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Proposed Rules: Open to Comments

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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of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and to simplify and update content to help support public understanding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: 

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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

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, July 20, 2017
Proposed Rules Content: 

The purpose of these proposed rule amendments is to implement a carshare parking pilot program at designated on-street and off-street locations. Carsharing 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.
Specifically, DOT proposes adding:
• requirement that carsharing 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 carsharing organizations pay a permit fee
• conditions of the carshare permit
• process by which a carshare permit is assigned
• data reporting requirements
The Department of Transportation’s authority for these rules is found in section 2903(a) of the New York City Charter and Title 19 of the New York City Administrative Code.

Subject: 

DOT amendment to Traffic Rules to implement a carshare parking pilot program

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

Alex Keating
Director of Special Project
DOT Transportation Planning and Management
212-839-9685

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The Staten Island Ferry currently requires that passengers board the ferry via the boarding doors on the ferry’s upper level, unless otherwise instructed. However, certain passengers (such as persons with disabilities that seriously impair their mobility) are also allowed to board the ferry via the boarding doors on the ferry’s lower level. These rules set forth the general boarding requirements, as well as the procedure for permitting lower level boarding access.

Effective Date: 
Thu, 04/20/2017

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 update provisions that require modifications due to
changes in the law and to add provisions reflecting updated parking requirements.

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

• Section 4-01(b) is amended to add the definition of “electronic communication device”, which
was originally located in Section 4-08(h)(11), and to add a new definition of “parking meter” and
“pedicab”. The definition for parking meter reflects the fact that the City no longer has single-
spaced meters, and therefore no longer needs to differentiate between single-spaced meters and
multi-spaced meters in the rules. The definition of “pedicab” mirrors the definition found in
section 19-171.2 of the New York City Administrative Code, as added by Local Law 31 of 2011.

• Section 4-08(a)(1) is amended to add a reference to pedicabs with respect to parking, standing
or stopping, mirroring section 19-171.2 of the Administrative Code.

• Section 4-08(a)(10) is deleted to remove obsolete language related to the use of notification
stickers on vehicles. Pursuant to section 19-163.2 of the Administrative Code, as added by Local
Law 20 of 2012, neither DOT nor the Department of Sanitation can affix notification stickers on any
motor vehicle solely in connection with the enforcement of alternate side parking rules.

• Section 4-08(a)(12) is deleted from the rules to reflect the fact that the in-vehicle-parking
system is no longer used within the City.

• Sections 4-08(h)(1), (2),(3), (4), and (5) are being replaced in their entirety with new
language to reflect updated parking requirements, such as the ability to pay for a parking session
via an authorized electronic communication device.

• Sections 4-08(h)(7), (10), (11) are deleted in their entirety to reflect the fact that single
spaced meters are no longer used in the City and that, pursuant to section 19-167.2 of the
Administrative Code, as added by Local Law 29 of 2012, parking meter receipts issued from one
parking meter zone may be used in in other parking meter zones of equal or lower rate structure
until the time
on such parking meter receipt has expired. The remaining paragraphs in the section are re- numbered
respectively.

• Sections 4-08(i)(3), 4-08(l)(3) and 4-08(l)(6) are amended to delete the term “muni-meter” and
replace it throughout the rules with the term “parking meter.”

• Section 4-08(p) is amended to reflect changes to the engine idling provisions pursuant to
section
24-163(f) of the Administrative Code, as added by Local Law 5 of 2009.

In response to comments received by the Department, the following changes were made to the proposed
rules, which are reflected in the adopted rules:

• Clarified section 4-08(h)(4) relating to the transfer of parking time by specifically noting
that this provision applies to payment via a receipt not an electronic communication device.
device.

Effective Date: 
Thu, 04/20/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Notice of Adoption of Traffic Rules related to pedestrian control signals. 

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of Transportation by Sections 1043 and 2903 of the New York City Charter and in accordance with Section 19-195 of the Administrative Code of the City of New York and the requirements of Section 1043 of the New York City Charter, that the Department of Transportation hereby amends subdivision (b) of Section 4-01, subdivisions (a) and (c) of Section 4-03, and subdivision (a) of Section 4-04 of Chapter 4 (“Traffic Rules and Regulations”) of Title 34 of the Rules of the City of New York.

 

These rules were first published on November 29, 2016, and a public hearing was held on December 29, 2016. 

 

Statement of Basis and Purpose of Adopted Rule

 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to make rules regarding pedestrian traffic in the City pursuant to Section 2903(a) of the New York City Charter.  

 

Local Law 115 of 2016 amended the New York City Administrative Code by adding a new Section 19-195 regarding pedestrian control signals.  

 

Based on the provisions of Section 19-195, this rule:

 

·        

Adds a new definition for the term “pedestrian countdown display” to Section 4-01(b) of Title 34.

