Establishes a bus rapid transit program and relates to safety guidelines and procedures involving transit buses

PART A

Sections 1 through 9 and 11 through 12 of Part A of the bill make conforming amendments to various sections of the VTL so that they are consistent with the creation of a bus rapid transit program.

Section 10 of Part A of the bill creates a new VTL § 1111-b to allow for imposition of liability on automobile owners for non-compliance with bus lane restrictions in cities with a population of over one million, and for operation of bus lane photo devices in such city.

Section 13 of Part A of the bill creates a new paragraph (k) in Public Officers Law § 87(2) to allow for denial of access to photographs and videotapes prepared under VTL § 1111-b under the Freedom of Information Law.

Section 14 of Part A of the bill provides that it will be effective 180 days after enactment.

PART B

Section 1 of Part B of the bill would add a new VTL § 1147 to require that a driver of a motor vehicle yield the right of way to a bus, traveling in the same direction, as a bus is reentering traffic from a bus stop.

Section 2 of Part B of the bill would amend VTL § 1160(a) to increase the penalties for drivers who make illegal right turns from a bus route by failing to first enter the curb lane containing a bus stop or a curb lane which is a designated bus lane. The fine would be increased to up to $200 for a first violation, up to $400 for a second violation committed within 18 months of the first, and up to $600 for a third or subsequent violation, all of which were committed in an 18-month period.

Section 3 of Part B of the bill would add a new VTL § 1177 to make it a traffic infraction to park on a bus route where such activity interferes with the normal operation of a bus.

Section 4 of Part B of the bill provides that it will be effective 180 days after it becomes law.

CONCLUDING SECTIONS

Section 2 of the bill sets forth a severability clause.

Section 3 of the bill provides that it will be effective immediately, except that the effective date provisions of Parts A and B shall govern their respective sections.

Existing law

Existing law does not authorize the use of cameras for preventing interference with bus lane operations and undertaking enforcement actions.

There is no current requirement that drivers of motor vehicles safely yield the right of way to buses seeking to re-enter the traffic lane from a bus stop. On the contrary, bus operators must yield to vehicles in the traffic lane.

VTL § Section 1160(a) provides generally that it is a traffic infraction to make a right turn from an improper lane. Under VTL § 1800, the penalties for traffic infractions generally are as follows: a fine of not more than $100 and/or imprisonment for up to 15 days for a first infraction, a fine of not more than $200 and/or imprisonment of up to 45 days for a second infraction committed within 18 months of the first, and a fine of up to $300 and/or imprisonment of up to 90 days for the third or subsequent conviction within the 18 month period.

Currently, illegal parking on a bus route, and, in particular, double parking subjects the offender to only a parking summons, which carries with it no potential to adversely affect driver's license status.

Legislative history

This is a new bill, although similar or parts of this bill have been previously proposed by the City, MT A, and others, as follows:

2008: A.10233-B/S.7229-B; A.8038 2007: A.2914 2005-06: A.1832 2004: A.11081

Statement in support

Bus Rapid Transit Program. The New York City Department of Transportation in coordination with the New York State Department of Transportation, MTA, and NYCT is implementing Select Bus Service, a type of bus rapid transit (BRT) program that started in the summer of 2008. It will provide faster, more reliable, and more attractive bus service throughout the City, using a variety of techniques such as new and enhanced bus lanes, increased spacing between stops, and priority for buses at traffic signals. The BRT program will provide New Yorkers and visitors to the City with a new, high performance transit option, one that is much needed as bus ridership has grown by over 50 percent over the past 30 years, while bus speeds have gone down due to increased traffic. The BRT Program will make improvements to designated bus routes in all five boroughs of the City.

To ensure that the BRT program succeeds in enhancing the speed and reliability of buses, it is imperative that designated bus lanes remain free of parked and moving vehicles, trucks loading and unloading, and other unauthorized motor vehicles. This bill will enhance the New York City Police Department's enforcement efforts by authorizing a bus lane photo program. Technology will be used to capture photos or videos of vehicles that violate the City's rules regarding bus lane restrictions, which specifically preclude motor vehicles from standing, parking or driving within a designated bus lane, including bus stop areas. Bus lane photo devices will record data by photographic, micro-graphic, video tape, digital video recorder, or other recording methods and produce one or more images or sequence of video images of the motor vehicle at the time it is violating bus lane restrictions. The images may be used later as evidence concerning the conduct of the vehicle owner. The equipment may consist of units mounted on the buses themselves. The cameras will be used solely along designated bus routes, and are expected to be operational only during the times of day that the bus lanes on a given BRT route ate in effect, which will be between six and twelve hours a day. The violation will be treated as the equivalent of a parking ticket; that is, no points will be assessed against the driver.

Several major cities, including London and Sydney, have already successfully adopted bus lane photo programs. London's enforcement program has cut violations by 60 percent. Enforcement has been so successful that London commuters now save an average of 10 minutes per day in travel time. In addition, bus service is more reliable; from 2000 to 2004, wait times decreased by 15 percent.

Enacting this bill will ensure that the new BRT program succeeds in providing more efficient and effective bus service to the people and visitors of the City of New York. This will, in turn, attract new riders, helping to meet the City's goals for mobility, environmental protection, and public health, and the goals of MTA's capital program for the next five years.

Yielding right of way to a transit bus. Bus operators have great difficulty re-entering traffic lanes from a bus stop because they do not have priority over other vehicles in that traffic lane traveling in the same direction. Often, to avoid a collision, the bus operator is forced to stop short, which can result in injuries. This proposal, by giving mass transit buses priority when safe to do so, will establish clearly defined rules of the road, speed bus operation and reduce operating costs, and enhance safety. The bill also makes provision for placing a yield sign on the rear of a bus, which would give clear guidance to other drivers about how to properly and safely operate their vehicles.

Improper right turn. Cutting in front of a bus as it is leaving a bus stop (or is in a bus only lane) while making a right turn is a significant cause of accidents. Raising the fine on such misconduct will help to curtail it. NYCT and NYC make every effort to locate a bus stop on the far side of an intersection to reduce this problem. But when this is not practicable, this proposed amendment will help reduce this risk to public safety.

Obstructing a Bus Route by Illegal Parking. Buses have to negotiate traffic-choked streets in the City. This difficulty is made worse by illegal parking, especially "double parking." Under current law, however, offenders risk only a parking summons, which is an inadequate deterrent. By making illegal parking on a bus route a traffic infraction violators will be exposed to the Department of Motor Vehicles "points" schedule. That system, over time, can result in a suspended or revoked driver's license. When bus routes are less obstructed, MTA and NYCT bus customers will reach their destinations more quickly and safely, operating costs will be lower, and traffic congestion for all vehicles will be eased substantially.

Budget implications

Depending on the scope of the BRT program and increased bus ridership, it is expected. that MTA's program costs will be offset by the cost savings from more efficient bus operations and revenue generated for New York City from the traffic violations that are a part of this proposal.

Effective date

The bill takes effect immediately, provided that Parts A and B take effect 180 days after it becomes law.