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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, May 16, 2018
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue

rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York

City Charter. The rules that DOT is seeking to amend are contained within Chapters 3 and 4 of Title 34

of the Rules of the City of New York, relating to its Traffic Rules.

Local Law 91 of 2017 amends sections 10-157 and 10-157.1 of the New York City Administrative Code

(the “Admin. Code”) regarding bicycles used for commercial purposes. Based on these recent

amendments, the following changes to the Traffic Rules are being proposed:

  • Section 4-12(p)(4)(i) would be amended by adding a new definition of “bicycle operator” and

revising the definition of “business using a bicycle for commercial purposes”.

  • Section 4-12(p)(4)(ii) would be amended by deleting the bicycle safety poster posting

requirements in subparagraph (ii) and adding new registration requirements for a business

using a bicycle for commercial purposes that does not have a site within the city that is open

and available to the public.

  • Section 4-12(p)(4)(iii) – (vi) would be amended by revising the requirements for the bicycle

safety poster.

  • Section 3-01 would be amended by adding a new penalty to the Penalty Schedule.

This proposed rulemaking also includes plain language and other minor changes to Section 4-01

(“Words and phrases defined”) identified during the retrospective rules review conducted by the

Mayor’s Office of Operations with the City’s rulemaking agencies, the Law Department, and the

Office of Management and Budget.

Subject: 

.

Location: 
55 Water Street, Concourse Level Entrance is located on the SE corner of 55 Water St facing the Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

No contact

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Tuesday, May 22, 2018
Proposed 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 seeking to amend are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to “Traffic Rules and Regulations.”

 

The purpose of these proposed rule amendments is to make clear that misuse of certain parking permits is a violation of DOT rules.

 

The amendments to Chapter 4 of Title 34 are detailed more specifically below:

 

·        

Section 4-08(a)(1) is amended to clarify that agency vehicles must follow parking rules.

·        

Section 4-08(o)(3) is amended to clarify eligibility for agency-authorized permits.

·        

Section 4-08(o)(3) is amended to add a violation for misuse of an agency-issued parking permit as a separate violation of DOT rules.

·        

Section 4-08(o)(3) is amended to add a violation for use of a fraudulent parking permit as a separate violation of DOT rules.

The New York City Department of Transportation’s authority for these rules is found in section 1043 and 2903(a) of the New York City Charter.

Subject: 

.

Location: 
55 Water Street, Concourse Level Entrance to Bid Room is located on the SE corner of 55 Water St facing the Vietnam Memorial Plaza
New York, NY 10041
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, February 5, 2018
Proposed 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 seeking to amend 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 proposed 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.

Subject: 

DOT proposed rule amending the traffic rules to reflect current parking signage and a clarification on bus lanes.

Location: 
DOT Bid Room
55 Water Street, Concourse Level Bid Room is located on the SE corner of 55 Water St facing the NYC Vietnam Veterans Memorial Plaza.
New York, NY 10041
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The use of sealed shipping containers for the transportation of goods has led to a global transformation of maritime shipping operations. The efficiency and security afforded by sealed shipping containers has remained an important factor in choice of seaports and the availability of container servicing facilities and jobs. Access to the port facilities is a major determinant of the sustainable growth and development of port regions and the roadway transportation systems leading to the ports must be adequate to accommodate the container loads. Trucks hauling sealed shipping containers from New Jersey across the Goethals Bridge to the Howland Hook Global Container Terminal (GCT) in Staten Island require a route that can safely accommodate this sealed shipping container cargo without adversely impacting roadways and neighborhoods that are not designed for this cargo. The Howland Hook GCT supports approximately 300 well-paid jobs, moves 150,000 containers each year, and is the City and State’s largest international cargo gateway. Due to roadway design and geometric constraints, existing New York City Department of Transportation (NYCDOT) regulations prohibit trucks weighing more than 80,000 pounds and trucks that are longer than 55 feet in total length from using portions of certain highways, except when they receive appropriate permit(s). The current regulations put the Howland Hook GCT and the greater New York City area at a disadvantage when competing against other seaports in the area for maritime-based jobs and economic activity even as investments in modern crane lifts and container handling equipment are being made, and channel dredging for improved access to the port is underway. This rule supports the growth of maritime cargo jobs in New York City. This rule expands the transportation network through designated routes in Staten Island to permit trucks hauling sealed shipping containers to operate safely and legally on New York City streets. It provides a clearly defined, safe route for drivers to haul sealed containers to and from Howland Hook GCT, exclusively using specified highways and streets. Additionally, it permits trucks that are up to 73-1/2 feet in length that are carrying sealed shipping containers to weigh up to 90,000 pounds to utilize the specified route DOT’s rules are not affected by these amendments with respect to the existing prohibition on trucks with overweight and oversized trailers from being operated on any non-designated highway or street in New York City, such as destinations off the designated routes in Staten Island. Moreover, loads transported across streets and structures not regulated by New York City may still require additional authorization. The Department of Transportation’s authority for these rules is found in section 2903(a) of the New York City Charter and sections 385 and 1642 of the New York State Vehicle & Traffic Law. In response to comments received by DOT, the added subparagraphs (ix) and (xv) of paragraph 1 of subdivision (j) have been revised to provide more particularity in describing the routes designated in such subparagraphs, i.e., “Western Avenue” and “Gulf Avenue”, respectively. These changes are reflected in the adopted rules.

