What's happening
This bill authorizes a temporary high-occupancy vehicle (HOV) program with photo enforcement on the Williamsburg Bridge during the Canarsie tunnel subway shutdown, imposing fines for violations.
Why it matters
Addresses anticipated traffic problems due to the Canarsie Tunnel subway shutdown. by requiring HOV (3+ occupants) restrictions on the Williamsburg Bridge, potentially reducing congestion and ensuring essential travel can continue more smoothly during the disruption.
Implements automated enforcement with privacy safeguards. The use of photo devices to catch violators is balanced with rules to protect drivers’ privacy, such as restricting the use and sharing of images/data, requiring public notice/signage, and oversight procedures—addressing concerns about surveillance and data misuse.
Establishes clear legal and administrative processes for violations. Owners (not just drivers) can be fined, but there are defined procedures for contesting tickets, hearings, and appeals. There are also mechanisms for default judgments and specific defenses (e.g., if the car was stolen or leased), which matters for both fairness and due process.
Links violations to vehicle registration renewal and sets limits on fines. Persistent violators can be denied vehicle registration or renewal, creating a strong incentive for compliance. Penalties are capped ($35 per violation, with an additional $25 for non-response), and all collected fines are directed to public transportation funding, potentially benefiting the broader community.
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Who cares
Headline styles
Temporary HOV Lanes on Williamsburg
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 17
1 Co-sponsor
History
- Referred to cities
Full text
9 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8824
IN SENATE
May 23, 2018
Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to establishing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1268 of the public authorities law is amended by adding a new subdivision 4 to read as follows:
4. The authority and the New York city transit authority or any of its subsidiary corporations shall consult with and assist the city of New York in implementing a temporary high-occupancy vehicle (HOV) program on the Williamsburg bridge pursuant to section eleven hundred eleven-f of the vehicle and traffic law.
§ 2. The vehicle and traffic law is amended by adding a new section 235-a to read as follows:
§ 235-a. Jurisdiction; Williamsburg bridge temporary high-occupancy vehicle program. Notwithstanding any inconsistent provisions of any general, special or local law or administrative code to the contrary, in any city of a million or more which heretofore or hereafter is authorized to establish a parking violations bureau having jurisdiction to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations in accordance with section two hundred thirty-six of this article, such tribunal shall be authorized to adjudicate the liability of owners for violations of subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter for violations of the temporary high-occupancy vehicle (HOV) program as defined in such section eleven hundred eleven-f, and such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 3. Section 236 of the vehicle and traffic law is amended by adding a new subdivision 1-a to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15978-02-8
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1-a. Creation. In any city of a million or more as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and shall adjudicate liability of owners in accordance with subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter for violations of the temporary high-occupancy vehicle (HOV) program as defined in such section eleven hundred eleven-f. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner.
§ 4. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 16 to read as follows:
16. To adjudicate the liability of owners for violations of subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter.
§ 5. Subdivision 1 of section 239 of the vehicle and traffic law is amended by adding a new paragraph f-1 to read as follows:
f-1. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article and shall not be deemed to include a notice of liability issued pursuant to authorization set forth in subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter.
§ 6. Section 240 of the vehicle and traffic law is amended by adding three new subdivisions 1-b, 1-c and 2-a to read as follows:
1-b. Notice of hearing. Whenever a person alleged to be liable in accordance with the provisions of subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter enters a plea of not guilty or contests such an allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.
1-c. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter is being contested, by a person in a timely fashion and a hearing on the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.
2-a. Conduct of hearings. a. Every hearing for an adjudication of an allegation of liability in accordance with subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.
b. No charge may be established except upon proof by substantial evidence.
S. 8824 3
c. The hearing examiner shall not be bound by the rules of evidence in the conduct of the hearing, except rules relating to privileged communications.
d. The hearing examiner shall at the request of the person charged on a showing of good cause and need therefor, or in his or her own discretion, issue a subpoena to compel the appearance at a hearing of the officer who served the notice of violation or of other persons to give testimony, and may issue a subpoena duces tecum to compel the production for examination or introduction into evidence, of any book, paper or other thing relevant to the charges.
e. In the case of a refusal to obey a subpoena, the bureau may make application to the Supreme Court pursuant to section twenty-three hundred eight of the civil practice law and rules, for an order requiring such appearance, testimony or production of evidence.
f. The hearing examiner shall not examine the prior violation record of a person charged before making a determination.
g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter is contested. Recording devices may be used for the making of the record.
