Proposed Int. No. 713-A
By Council Members Johnson, Espinal, Rodriguez, Chin, Gentile, Koo, Richards, Menchaca and Rose
A Local Law to amend the administrative code of the city of New York, in relation to requiring sight-seeing bus operators to submit operating plans to the department of consumer affairs
Be it enacted by the Council as follows:
Section 1. Section 20-374 of the administrative code of the city of New York is amended by adding a new subdivision d to read as follows:
d. Each applicant for a sight-seeing bus license shall first obtain authorization from the department of transportation for all designated on-street bus stops for the pickup and discharge of passengers in order to be eligible for the issuance of a license by the commissioner.
1. On-street bus stop assignments will be approved based on the following criteria: (i) traffic, bicycle and pedestrian flow, and public safety; (ii) preferences of the sight-seeing bus permit applicant; (iii) consultation with the local community board for the district encompassing the location to be designated in the permit, including but not limited to a notice and comment period of forty-five days prior to the issuance or permanent amendment of such permit; (iv) the number of stops proposed and the viability of a bus route as determined by the department of transportation; (v) location of planned garage or other parking location during periods when the bus is not being used to pick up or discharge passengers; and (vi) any other criteria deemed appropriate by the commissioner of the department of transportation.
§2. Subdivision a of section 20-383 of the administrative code of the city of New York is amended to read as follows:
a. After notice and opportunity to be heard, the commissioner may suspend or revoke any sight-seeing bus license where the holder has failed to comply with any provisions of this subchapter or of the rules promulgated thereunder, or with any other laws or rules governing sight-seeing buses, or which sight-seeing bus is otherwise found to be unfit for operation. Such suspension shall remain in effect until compliance and fitness have been established by the licensee and accepted by the department. Grounds for suspension or revocation shall include, but not be limited to,revocation of bus stop authorization(s) that results in the licensee having an unviable route as determined by the department of transportation, installation of an engine which does not meet the requirements of subdivision b of section 20-376 of this subchapter, being found to have violated the requirements for diesel fuel-powered sight-seeing buses contained in section 24-163.6 of the administrative code, failure to submit a bus for inspection, installation of an engine not covered by a certificate of conformity in a vehicle which was originally manufactured with such an engine and installation of an engine of any model year preceding the year of manufacture in a vehicle which was originally manufactured with an engine covered by a certificate of conformity.
§2. This local law shall take effect 120 days after enactment into law provided, however, that the commissioner shall take any actions necessary prior to such effective date for the implementation of this local law including but not limited to, the adopting of any necessary rules.
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LS 2471
1/26/16