Encourages carpooling through preferential use lanes

Justification

Carpooling has become a well-accepted method of reducing energy consumption and air pollution, saving wear and tear on highways and reducing traffic congestion in urban areas. Preferential use lanes have become a reliable method of promoting carpooling and facilitating the rapid and orderly movement of traffic to and from urban areas during peak traffic periods. To allow preferential use lanes to operate effectively, this bill establishes two new traffic infractions designed to prohibit conduct which could detract from proper use or present hazards for other motorists. New section 1132 prohibits motorists from operating a vehicle in a preferential use lane unless the vehicle is being operated in compliance with the terms established for the use of such lanes. For example, a motorist may not drive solo in a preferential use lane authorized only for use by vehicles carrying two or more occupants. This bill authorizes municipalities to fine motorists engaged in such improper conduct up to $75 for each such violation. Because such violations do not involve highway safety, the bill prohibits the Commissioner from prescribing points on an individuals driver's license for such a violation. The purpose of points under the Vehicle and Traffic Law is to deter safety violations. Occupancy violations like those prescribed by new V & T Section 1132 are not safety violations and do not represent conduct which threatens other motorists. Points, therefore, are not an appropriate penalty. Indeed, points for conduct of this nature would be overly punitive since accumulated points can cause a motorist to have his or her license suspended and/or increase the premium costs motorists must pay for automobile insurance. A monetary penalty of up to $65 is a sufficient penalty to deter motorists from violating the use restrictions of such lanes.

New subdivision in 1128 prohibits motorists from entering preferential use lanes at a point not authorized for such entry. Such conduct is especially hazardous and is clearly a safety violation. In order to deter such unsafe driving conduct, this bill authorizes municipalities to fine violators not less than $100 nor more than $200 for a first offense, and not less than $200 nor more than $300, for a second or subsequent violation committed within eighteen months of a previous violation of this section. At the Commissioner's discretion, points could be imposed for such a violation.

Finally, the bill provides a remedy for the arbitrary and inequitable manner in which the Department of Motor Vehicles currently addresses the issue of points for such violations. The Department of Motor Vehicles has ruled that motorists violating the High Occupancy Vehicle lanes on the Long Island Expressway will not be assessed points, while those violating the same restrictions on the Queensboro Bridge and other locations will be assessed such penalty. Thus, Significantly different penalties for the same offense are being assessed. High Occupancy Vehicle lanes are likely to proliferate in the future, a fair and uniform approach is needed.

Fiscal implications for state & local governments

State and localities may realize additional revenues.

Effective date

120 days after it shall become law.