§ 7. Section 241 of the vehicle and traffic law is amended by adding two new subdivisions 1-a and 2-a to read as follows:
1-a. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner determines that the charges have been sustained he or she may examine either the prior parking violations record or the record of liabilities incurred in accordance with enforcement of subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter of the person charged prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties.
2-a. Where an operator or owner fails to enter a plea to or contest an allegation of liability in accordance with subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct: (1) of the violation charged or liability in accordance with subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter alleged, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred eleven-f of this chapter or making an appearance within thirty
S. 8824 4
days of the sending of such notice. Pleas entered within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he or she shall impose no greater penalty or fine than those upon which the person was originally charged.
§ 8. Subdivision 5-a of section 401 of the vehicle and traffic law is amended by adding a new paragraph a-1 to read as follows:
a-1. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen-month period, charging that the registrant was liable in accordance with subdivision (f) of section eleven hundred ten and section eleven hundred eleven-f of this chapter for a violation of the temporary high-occupancy vehicle (HOV) program as defined in such section eleven hundred eleven-f, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision.
§ 9. Section 1110 of the vehicle and traffic law is amended by adding a new subdivision (f) to read as follows:
(f) Every person shall obey the instructions of any official trafficcontrol device placed to delineate high-occupancy vehicle lane restrictions pursuant to section eleven hundred eleven-f of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
§ 10. The vehicle and traffic law is amended by adding a new section 1111-f to read as follows:
§ 1111-f. Owner liability for failure of operator to comply with temporary high-occupancy vehicle program restrictions. (a) 1. Notwith-
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standing any other provision of law, the city of New York in consultation with the metropolitan transportation authority is hereby authorized and empowered to establish a temporary high-occupancy vehicle (HOV) program on the Williamsburg bridge. Such program will impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with HOV restrictions in such city in accordance with the provisions of this section. The New York city department of transportation, for purposes of the implementation of such program, shall operate HOV photo devices only within designated HOV areas on the Williamsburg bridge in such city. Such HOV photo devices shall be stationary and shall be activated at locations determined by such department.
2. Any image produced by an HOV photo device shall not be used for any purpose other than as specified in this section in the absence of a court order requiring such image to be produced.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to establishing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of certain provisions upon expiration thereof
Purpose or general idea of bill
To provide for temporary enforcement of high-occupancy vehicle lanes on the Williamsburg Bridge to mitigate the impact of the planned closure of MTA NYCTA's Canarsie Tunnel in 2019.
Summary of specific provisions
Section 1 of this bill would add a new subdivision 4 to Public Authori- ties Law § 1268 to provide that the Metropolitan Transit Authority and the Metropolitan Transportation Authority's New York City Transit Authority ("MTA NYCTA") consult with and assist the City of New York in implementing a temporary high-occupancy vehicle ("HOV") program on the Williamsburg Bridge.
Read the full memo (1,149 words)
Sections 2 through 7 would amend the Vehicle and Traffic Law ("VTL") by adding new subdivisions to VTL §§ 235, 236, 237, 239, 240 and 241 that authorize the Parking Violations Bureau in the city of New York ("PVB") to adjudicate violations of the HOV program established by this act, reflected by the addition of new VTL § 1111-f in section 9 of the bill, and establish the requisite procedural adjudicatory requirements govern- ing this program.
Section 8 would amend VTL § 401 by adding a new paragraph a-1 to subdi- vision 5-a, addressing the consequences for failing to appear at the PVB or for failing to pay any fines resulting from violations of the tempo- rary HOV program.
Section 9 would amend VTL § 1110 by adding a new subdivision (f), clari- fying that every person must obey instructions of any official traffic- control device placed to delineate HOV restrictions on the Williamsburg Bridge pursuant to the temporary HOV program.
Section 10 would add a new VTL § 1111-f, establishing the temporary HOV program and authorizing the use of HOV photo devices in the HOV areas of the Williamsburg Bridge for the enforcement of the temporary HOV program.
