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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, November 21, 2013
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

New York State has adopted Vehicle and Traffic Law (VTL) Section 1180-b, effective August 30, 2013, which authorizes the City to establish a demonstration program implementing photo speed violation monitoring systems to record maximum speed limit violations in school speed zones. Subdivision (e) of VTL Section 1180-b authorizes the Parking Violations Bureau (PVB), a division of the New York City Department of Finance (DOF), to promulgate a schedule of fines and penalties for such violations. Subdivision (g) establishes requirements for the notice of liability.  Subdivision (h) authorizes the PVB to adjudicate violations under Section 1180-b. 

 

Speeding violations are often a significant factor in accidents which result in death or injury. Under VTL Section 1180-b, vehicle operators who exceed the speed limit in school zones and who are recorded by a photo speed violation monitoring system will receive a summons for the violation. VTL Section 1180-b enables the City to use technology to improve the safety and quality of life of motorists and pedestrians by reducing speeding in school zones. 

 

The New York City Department of Transportation (DOT) will implement the demonstration program.  DOT will maintain the photo speed violation monitoring systems, send notices of liability to motorists, and transmit information relating to violations to DOF.  The proposed amendment establishes penalties for such violations, provides requirements for the notice of liability, and authorizes the PVB to adjudicate allegations of liability.

 

DOF’s authority for the proposed rule is found in sections 389(b) and 1043 of the
New York City Charter and section 1180-b of the Vehicle and Traffic Law.

 

Subject: 

Proposed Amendment to Rules Relating to Photo Speed Violation Monitoring Systems

Location: 
DOF Hearing Room, 3rd Floor
345 Adams St.
Brooklyn, NY 11201
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

On June 21, 2010, the New York State Legislature amended § 282 of the Multiple Dwelling Law to increase the maximum fine amount that the Loft Board may impose for violations of its rules from $1,000 to $17,500 per violation. The Loft Board is now proposing to amend its penalties for violations of its rules in accordance with § 282 by adding a new § 2-11.1 to Title 29 of the Rules of the City of New York.

 

The rule establishes a fine schedule for violations of the Loft Board rules under § 2-01 (Code Compliance), § 2-01.1 (Reasonable and Necessary Action), § 2-02 (Harassment), § 2-05 (Registration), § 2-07 (Sale of Improvements), and § 2-10 (Sale of Rights) of Title 29 of the Rules of the City of New York, including fines for subsequent violations. Sections 2-01.1 and 2-05 are also being amended to conform to the new fine amounts in § 2-11.1.

 

 

Effective Date: 
Wed, 09/11/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, October 3, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

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. 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 DOF and ECB intend to establish penalty schedules for violations of the DOT intercity bus permit system rules as part of a coordinated enforcement scheme. In this rulemaking, DOF will amend 19 RCNY § 39-05 to add civil penalties for such DOT violations returnable to the PVB. Violations of such enforcement codes will result in a civil penalty of $500 for each violation. It is anticipated that in a separate rulemaking, ECB will amend its DOT penalty schedule to include enforcement codes resulting in a civil penalty for first violations and enhanced penalties for repeat violators of the DOT intercity bus permit system rules, including violators of the DOF enforcement codes.

 

Violations of the DOT Intercity Bus Permit System Rules

 

These proposed amendments to the DOT penalty schedule for offenses adjudicated at PVB involve the following violations of the DOT intercity bus permit system rules:

 

- Unauthorized passenger pickup or discharge in violation of 34 RCNY §410(c)(1)

The intent of implementing an intercity bus permit system is to ensure that intercity bus operators utilizing the City’s curb space inform the DOT of their intended operations, and, once approved for such operations, adhere to permit requirements. In applying for a permit, bus operators will provide DOT with important information related to overall bus operations within the City necessary for administration of the program.

 

- Failure of an intercity bus permit holder to prominently display a copy of an intercity bus permit in violation of 34 RCNY § 4-10(d)(7)(ii)

The prominent display of a copy of the intercity bus permit is necessary to assure that enforcement officers are easily able to identify buses with valid authorization to utilize the City’s curb space.

 

- Failure of an intercity bus permit holder to properly display the operator’s name, address and telephone number in violation of 34 RCNY § 4-10(d)(7)(iii)

The operator’s name, address, and telephone number must be affixed in characters at least five inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels. The operator’s name, address, and telephone number are necessary to ensure that enforcement officers are easily able to identify buses with valid authorization to utilize the City’s curb space.

 

- Unlawful stopping or standing in an assigned on-street bus stop location except when actively engaged in the pick-up or discharge of passengers by an intercity bus permit holder in violation of 34 RCNY § 4-10(d)(7)(v)

Intercity bus permits are for the temporary utilization of curb space by approved bus operators in order to expeditiously pick up or discharge passengers. This code is necessary to ensure that permittees do not park or stand their vehicles in curb space and thereby create layover spaces in bus stops not intended for longer-term stops.

 

- Altering an intercity bus permit in violation of 34 RCNY § 4-10(d)(7)(vi)

Prohibiting the alteration of an intercity bus permit is necessary to ensure that enforcement officers have the ability to easily determine whether permittees are adhering to permit requirements.

 

 

Subject: 

Opportunity to comment on proposed amendment to the Rules Relating to Intercity Bus Permit System

Location: 
345 Adams Street, 3rd Floor
Brooklyn, NY 11201
Contact: 

Beth Goldman
Deputy Commissioner for Legal Affairs
345 Adams Street, 3rd Floor
Brooklyn, New York 11201
GoldmanBeth@Finance.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, July 12, 2011
Proposed Rules Content: 

 

 

 Please see the NYCLB website for the complete text of the proposed rule.

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, May 16, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

On June 21, 2010, the New York State Legislature amended Section 282 of the Multiple Dwelling Law to increase the maximum fine amount that the Loft Board may impose for violations of its rules from $1,000 to $17,500 per violation. The Loft Board is now proposing to amend its penalties for violations of its rules in accordance with § 282 by adding a new section 2-11.1 to Title 29 of the Rules of the City of New York. The proposed rule outlines a fine schedule to provide both IMD owners and occupants in IMD buildings guidance about the potential fine for a violation of the Loft Board rules. The proposed rule also shows the potential fine if a party is found to have violated the same Loft Board rule previously.

 

Specifically, section 2-11.1 creates a fine schedule for violations of Loft Board rules § 2-01 (Code Compliance), § 2-01.1 (Reasonable and Necessary Action), § 2-02 (Harassment), § 2-05 (Registration), § 2-07 (Sale of Improvements), and § 2-10 (Sale of Rights) of Title 29 of the Rules of the City of New York. Sections 2-01.1 and 2-05 are also being amended to conform to the fine amounts in the proposed rule § 2-11.1.

 

 

Subject: 

Opportunity to comment on proposed rule Section 2-11.1, which relates to Loft Board fines.

Location: 
22 Reade Street 1st Floor Spector Hall
New York, NY 10007
Contact: 

New York City Loft Board
280 Broadway
3rd Floor
New York, NY 10007
(212) 566-5663

Download Copy of Proposed Rule (.pdf):