2023 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.  (i)  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:
(A)  utilization  of  necessary  technologies to ensure, to the extent
practicable, that  photographs,  microphotographs,  videotape  or  other
recorded  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 such a
photograph, microphotograph, videotape or other  recorded  image  allows
for the identification of the driver, the passengers, or the contents of
a vehicle where the city shows that it made reasonable efforts to comply
with the provisions of this paragraph in such case;
(B)  the installation of signage that is clearly visible to drivers at
regular intervals along and adjacent to bus lanes  stating  that  mobile
and/or  stationary  bus  lane photo devices are used to enforce bus lane
restrictions, in conformance with standards established  in  the  MUTCD;
and
(C)  oversight  procedures  to  ensure  compliance  with  the  privacy
protection measures under this subdivision.
(ii) Photographs, microphotographs, videotape or  any  other  recorded
image from a bus lane photo device shall be for the exclusive use of the
city  of  New  York  for  the  purpose  of the adjudication of liability
imposed pursuant to this section and of the owner receiving a notice  of
liability  pursuant to this section, and shall be destroyed by such city
upon the final resolution of the  notice  of  liability  to  which  such
photographs,   microphotographs,  videotape  or  other  recorded  images
relate, or one year following the date of issuance  of  such  notice  of
liability,  whichever  is  later.  Notwithstanding the provisions of any

other  law,  rule  or   regulation   to   the   contrary,   photographs,
microphotographs,  videotape or any other recorded image from a bus lane
photo device shall not be open to the public, nor subject  to  civil  or
criminal  process  or discovery, nor used by any court or administrative
or adjudicatory body in any action or  proceeding  therein  except  that
which  is necessary for the adjudication of a notice of liability issued
pursuant to this section, and no public entity or employee,  officer  or
agent   thereof  shall  disclose  such  information,  except  that  such
photographs, microphotographs, videotape or any  other  recorded  images
from such systems:
(A) shall be available for inspection and copying and use by the motor
vehicle   owner   and   operator   for  so  long  as  such  photographs,
microphotographs, videotape or other recorded images are required to  be
maintained or are maintained by such public entity, employee, officer or
agent; and
(B)  (1)  shall be furnished when described in a search warrant issued
by a court authorized to issue such a search warrant pursuant to article
six hundred ninety of the criminal procedure  law  or  a  federal  court
authorized  to issue such a search warrant under federal law, where such
search warrant states that there is reasonable  cause  to  believe  such
information  constitutes  evidence  of,  or tends to demonstrate that, a
misdemeanor or felony offense was committed in  this  state  or  another
state,  or  that a particular person participated in the commission of a
misdemeanor or felony offense in this state or another state,  provided,
however, that if such offense was against the laws of another state, the
court  shall only issue a warrant if the conduct comprising such offense
would, if occurring in this state, constitute a  misdemeanor  or  felony
against the laws of this state; and
(2) shall be furnished in response to a subpoena duces tecum signed by
a  judge  of  competent  jurisdiction and issued pursuant to article six
hundred ten of the criminal procedure law or a judge or magistrate of  a
federal  court  authorized  to  issue  such a subpoena duces tecum under
federal law, where the judge finds and the subpoena states that there is
reasonable cause to believe such information is relevant and material to
the prosecution, or the defense, or the investigation by  an  authorized
law  enforcement official, of the alleged commission of a misdemeanor or
felony in this state or another state, provided, however, that  if  such
offense  was against the laws of another state, such judge or magistrate
shall only issue such subpoena if the conduct  comprising  such  offense
would, if occurring in this state, constitute a misdemeanor or felony in
this state; and
(3)  may,  if lawfully obtained pursuant to this clause and clause (A)
of this subparagraph and otherwise admissible, be used in such  criminal
action or proceeding.
