* § 1111-c. Owner liability for failure of operator to comply with bus\nlane restrictions. (a) 1. Notwithstanding any other provision of law,\nthe city of New York is hereby authorized and empowered to establish a\nbus rapid transit program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with bus lane\nrestrictions in such city in accordance with the provisions of this\nsection. The New York city department of transportation or applicable\nmass transit agency, for purposes of the implementation of such program,\nshall operate bus lane photo devices only within designated bus lanes in\nsuch bus rapid transit program. Such bus lane photo devices may be\nstationary or mobile and shall be activated at locations determined by\nsuch department of transportation and/or on buses selected by such\ndepartment of transportation in consultation with the applicable mass\ntransit agency, however, the applicable mass transit agency may also\ninstall no less than fifty mobile bus lane photo devices on buses\noperating on designated bus lanes in such bus rapid transit program\nbelow 96th street in the borough of Manhattan, in consultation with the\nNew York city department of transportation for the purposes of this\nsection.\n 2. Any image or images captured by bus lane photo devices shall be\ninadmissible in any disciplinary proceeding convened by the applicable\nmass transit agency or any subsidiary thereof and any proceeding\ninitiated by the department involving licensure privileges of bus\noperators. Any mobile bus lane photo device mounted on a bus shall be\ndirected outwardly from such bus to capture images of vehicles operated\nin violation of bus lane restrictions, and images produced by such\ndevice shall not be used for any other purpose in the absence of a court\norder requiring such images to be produced.\n 3. (i) The city of New York shall adopt and enforce measures to\nprotect the privacy of drivers, passengers, pedestrians and cyclists\nwhose identity and identifying information may be captured by a bus lane\nphoto device. Such measures shall include:\n (A) utilization of necessary technologies to ensure, to the extent\npracticable, that photographs, microphotographs, videotape or other\nrecorded images produced by such bus lane photo devices shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because such a\nphotograph, microphotograph, videotape or other recorded image allows\nfor the identification of the driver, the passengers, or the contents of\na vehicle where the city shows that it made reasonable efforts to comply\nwith the provisions of this paragraph in such case;\n (B) the installation of signage that is clearly visible to drivers at\nregular intervals along and adjacent to bus lanes stating that mobile\nand/or stationary bus lane photo devices are used to enforce bus lane\nrestrictions, in conformance with standards established in the MUTCD;\nand\n (C) oversight procedures to ensure compliance with the privacy\nprotection measures under this subdivision.\n (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a bus lane photo device shall be for the exclusive use of the\ncity of New York for the purpose of the adjudication of liability\nimposed pursuant to this section and of the owner receiving a notice of\nliability pursuant to this section, and shall be destroyed by such city\nupon the final resolution of the notice of liability to which such\nphotographs, microphotographs, videotape or other recorded images\nrelate, or one year following the date of issuance of such notice of\nliability, whichever is later. Notwithstanding the provisions of any\nother law, rule or regulation to the contrary, photographs,\nmicrophotographs, videotape or any other recorded image from a bus lane\
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.