 

·        

Conforms the provisions in Sections 4-03(a)(2)(ii) and 4-03(c) of Title 34, regarding traffic and pedestrian control signals and pedestrian right of way, to the newly enacted Local Law 115 of 2016.

 

·        

Corrects an internal cross-reference within Section 4-04(a) of Title 34.

 

In 2014, Mayor de Blasio launched the Vision Zero action plan – an ambitious plan to reduce traffic fatalities in New York City. Vision Zero accepts no traffic fatality as inevitable. Vision Zero allows government agencies, industry groups, key transportation stakeholders and the public to understand traffic crashes as the result of a series of actions that can be changed or prevented through enforcement, education and design.  The Mayor has signed several local laws to implement Vision Zero.  Each law mandates specific requirements for one or more of the agencies involved in directly implementing Vision Zero.  This adopted rule supports the goals of Vision Zero.

 

New material is underlined.

[Deleted material is in brackets.]

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

Adopted Rules

 

§ 1.      Subdivision (b) of section 4-01 of title 34 of the rules of the city of New York is amended by adding a new definition of “pedestrian countdown display” in alphabetical order to read as follows:

 

Pedestrian countdown display.  A “pedestrian countdown display” shall mean any automated digital reading used in a crosswalk that displays, at the beginning of the flashing upraised hand signal, the number of seconds remaining until the termination of such signal. 

 

§ 2.      Subparagraph (ii) of paragraph (2) of subdivision (a) of section 4-03 of title 34 of the rules of the city of New York is amended to read as follows:

 

(ii) Pedestrians facing such signal are [thereby warned] advised that there [is] may be insufficient time to cross the roadway[, and shall not enter or cross the roadway].  Pedestrians already in the roadway [shall] must proceed to the nearest safety island or sidewalk in the direction of such signal.

 

§ 3.      Subdivision (c) of section 4-03 of title 34 of the rules of the city of New York is amended to read as follows:

 

(c) Pedestrian control signals. Whenever pedestrian control signals are in operation, [exhibiting the words "WALK" and "DON'T WALK" successively, the international green or red hand symbols, figures] showing symbols of a walking person, upraised hand, or upraised hand with a pedestrian countdown display, or any other internationally recognized representation concerning the movement of pedestrians, such signals shall indicate as follows:

(1) [WALK, green hand symbol or green] Steady walking [figure] person.  Pedestrians facing such signal may proceed across the roadway in the direction of [the] such signal [in any crosswalk. Vehicular], and other traffic [shall] must yield the right of way to such pedestrians.

(2) Flashing [DON'T WALK, red] upraised hand [symbol] or [red standing figure] flashing upraised hand with pedestrian countdown display.  Pedestrians facing such signal are [warned] advised that there [is] may be insufficient time to cross the roadway [and no pedestrian shall enter or cross the roadway].  Pedestrians already in the roadway [shall] must proceed to the nearest safety island or sidewalk in the direction of such signal.  [Vehicular] Other traffic [shall] must yield the right of way to [such] pedestrians proceeding across the roadway within the crosswalk towards such signal for as long as such signal remains flashing.

(3) Steady [DON'T WALK red] upraised hand [symbol or red standing figure.  Pedestrians facing such signal shall not enter or cross the roadway].  No pedestrians shall start to cross the roadway in the direction of such signal; provided, however that any pedestrians who have partially completed their crossing on a steady walking person signal or any flashing upraised hand signal must proceed to the nearest sidewalk or safety island in the direction of such signal while such steady upraised hand signal is showing.

 

§ 4.  Subdivision (a) of section 4-04 of title 34 of the rules of the city of New York is amended to read as follows:

 

 

(a) Pedestrians subject to traffic rules, except as otherwise provided herein. Pedestrians shall be subject to traffic control signals and pedestrian control signals as provided in §§4-03(a) and [4-03(b)] 4-03(c) of these rules and to the lawful orders and directions of any law enforcement officer, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this section.

Effective Date: 
Sun, 02/19/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 8, 2017
Proposed Rules Content: 

The Staten Island Ferry currently requires that passengers board the ferry via the boarding doors on the ferry’s upper level, unless otherwise instructed. However, certain passengers (such as persons with disabilities that seriously impair their mobility) are also allowed to board the ferry via the boarding doors on the ferry’s lower level. These rules set forth the general boarding requirements, as well as the procedure for permitting lower level boarding access.

Subject: 

.

Location: 
DOT
55 Water Street Bid Room, Concourse Level
New York, NY 10041
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 31, 2017
Proposed Rules Content: 

The proposed rule updates provisions that have become obsolete because of changes in the law and adds provisions reflecting updated parking requirements.

Keywords:
Subject: 

DOT Amendment to Traffic Rules

Location: 
DOT Bid Room
55 Water Street Concourse Level
New York, NY 10041
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, December 29, 2016
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to make rules regarding pedestrian traffic 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 Chapter 4 (“Traffic Rules and Regulations”) of Title 34 of the Rules of the City of New York.