(iii) The demonstration program authorized pursuant to this section is
prohibited  from  utilizing  and  from  arranging for the utilization of
biometric identifying technology, including but not  limited  to  facial
recognition  technology,  for  any purpose. The use, and the arrangement
for the use, of biometric  identifying  technology,  including  but  not
limited    to    facial    recognition   technology,   on   photographs,
microphotographs,  videotape,  or  any  other  recorded  image  or  data
produced  by a bus lane photo device, by any person for any purpose, are
prohibited. For purposes of this subparagraph, "person"  shall  include,
but  not  be limited to, a human being, a public or private corporation,
an  unincorporated  association,  a  partnership,  a  government  or   a
governmental   instrumentality,   a   court   or  an  administrative  or
adjudicatory  body,  and  any  employee,  officer,  and  agent  of   the
foregoing.
(iv)  Any  applicable  mass  transit  agency  operating bus lane photo
devices  shall   be   prohibited   from   accessing   any   photographs,
microphotographs,  videotapes,  other  recorded  images or data from bus
lane photo devices but shall provide, pursuant to an agreement with  the
city  of  New  York,  for  the  proper  handling  and  custody  of  such
photographs, microphotographs, videotapes,  other  recorded  images  and
data   produced  by  such  systems,  and  for  the  forwarding  of  such
photographs, microphotographs, videotapes,  other  recorded  images  and
data to such city for the purpose of determining whether a motor vehicle
was operated in violation of bus lane restrictions and imposing monetary
liability on the owner of such motor vehicle therefor.
(v)  Every  bus upon which a mobile bus lane photo device is installed
and operated pursuant to a bus rapid transit program authorized pursuant
to this section shall be equipped with signs, placards or other displays
giving notice to approaching motor vehicle operators that bus lane photo
devices are used to enforce bus lane restrictions.
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.
7.  "manual  on uniform traffic control devices" or "MUTCD" shall mean
the manual and specifications for a uniform system  of  traffic  control
devices  maintained  by  the  commissioner of transportation pursuant to
section sixteen hundred eighty of this chapter.
8. "biometric identifying technology" shall mean  any  tool  using  an
automated or semi-automated process that assists in verifying a person's
identity based on a person's biometric information.
9.   "biometric  information"  shall  mean  any  measurable  physical,
physiological or behavioral characteristics that are attributable  to  a
person, including but not limited to facial characteristics, fingerprint
characteristics,   hand   characteristics,  eye  characteristics,  vocal
characteristics, and any other  characteristics  that  can  be  used  to
identify   a   person  including,  but  not  limited  to:  fingerprints;
handprints; retina and iris patterns; DNA  sequence;  voice;  gait;  and
facial geometry.
10.  "facial  recognition"  shall  mean any tool using an automated or
semi-automated process that assists in uniquely identifying or verifying
a person by comparing and analyzing patterns based on the person's face.
(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.
The liability of the owner pursuant to this  section  shall  not  exceed
fifty  dollars  for  a first violation, one hundred dollars for a second
violation within a twelve-month period, one hundred fifty dollars for  a
third  violation within a twelve-month period, two hundred dollars for a
fourth violation within a twelve-month period,  and  two  hundred  fifty
dollars  for  each  subsequent  violation  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)  1.  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.
2.  Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
section  if  the  operator  of  such  vehicle was operating such vehicle
without the consent of the owner at the time  such  operator  failed  to
obey  a  bus  lane  restriction.  For purposes of this subdivision there

shall be a presumption that the operator of such vehicle  was  operating
such  vehicle  with  the  consent of the owner at the time such operator
failed to obey a bus lane restriction.
(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.  The  city  of  New  York and applicable mass transit agency
shall also make such reports available on their public-facing  websites,
provided that they may provide aggregate data from paragraph one of this
subdivision  if  the  city  finds that publishing specific location data
would jeopardize public safety. 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 and an itemized list  of  expenditures
made by the participating mass transit agency with these revenues;
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.
(n)  It shall be a defense to any prosecution for a violation of a bus
lane restriction  pursuant  to  a  bus  rapid  transit  program  adopted
pursuant  to  this  section  that  such  bus  lane  photo  devices  were
malfunctioning at the time of the alleged violation.
* NB Repealed July 1, 2028