Effective Date: 
Sat, 01/20/2018

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, December 6, 2017
Proposed Rules Content: 

The use of sealed shipping containers for the transportation of goods has led to a global transformation of maritime shipping operations. The efficiency and security afforded by sealed shipping containers has remained an important factor in choice of seaports and the availability of container servicing facilities and jobs. Access to the port facilities is a major determinant of the sustainable growth and development of port regions and the roadway transportation systems leading to the ports must be adequate to accommodate the container loads.
Trucks hauling sealed shipping containers from New Jersey across the Goethals Bridge to the Howland Hook Global Container Terminal (GCT) in Staten Island require a route that can safely accommodate this sealed shipping container cargo without adversely impacting roadways and neighborhoods that are not designed for this cargo. The Howland Hook GCT supports approximately 300 well-paid jobs, moves 150,000 containers each year, and is the City and State’s largest international cargo gateway.
Due to roadway design and geometric constraints, existing New York City Department of Transportation (NYCDOT) regulations prohibit trucks weighing more than 80,000 pounds and trucks that are longer than 55 feet in total length from using portions of certain highways, except when they receive appropriate permit(s). The current regulations put the Howland Hook GCT and the greater New York City area at a disadvantage when competing against other seaports in the area for maritime-based jobs and economic activity even as investments in modern crane lifts and container handling equipment are being made, and channel dredging for improved access to the port is underway. The proposed rule would support the growth of maritime cargo jobs in New York City.

The proposed rule would expand the transportation network through designated routes in Staten Island to permit trucks hauling sealed shipping containers to operate safely and legally on New York City streets. It would:
 Provide a clearly defined, safe route for drivers to haul sealed containers to and from Howland Hook GCT, exclusively using specified highways and streets; and
 Permit trucks that are up to 73-1/2 feet in length that are carrying sealed shipping containers to weigh up to 90,000 pounds to utilize the specified route.

DOT’s rules would not be affected by these proposed amendments with respect to the existing prohibition on trucks with overweight and oversized trailers from being operated on any non-
designated highway or street in New York City, such as destinations off the designated routes in Staten Island. Moreover, loads transported across streets and structures not regulated by New York City may still require additional authorization.
The Department of Transportation’s authority for these rules is found in section 2903(a) of the New York City Charter and sections 385 and 1642 of the New York State Vehicle & Traffic Law.

Subject: 

.

Location: 
55 Water Street, Bid Room, Concourse Level Bid Room is located on the SE corner of 55 Water St facing the NYC Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Laws 105 and 107 for the year 2016 amended Article 504 of Chapter 5 of Title 28 of the New York City Administrative Code and became effective on September 28, 2016. This rule amends the existing rules relating to bicycle access in office buildings as set forth in Section 2-19 of Chapter 2 of Title 34 of the Rules of the City of New York, and reflects the changes adopted by Local Laws 105 and 107. In general, it was the purpose of these new laws to expand the opportunities for people to use bikes in New York City.

The amendments to Section 2-19 of Chapter 2 of Title 34 are as follows:

• Section 2-19(a) is amended by deleting definitions of “accessible level” and “control”, and adding new definitions of “foldable bicycle” and “owner”.

• Section 2-19(b) is amended by adding new requirements for the bicycle access plan, such as providing at least one freight elevator that enhances the opportunities for residents to transport their bicycles to and from buildings.

• Section 2-19(c), (d), (e) and (g) are amended by updating requirements for amendments to a bicycle access plan, exceptions to the requirement of providing a bicycle access plan, exception or denial determination and the filing of a bicycle access plan.

• Section 2-19(f) is amended by adding new requirements regarding posting of a bicycle access plan indicating when other tenants or subtenants are entitled to access.

