NY Veh & Traf L § 1111-C (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 24 - Traffic Signs, Signals and Markings 1111-C - Owner Liability for Failure of Operator to Comply With Bus Lane Restrictions.

* § 1111-c. Owner liability for failure of operator to comply with bus lane  restrictions.  (a)  1. Notwithstanding any other provision of law, the city of New York is hereby authorized and empowered to  establish  a bus  rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator  thereof  to  comply  with  bus  lane restrictions  in  such  city  in  accordance with the provisions of this section. The New York city department of  transportation  or  applicable mass transit agency, for purposes of the implementation of such program, shall operate bus lane photo devices only within designated bus lanes in such  bus  rapid  transit  program.  Such  bus lane photo devices may be stationary or mobile and shall be activated at locations  determined  by such  department  of  transportation  and/or  on  buses selected by such department of transportation in consultation with  the  applicable  mass transit  agency,  however,  the  applicable mass transit agency may also install no less than fifty  mobile  bus  lane  photo  devices  on  buses operating  on  designated  bus  lanes  in such bus rapid transit program below 96th street in the borough of Manhattan, in consultation with  the New  York  city  department  of  transportation for the purposes of this section.   2. Any image or images captured by bus lane  photo  devices  shall  be inadmissible  in  any disciplinary proceeding convened by the applicable mass transit  agency  or  any  subsidiary  thereof  and  any  proceeding initiated  by  the  department  involving  licensure  privileges  of bus operators. Any mobile bus lane photo device mounted on a  bus  shall  be directed  outwardly from such bus to capture images of vehicles operated in violation of bus lane  restrictions,  and  images  produced  by  such device shall not be used for any other purpose in the absence of a court order requiring such images to be produced.   3.  The  city  of New York shall adopt and enforce measures to protect the privacy of  drivers,  passengers,  pedestrians  and  cyclists  whose identity and identifying information may be captured by a bus lane photo device.  Such measures shall include:  (i)  utilization  of  necessary  technologies to ensure, to the extent practicable, that images produced by such bus lane photo  devices  shall not  include  images  that  identify  the driver, the passengers, or the contents of the vehicle, provided, however, that no notice of  liability issued  pursuant  to  this  section shall be dismissed solely because an image allows for the identification of the  driver,  the  passengers  or other contents of a vehicle;  (ii)  a  prohibition  on the use or dissemination of vehicles' license plate information and other information and images captured by bus  lane photo  devices except: (A) as required to establish liability under this section or collect payment of penalties; (B) as required by court order; or (C) as otherwise required by law;  (iii)  the  installation  of  signage  at  regular  intervals   within restricted  bus  lanes  stating  that bus lane photo devices are used to enforce restrictions on vehicular traffic in bus lanes; and  (iv) oversight procedures to ensure compliance with the aforementioned privacy protection measures.   4. Within the city of New York, such bus lane photo devices  may  only be  operated  on  designated  bus lanes. Warning notices of violation be issued during the first sixty days  that  bus  lane  photo  devices  are operated  on  each  route  in  the  bus  rapid  transit  program that is established after June fifteenth, two thousand fifteen.  (b) If the city of New  York  has  established  a  bus  rapid  transit program  pursuant  to  subdivision  (a)  of this section, the owner of a vehicle shall be liable for a penalty imposed pursuant to  this  section if  such  vehicle was used or operated with the permission of the owner,  express or implied, in violation of any bus lane restrictions that apply to routes within such  program,  and  such  violation  is  evidenced  by information obtained from a bus lane photo device; provided however that no  owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has  been  convicted  of the underlying violation of any bus lane restrictions.  (c)  For  purposes of this section, the following terms shall have the following meanings:   1. "owner" shall have the meaning provided in article  two-B  of  this chapter.   2.  "bus  lane  photo  device"  shall mean a device that is capable of operating independently of an enforcement officer and  produces  one  or more  images  of each vehicle at the time it is in violation of bus lane restrictions.   3. "bus lane restrictions" shall  mean  restrictions  on  the  use  of designated  traffic lanes by vehicles other than buses imposed on routes within a bus rapid transit program by local law and signs erected by the department of transportation of a city that establishes such  a  program pursuant to this section.   4.  "Bus Rapid Transit Phase I plan" shall mean the following five bus rapid transit routes as designated by the New York  city  department  of transportation:  Fordham  Road,  First/Second  Avenue,  Nostrand Avenue, Thirty-Fourth Street, Hylan Boulevard, and an undesignated route in  the borough of Queens not to exceed ten miles.   5. "bus rapid transit program" shall mean routes designated by the New York   city  department  of  transportation  in  consultation  with  the applicable mass transit agency, in addition to  the  Bus  Rapid  Transit Phase  I  plan routes, that operate on designated bus lanes and that may include upgraded signage,  enhanced  road  markings,  minimum  bus  stop spacing,  off-board fare payment, traffic signal priority for buses, and any other enhancement that increases bus speed or reliability.   6. "designated bus lane" shall mean a lane dedicated for the exclusive use of buses with the exceptions allowed under 4-12(m) and 4-08(a)(3) of title 34 of the rules of the city of New York.  (d) A certificate, sworn to or affirmed by a  technician  employed  by the  city  in  which  the  charged  violation  occurred,  or a facsimile thereof,  based  upon  inspection  of   photographs,   microphotographs, videotape  or other recorded images produced by a bus lane photo device, shall be prima facie  evidence  of  the  facts  contained  therein.  Any photographs,   microphotographs,  videotape  or  other  recorded  images evidencing such a violation shall be available  for  inspection  in  any proceeding  to  adjudicate  the liability for such violation pursuant to this section.  (e) An owner liable for a violation of a bus lane restriction  imposed on  any  route  within  a  bus rapid transit program shall be liable for monetary penalties in accordance with a schedule of fines and  penalties promulgated  by  the  parking violations bureau of the city of New York; provided, however, that the monetary penalty for violating  a  bus  lane restriction  shall  not  exceed fifty dollars, one hundred dollars for a second offense within a twelve-month period, one hundred  fifty  dollars for  a  third  offense within a twelve-month period, two hundred dollars for a fourth offense within a twelve-month period, and two hundred fifty dollars for  each  subsequent  offense  within  a  twelve-month  period; provided,  further,  that  an  owner  shall  be liable for an additional penalty not to exceed twenty-five dollars for  each  violation  for  the failure  to  respond to a notice of liability within the prescribed time period.  (f) An imposition of liability pursuant to this section shall  not  be deemed  a  conviction  of  an operator and shall not be made part of the operating record of the person upon whom such liability is imposed,  nor shall  it  be  used  for  insurance  purposes  in the provision of motor vehicle insurance coverage.  (g) 1. A notice of liability shall be sent by first class mail to each person  alleged  to  be liable as an owner for a violation of a bus lane restriction. Personal delivery to the owner shall  not  be  required.  A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein.   2.  A  notice  of  liability shall contain the name and address of the person alleged to be liable as an owner for a violation of  a  bus  lane restriction,  the  registration  number  of the vehicle involved in such violation, the location where such violation took  place  including  the street  address  or  cross  streets,  one or more images identifying the violation, the date and time of such violation  and  the  identification number  of  the  bus  lane  photo device which recorded the violation or other document locator number.   3. The notice of liability  shall  contain  information  advising  the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain  a warning to advise the persons charged that failure to contest in the manner  and  time  provided  shall  be  deemed  an  admission  of liability and that a default judgment may be entered thereon.   4.  The notice of liability shall be prepared and mailed by the agency or agencies designated by the city of New  York,  or  any  other  entity authorized  by  such  city  to  prepare  and  mail  such notification of violation.   5. Adjudication of the liability imposed upon owners by  this  section shall be by the New York city parking violations bureau.  (h)  If  an owner of a vehicle receives a notice of liability pursuant to this section for any  time  period  during  which  such  vehicle  was reported  to  the police department as having been stolen, it shall be a valid defense to an allegation of liability for a  violation  of  a  bus lane  restriction  that  the  vehicle had been reported to the police as stolen prior to the  time  the  violation  occurred  and  had  not  been recovered  by  such time. For purposes of asserting the defense provided by this subdivision it shall be sufficient that a certified copy of  the police  report  on the stolen vehicle be sent by first class mail to the parking violations bureau of such city.  (i) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of liability  was  issued pursuant to subdivision (g) of this section shall not be liable for the violation of  a  bus  lane  restriction,  provided that:  (i)  prior  to  the  violation, the lessor has filed with such parking violations bureau in accordance  with  the  provisions  of  section  two hundred thirty-nine of this chapter; and  (ii)  within thirty-seven days after receiving notice from such bureau of the date and time of a liability, together with the other information contained in the original notice of liability,  the  lessor  submits  to such  bureau  the  correct name and address of the lessee of the vehicle identified in the notice of liability at the  time  of  such  violation, together with such other additional information contained in the rental, lease  or other contract document, as may be reasonably required by such bureau pursuant to regulations that may be promulgated for such purpose.   2. Failure to comply with subparagraph (ii) of paragraph one  of  this subdivision shall render the lessor liable for the penalty prescribed in this section.    3.  Where  the lessor complies with the provisions of paragraph one of this subdivision, the lessee  of  such  vehicle  on  the  date  of  such violation  shall  be deemed to be the owner of such vehicle for purposes of this section, shall  be  subject  to  liability  for  such  violation pursuant  to  this  section  and  shall  be  sent  a notice of liability pursuant to subdivision (g) of this section.  (j) If the owner liable for a violation of a bus lane restriction  was not  the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator.  (k) Nothing in this section shall be construed to limit the  liability of an operator of a vehicle for any violation of bus lane restrictions.  (l)  If  the city of New York adopts a bus rapid transit demonstration program pursuant to subdivision (a) of this section it  shall  submit  a report  on  the  results  of  the  use  of bus lane photo devices to the governor, the temporary president of the senate and the speaker  of  the assembly  by  April  first,  two  thousand  twelve  and  every two years thereafter. Such report shall include, but not be limited to:   1. a description of the locations and/or buses where  bus  lane  photo devices were used;   2.  the  total  number  of violations recorded on a monthly and annual basis;   3. the total number of notices of liability issued;   4. the number of fines and total amount of fines paid after the  first notice of liability;   5.   the   number  of  violations  adjudicated  and  results  of  such adjudications including breakdowns of dispositions made;   6. the  total  amount  of  revenue  realized  by  such  city  and  any participating mass transit agency;   7. the quality of the adjudication process and its results;   8. the total number of cameras by type of camera;   9.  the total cost to the city and the total cost to any participating mass transit agency; and   10. a detailed report on the bus speeds,  reliability,  and  ridership before  and  after implementation of the bus rapid transit demonstration program for each bus route, including current statistics.  (m) Any revenue from fines and penalties collected  pursuant  to  this section  from  any  mobile  bus  lane  photo  devices, not including any revenue shared with the city of New York pursuant to agreement shall  be remitted  by  the city of New York to the applicable mass transit agency on a quarterly basis to  be  deposited  in  the  general  transportation account  of the New York city transportation assistance fund established pursuant to section twelve hundred seventy-i of the  public  authorities law.   * NB Repealed September 20, 2025