Local Law 115 of 2016 amends the New York City Administrative Code by adding a new Section 19-195 regarding pedestrian control signals. Based on the provisions of Section 19-195, this proposed rule:

• Adds a new definition for the term “pedestrian countdown display” to Section 4-01(b) of Title 34.

• Conforms the provisions in Sections 4-03(a)(2)(ii) and 4-03(c) of Title 34, regarding traffic and pedestrian control signals and pedestrian right of way, to the newly enacted Local Law 115 of 2016.

• Corrects an internal cross-reference within Section 4-04(a) of Title 34.

In 2014, Mayor de Blasio launched the Vision Zero action plan – an ambitious plan to reduce traffic fatalities in New York City. Vision Zero accepts no traffic fatality as inevitable. Vision Zero allows government agencies, industry groups, key transportation stakeholders and the public to understand traffic crashes as the result of a series of actions that can be changed or prevented through enforcement, education and design. The Mayor has signed several local laws to implement Vision Zero. Each law mandates specific requirements for one or more of the agencies involved in directly implementing Vision Zero. This proposed rule supports the goals of Vision Zero.

Subject: 

DOT Amendment to Traffic Rules -- Pedestrian Control Signals

Location: 
DOT
55 Water Street, Concourse Level, Bid Room
New York, NY 10041
Contact: 

James Celentano, P.E.
Project Manager
New York City Department of Transportation
34-02 Queens Boulevard, 2nd Floor
Long Island City, NY 11101

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Amendment of Highway Rules: Sections 2-01 through 2-09, 2-11 through 2-14, and 2-20.

Effective Date: 
Sun, 08/07/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Pursuant to Administrative Code of the City of New York § 19-157, the New York City Department of Transportation (“DOT” or “the Department”) adopts these rules in order to provide a regulatory framework for the Department’s pedestrian plazas.  

Since 2008, DOT’s Plaza Program has created high-quality public spaces in underutilized roadways throughout the City, especially in neighborhoods that lack open space.  The Department refers to such spaces as “pedestrian plazas.”  Currently, there are 53 pedestrian plazas open to the public and another 20 in planning or under construction.  These plazas range from major spaces like Times Square and Flatiron in Manhattan, which attract millions of visitors every year, to more local spaces like Diversity Plaza in Jackson Heights, Queens and Osborn Street Plaza in Brownsville, Brooklyn that function as neighborhood gathering places.

These rules codify the application process by which the Department currently designates most of its plazas and create a new proposal submission process.  Specifically, the rules detail how a proposal or application must be submitted, what documentation must be submitted with each proposal or application, and how DOT evaluates and selects each proposal or application.  In designating an area as a pedestrian plaza, DOT must consider, among other things: (1) the availability of and need for open space in surrounding areas; (2) the ability of DOT or the pedestrian plaza partner to properly maintain the plaza and develop programming; and (3) the relationship of the pedestrian plaza to surrounding land uses, traffic and pedestrian activity and safety.

The rules also set forth uniform rules, including a list of general, prohibited, and regulated uses, which will govern all pedestrian plazas unless the Department promulgates specific rules for any given plaza or any space within a plaza.    

Finally, the rules create specific rules for the “Times Square Pedestrian Plaza,” which is located along 12 blocks on Broadway from 41st Street to 53rd Street in Manhattan.  These Times Square-specific rules also affect the sidewalks directly adjacent to the Times Square Pedestrian Plaza.  The rules permit the addition of Pedestrian Flow Zones and Designated Activity Zones in order to safely and effectively manage one of the world’s most visited spaces.  Pedestrian Flow Zones are clear paths for the safe and continuous movement of pedestrian traffic and will be marked with reflective white tape and indicated by signs.  Designated Activity Zones are highly visible areas providing ample space for activities without impeding those passing through or those who simply wish not to participate in those activities.  Designated Activity Zones will be demarcated by colored pavement and indicated by signs.

In response to comments received by the Department, the following changes were made to the proposed rules, which are reflected in the adopted rules:

 ·        Added a definition for the new term “Designated Activities” to section 4-01;

·         Clarified the definition of “Designated Activity Zone” in section 4-01;

·         Modified pedestrian plaza application submission period for 2016 in section 4-16(a)(2)(ii);

·         Included notice requirement prior to pedestrian plaza designation in section 4-16(a)(2)(vi)(B);

·         Clarified sections 4-16(c)(10) and (11) to take into account existing penal law provisions;

·         Provided a list identifying the sidewalks directly adjacent to the Times Square Pedestrian Plaza in section 4-16(e)(2); and

·         Clarified the applicability of the Designated Activity Zones in the Times Square Pedestrian Plaza in section 4-16(e)(4).

 

Effective Date: 
Mon, 06/20/2016

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