• Section 2-19(h) and (i) are amended by adding new provisions regarding foldable bicycle access and emergencies that restrict bicycles or foldable bicycles from being transported.

• Section 2-19(j) is amended by adding a new provision regarding a building owner’s ability to restrict or limit bicycle access under the bicycle access plan, if an owner is issued a violation that results from storage of a bicycle in an area of such building that is under the control of a tenant or subtenant.

Effective Date: 
Sat, 11/04/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The DOT Commissioner is authorized by Section 2903(a) of the New York City Charter and Title 19 of the New York City Administrative Code to promulgate rules regarding parking and traffic operations in the City. The rule that DOT is adopting is contained within Chapter 4 of the Title 34 of the Rules of the City of New York relating to its Traffic Rules and Regulations.

The purpose of this new rule is to implement a carshare parking pilot program at designated on-street and off-street locations.

Carshare is a program involving vehicles that are owned or leased by organizations whose members rent these vehicles for short periods of time, and provides these members access to a car without the expense of car ownership. By designating parking locations specifically for carshare vehicles of these organizations, this new rule would expand access to carshare and provide an affordable mobility option to more New Yorkers.

Research in other cities shows that carshare programs reduce personal car ownership and vehicle miles travelled among carshare members. Fewer cars on the road and fewer vehicle miles travelled means less congestion, as well as lower carbon emissions and air pollution—key priorities of the City’s OneNYC Plan, which sets measurable goals for a strong, sustainable, resilient and equitable city. In accordance with Local Law No. 47, DOT will evaluate the impact of the pilot program on car ownership rates, mobility, and other relevant factors, including the potential of the pilot to reduce neighborhood parking demand.

The details describing the new rule reflect the following the program’s key components:
• requirement that carshare organizations apply for permits allowing the use of dedicated parking spaces, either on-street or in a municipal parking facility, within carshare parking zones
• requirement that carshare organizations pay a permit fee
• conditions of the carshare permit
• process by which a carshare permit is assigned
• data reporting requirements

In response to comments received by DOT, the following changes have been made to the proposed rule, which are reflected in the adopted rules:

• For clarification purposes, a definition of “equity parking space” has been added, and the definition of “hand control adapted carshare vehicle” has been modified.
• The use of the term “carshare” instead of “carsharing” has been adopted throughout the rule.
• The requirement of attaining an average of 27 miles per gallon (MPG) by all participating carshare vehicles has been removed.
• The conditions under which DOT can decline to issue a permit have been clarified.
• The conditions of a carshare permit have been streamlined, including removing the requirement that carshare organizations not move vehicles from garages or other spaces to the designated on street spaces.
• The paragraph relating to assignments for carshare parking spaces in municipal parking facilities has been re-organized.
• The “Round 3” of the assignment process for on-street carshare parking spaces has been revised.
• Maintenance area size has been reduced from 15 feet to 10 feet.
• The paragraph relating to the relocation of impermissibly parked vehicles has been simplified.

Effective Date: 
Wed, 10/11/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The Commissioner of DOT is authorized to promulgate rules regarding parking and traffic operations and highway operations in the City pursuant to Sections 1043 and 2903 of the New York City Charter. The rule that DOT is adding is contained within new Chapter 3 of Title 34 of the Rules of the City of New York relating to DOT’s Penalty Schedule.

The purpose of this rule is to:
• relocate the Department of Transportation (DOT) Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH/ECB) rules in Chapter 3 of Title 48 of the Rules of the City of New York to DOT’s rules in Title 34 of the Rules of the City of New York;
• update the schedule as needed to reflect recently adopted rules and changes to the law; and
• provide clearer, more concise language including by replacing abbreviations ‘w/o’ and ‘s/w’ with ‘without’ and ‘sidewalk’, respectively.

Although OATH/ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, enforcement agencies like DOT have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same title as the rules supporting the violations alleged in the summonses. Finally, the rule relocation will speed up the rulemaking process by eliminating the need for OATH/ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (CAPA) rulemaking process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and to simplify and update content to help support public understanding and compliance. The repeal and relocation of 48 RCNY § 3-124, the current rule containing OATH/ECB’s DOT penalty schedule, was identified as meeting the criteria for this initiative.

In addition to being relocated into Title 34 of the Rules of the City of New York, the DOT penalty schedule is updated to add new penalties and default amounts for the following: Administrative Code sections 19-151, 19-176.2, 19-191, 19-196 as well as sections 2-07(a)(2), 2-07(b)(2), 2-09(g)(1)(i), 2-11(c)(1)(iii), 2-11(e)(10)(vii), 2-11(e)(10)(viii), 2-11 (e)(12)(ix),
2-20(q)(7), and 4-16 of the Rules of the City of New York (RCNY). These new penalty amounts range from $250 to $20,000.