Section 11 would amend VTL § 1809-e, adding a new subdivision 4 to exempt the temporary HOV program from the surcharges authorized in this section.
Section 12 would add a new paragraph (p) to subdivision 2 of Public Officers Law § 87 ("Freedom of Information" law) to provide that images captured by the video cameras utilized in connection with the temporary HOV program would be exempted from public disclosure.
Section 13 would require the NYC Department of Transportation ("NYCDOT") to communicate with the public, prior to commencing the temporary HOV program, regarding the upcoming closure of the Canarsie Tunnel and installation of HOV areas on the Williamsburg Bridge. Such notification would also include mailing notices to people who had driven over the Williamsburg Bridge, with fewer than three occupants, for at least 40 days prior to the program's commencement.
Section 14 would establish that the law takes effect on April 1, 2019, and would expire six months after the restoration of regular subway passenger service in the Canarsie Tunnel, whereupon it would be repealed. The additional six-month period after the restoration of regu- lar subway service is provided to accommodate an orderly resolution of any adjudications that had been commenced during the temporary HOV program. However, the City would no longer be authorized to continue the temporary HOV program, including the use of HOV photo devices, once regular subway service in the Tunnel is restored.
Justification
In October 2012, the Canarsie Tunnel was inundated with saltwater during Superstorm Sandy, causing the corrosion of cabling, power infrastructure and track equipment. While minor and emergency repairs were conducted at the time, a complete overhaul is needed to bring the tunnel back to a state of good repair.
Beginning in April 2019, the Canarsie Tunnel between Brooklyn and Manhattan is planned for closure for an estimated 15 months, affecting over 400,000 daily riders of the L subway train, including 225,000 who take the train through the tunnel, which will undergo necessary post- Sandy repairs. Another 50,000 riders right now use the L subway train only in Manhattan.
New Yorkers will face major disruption, with an impact - including increased ridership on alternative routes - that will be felt far beyond the immediate corridors now served by the train. It will reach into Central Brooklyn, up and down the East River waterfront and crosstown in Manhattan.
Commuters will need to adjust their travel patterns. Seventy to eighty percent of L train riders are expected to replace their trips in part by using other subway lines, where service is being bolstered to accommo- date the additional ridership. The MTA NYCTA and NYC DOT have also jointly developed robust plans for L-Alternative bus routes (expected to carry 15 percent of L subway train riders) and will also expand access to ferries, bicycles, and for-hire vehicles.
The Canarsie Tunnel work will begin in April 2019. The NYCDOT and MTA NYCTA are closely collaborating on surface and subway transportation improvements to prepare for the tunnel closure.
The Williamsburg Bridge will serve as the major connection for L-Alter- native buses. In order to move buses quickly and not add to congestion, the City of New York will implement measures to provide reliable service. These include bus lanes that connect from the Grand Street Station in Bushwick, Brooklyn, and along the Brooklyn shuttle bus routes, over the Williamsburg Bridge, to and from Delancey Street and other key Manhattan connection points. HOV lanes were successfully used after 9/11, the 2005 subway strike, and Superstorm Sandy. HOV areas with three or more occupants, rather than HOV areas with two or more occupants, are vital to both maintain viable bus speeds across the East River and to prevent an outsized shift of transit riders to for-hire vehicles that would lead to massive congestion at crossings.
This legislation would allow for appropriate enforcement of these restrictions. Automated enforcement has proven to be an effective deter- rent for speeding and other traffic violations in New York City, and this temporary HOV program would be designed to promote deterrence, with a low fine not to exceed $35. The legislation would also provide the authority for HOV restrictions on the Williamsburg Bridge to be manually enforced as a parking violation, so that drivers do not receive points for violations. This change, accompanied by an amendment to the New York City Traffic Rules, would also facilitate more efficient enforcement using a hand-held summons device. The legislation is specifically craft- ed to help mitigate the Canarsie Tunnel closure, and would expire in conjunction with the MTA's completion of this critical work.
Prior legislative history
None.
Fiscal implications
None to the State
Effective date
This act shall take effect immediately; provided, however, that sections one through twelve of this act shall take effect April 1, 2019
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.