportation.
Effective Date: 
Thu, 05/12/2016

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Friday, March 11, 2016
Proposed Rules Content: 

Rules to conduct a one-time random assignment of bus stop permits to sightseeing bus operators.

Subject: 

.

Location: 
NYCDOT - Bid Room
55 Water Street
New York, NY 10041
Contact: 

No contact

Proposed Rules: Closed to Comments (View Public Comments Received:6)

Agency:
Comment By: 
Tuesday, November 10, 2015
Proposed Rules Content: 

The New York City Department of Transportation (NYCDOT) is proposing to add a subdivision (g) to Section 4-10 of Chapter 4 of Title 34 of the Official Compilation of the rules of the City of New York to perform a one-time random assignment of bus stop permits to sightseeing bus operators.

Subject: 

.

Location: 
NYCDOT Bid Room
55 Water Street, Ground Floor
New York, NY 10041
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, June 3, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

The rules related to the Intercity Bus Permit System went into effect on July 25, 2013. The rules require intercity bus operators to apply for a permit from DOT in order to be assigned on-street bus stops in the City. The rules require applicants to pay a fee for each permit issued. The rules also require permit holders to mark their buses in accordance with specific guidelines so that customers and enforcement officers can readily identify them. Due to concerns raised by some bus operators, this rule will cap the permit fee to a maximum of $275 for each bus that is operated during the permit term and expand the methods by which intercity bus permit system permit holders may mark their buses for identification.

 

 

Subject: 

DOT Intercity Bus Permits

Location: 
NYCDOT
55 Water Street, Bid Room
New York, NY 10041
Contact: 

Thomas Maguire

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

 

The Commissioner of Transportation is authorized to promulgate rules regarding bus parking and traffic operations in the City pursuant to §2903(a) of the New York City Charter and pursuant to New York State Vehicle and Traffic Law §1642-a, which authorizes the City to establish an intercity bus permit system. In accordance with §1642-a, the Mayor designated the Department of Transportation to promulgate rules to implement the intercity bus permit system.

 

 

Background

 

The intercity bus industry has grown significantly over the last fifteen years, particularly as the rates of fare have dropped for travel between cities. Consequently, many bus companies have opted to operate from on-street bus stop locations, whether authorized by the City or not. This has created a concentration of on-street bus operations in particular areas of the City.

 

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. The proliferation of these buses in certain communities within the City has led to an increase in traffic and sidewalk congestion, a higher concentration of on-street bus parking in particular areas of the City, 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, the State Legislature adopted Vehicle and Traffic Law § 1642-a. Section 1642-a authorizes the City to establish an intercity bus permit system that would, among other things:

 

·        prohibit intercity buses from loading or unloading passengers on City streets, except at designated on-street bus stop locations;

·        require intercity bus owners and/or operators to submit an application for each proposed on-street bus stop location;

·        establish criteria for assigning on-street bus stop locations, including traffic considerations and the applicant’s preferences;

·        provide for consultation with the local Community Board and, where appropriate, the Metropolitan Transportation Authority and the Port Authority of New York and New Jersey;

·        authorize the Department of Transportation to issue intercity bus permits and to charge a fee;

·        provide for the relocation of an existing permitted on-street bus stop, upon 90-day notice to the permit holder and the local Community Board;

·        grandfather intercity buses that currently have designated on-street bus stop locations, by granting them a permit to continue to use those locations for up to three years;

 

These amendments to the traffic rules (Chapter 4 of Title 34 of the Official Compilation of the Rules of the City of New York) implement this permit system. The rules amend the definition of “bus” and “charter bus” in §4-01 of the traffic rules and add definitions for “chartered party,” “intercity bus,” and “public transportation” based on Vehicle and Traffic Law §1642-a.

 

Section 4-10 of the traffic rules, which governs buses, is amended to:

 

·        clarify that bus operators are only allowed to pick up and discharge passengers at on-street bus stops designated by the Commissioner for that operator and to provide that intercity buses do not fall into an exception to that provision;

·        modify subdivision d of §4-10 to establish the intercity bus permit system, in accordance with §1642-a. The existing text of subdivision d, which prohibits the operation of buses on streets except from a terminal, is deleted to reflect the establishment of the permit system; and

·         clarify that bus owners/operators that have been granted authorized on-street bus stops before the effective date of these amendments have a grace period of 30 days to submit an application for an intercity bus permit while continuing to use their current assigned on-street bus stop for a total period of up to 90 days while the permit application is processed.

 

 

Effective Date: 
Thu, 07/25/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Mon, 08/08/2011

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