The descriptions for the following sections are updated to reflect recently adopted language: 2-11(e)(2), 2-11(e)(11)(iv), 2-11(e)(13)(vi), 2-11(e)(16)(iii), 2-11(f)(4)(v). The penalties for these sections have not been changed.

Effective Date: 
Sun, 10/01/2017

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, September 12, 2017
Proposed Rules Content: 

Local Laws 105 and 107 for the year 2016 amended Article 504 of Chapter 5 of Title 28 of the New York City Administrative Code and became effective on September 28, 2016. This proposed rule would amend the existing rules relating to bicycle access in office buildings as set forth in Section 2-19 of Chapter 2 of Title 34 of the Rules of the City of New York, and reflects the changes adopted by Local Laws 105 and 107. In general, it was the purpose of these new laws to expand the opportunities for people to use bikes in New York City.

The proposed amendments to Section 2-19 of Chapter 2 of Title 34 are as follows:

• Section 2-19(a) would be amended by deleting definitions of “accessible level” and “control”, and adding new definitions of “foldable bicycle” and “owner”.

• Section 2-19(b) would be amended by adding new requirements for the bicycle access plan, such as providing at least one freight elevator that enhances the opportunities for residents to transport their bicycles to and from buildings.

• Section 2-19(c), (d), (e) and (g) would be amended by updating requirements for amendments to a bicycle access plan, exceptions to the requirement of providing a bicycle access plan, exception or denial determination and the filing of a bicycle access plan.

• Section 2-19(f) would be amended by adding new requirements regarding posting of a bicycle access plan indicating when other tenants or subtenants are entitled to access.

• Section 2-19(h) and (i) would be amended by adding new provisions regarding foldable bicycle access and emergencies that restrict bicycles or foldable bicycles from being transported.

• Section 2-19(j) would be amended by adding a new provision regarding a building owner’s ability to restrict or limit bicycle access under the bicycle access plan, if an owner is issued a violation that results from storage of a bicycle in an area of such building that is under the control of a tenant or subtenant.

Subject: 

DOT Amendment to Bicycles in Buildings Rule

Location: 
NYC Department of Transportation
55 Water Street, Bid Room, Concourse Level Entrance is located at the SE corner of 55 Water Street facing the Vietnam Veterans Memorial Plaza
NY, NY 10041
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 31, 2017
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation is authorized to issue rules regarding parking and traffic operations and highway operations in the City pursuant to Sections 1043 and 2903 of the New York City Charter.

The purpose of the proposed rule is to:
• relocate the Department of Transportation (DOT) Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH/ECB) rules in Chapter 3 of Title 48 of the Rules of the City of New York to DOT’s rules in Title 34 of the Rules of the City of New York;
• update the schedule as needed to reflect recently adopted rules and changes to the law; and
• provide clearer, more concise language including by replacing abbreviations ‘w/o’ and ‘s/w’ with ‘without’ and ‘sidewalk’, respectively.

Although OATH/ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, enforcement agencies like DOT have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for OATH/ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (CAPA) rulemaking process. The public will still have the opportunity to comment on proposed penalties during this process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and to simplify and update content to help support public understanding and compliance. The proposed repeal of 48 RCNY § 3-124, the current rule containing OATH/ECB’s DOT penalty schedule, was identified as meeting the criteria for this initiative.

In addition to being relocated into Title 34 of the Rules of the City of New York, the DOT penalty schedule has been updated to add new penalties and default amounts for the following: Administrative Code sections 19-151, 19-176.2, 19-191, 19-196 as well as sections 2-07(a)(2), 2-07(b)(2), 2-09(g)(1)(i), 2-11(c)(1)(iii), 2-11(e)(10)(vii), 2-11(e)(10)(viii), 2-11 (e)(12)(ix),
2-20(q)(7), and 4-16 of the Rules of the City of New York (RCNY). These new penalty amounts range from $250 to $20,000.

The descriptions for the following sections have been updated to reflect recently adopted language: 2-11(e)(2), 2-11(e)(11)(iv), 2-11(e)(13)(vi), 2-11(e)(16)(iii), 2-11(f)(4)(v). The penalties for these sections have not been changed.

Subject: 

.

Location: 
DOT Bid Room
55 Water Street Entrance to the Bid Rm is on the SE corner of 55 Water St facing the Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

No contact

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