Bus Lane Restriction Program

Effective date: August 10, 2024

Proposed Rule Full Text
DOF-Proposed-Rules-Bus-Lane-Violations-Program-1111-c-1.pdf

Adopted Rule Full Text
Final-After-Public-Hearing-DOF-Adopted-Rules-Bus-Lane-Violations-Program-1111-c-1.pdf

Adopted rule summary:

Section 39-18 of title 19 of the Rules of the City of New York (“Rule 39-18”) sets forth the penalties, form of notice of liability and adjudication procedures for notices of liability issued pursuant to section 1111-c of the Vehicle and Traffic Law (“VTL”), which authorizes the City of New York to establish a program imposing liability on owners of vehicles for certain traffic violations recorded by bus lane photo devices. VTL section 1111-c provides that adjudications of liability under such section shall be by the New York City Parking Violations Bureau (“PVB”), which is within the Department of Finance. Part MM of chapter 56 of the laws of 2023 (the “Law”) amends the VTL to add a new section 1111-c-1 authorizing the City of New York to establish a new program to impose liability upon an owner of a vehicle for failure of an operator of such vehicle to comply with certain “bus operation-related traffic regulations” recorded by means of bus operation-related photo devices. “Bus operation-related traffic regulation” is defined in the Law to include four specific provisions of chapter 4 of title 34 of the RCNY relating to restrictions on stopping, parking, or standing in or near bus lanes, bus stops, or bicycle lanes. The Law authorizes PVB to promulgate a schedule of fines and penalties for violations of bus operation-related traffic regulations, sets forth the maximum allowable amounts of such penalties, establishes minimum requirements relating to notices of liability issued pursuant to section 1111-c-1, and authorizes PVB to adjudicate such notices of liability. The Law also amends subdivision (e) of VTL section 1111-c to replace uses of the term “offense” with “violation,” among other changes. In accordance with the Law, the New York City Department of Transportation (“DOT”) will implement the bus operation-related photo device program in conjunction with the Metropolitan Transportation Authority (“MTA”). DOT will send notices of liability to registered vehicle owners and transmit information relating to such notices of liability to PVB. Section one of this rule amends Rule 39-18 to replace uses of the term “offense” with “violation,” and to change a reference to the Director of Adjudications to the Director of PVB. Section two of this rule amends chapter 39 of title 19 of the RCNY to add a new section 39-24 to set forth the penalties, the form of notice of liability and the adjudication procedures for notices of liability issued pursuant to section 1111-c-1 of the VTL, in accordance with such section. Such adjudication procedures are consistent with the existing procedures for notices of liability issued pursuant to VTL section 1111-c.