< Back to Proposed Changes to New York City Transit's Rules of Conduct
| Subject Amendments to NYCT, MaBSTOA and SIRTOA Rules and Regulations |
Date 4/29/2004 |
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| Department Law |
Vendor Name N/A |
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| Department Head Name Martin B. Schnabel |
Contract Number N/A |
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| Department Head Signature | Contract Manager Name N/A |
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| Project Manager Name David Goldenberg |
Table of Contents Ref # N/A |
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To obtain Board approval to commence the rule-making procedures required under the State Administrative Procedure Act (SAPA) to amend NYCT’s, MaBSTOA’s and SIRTOA’s Rules of Conduct as more fully described below. The proposed revisions are required in order to: (a) improve police officer enforcement capability; (b) enhance customer security and safety; (c) clarify the meaning and/or intent of certain rules; and (d) conform the language of the rules to current practice in compliance with the provisions of the Americans with Disabilities Act (ADA).
Consistent enforcement of the NYCT/MaBSTOA Rules of Conduct to increase our customer’s sense of security in the transit system is an ongoing high priority. NYCT has recently taken a fresh look at its Rules of Conduct (codified at 21 NYCRR 1050 et seq.) last revised in 1994, in the context of intervening operational and legal events, and recommends a number of revisions, as set forth in Attachment A, to enhance security and safety, strengthen and clarify existing Rules and to facilitate enforcement of other Rules. (Proposed deletions are bracketed and insertions are underscored in Attachment A.) A brief description of the changes is set forth below. Included in the proposed changes are an express prohibition against “turnstile jumping” or other improper entry into the transit system regardless of, for example, whether the individual possessed a time-based MetroCard; a general prohibition against photography and videotaping in the system; a provision making clear that passing between subway cars is prohibited, regardless of whether the train is in motion; and a provision specifically authorizing NYPD or NYCT personnel to request individuals who utilize special farecards allowing for free or reduced rate transportation to produce such farecards for inspection.
Comparable modifications are similarly being proposed to SIRTOA’s Rules of Conduct (codified at 21 NYCRR 1040 et seq.) as set forth in Attachment B. It is to be noted that, with regard to the SIRTOA Rules of Conduct, certain changes, e.g. those which relate to fare evasion, are not applicable to SIRTOA regulations and thus have not been included.
A technical revision would be made to the definition of “person”. [Section 1050.2(g)]
The definition of “fare media” would be amended to discontinue the reference to “token” inasmuch as tokens are no longer sold or accepted in the subways or on buses. [Section 1050.2(i)]
A new definition of “farecards” would be added which would differentiate between value-based and time-based MetroCards. [Section 1050.2(j)]
A new definition of “payment of fare” would be added which would specifically reference the use of time-based farecards. [Section 1050.2(k)]
2. Section 1050.4
A prohibition against “turnstile jumping”, entering through an exit gate, etc. would be added to Section 1050.4(a) which deals with payment of fare and access to NYCT facilities. Situations arise currently where passengers “jump” the turnstiles or enter through an exit gate when their time-based card is swiped improperly or malfunctions. They then seek to have a charge of fare evasion dismissed on the theory that since they had already prepaid for unlimited transportation for a specified period (e.g., 7 days), they therefore cannot be guilty of fare evasion. In other instances, some passengers “jump” the turnstile when their improperly swiped or malfunctioning pay-per-ride MetroCard does not grant access, only to discover, after the fact, that a fare had been deducted from their card. However, “turnstile jumping” and related conduct, whatever the stated rationale, create an environment of disorder, including the perception among other passengers that the fare was evaded.
A technical revision would be made to Section 1050.4 (c).
3. Section 1050.5
Prohibitions against vandalizing or otherwise damaging New York City Transit property are currently found in two separate provisions of the Rules, Section 1050.5(a) and Section 1050.6(a). It is proposed that both sections be amended so that the prohibition is contained solely within section 1050.5(a). This would simplify enforcement and allow for more informative statistical analysis. In addition, several technical revisions would be made to Section 1050.5(a) in order to clarify language.
4. Section 1050.6
As noted above, section 1050.6(a) would be amended to consolidate prohibitions against damaging New York City Transit property into section 1050.5(a).
Voter registration activities would be specifically delineated as a permissible non-transit use or activity. The Law Department has advised in the past that this type of activity is permissible, provided that general safety oriented restrictions are observed. [Section 1050.6(c)]
Other proposed revisions to section 1050.6(c) dealing with non-transit uses of the system would not effect substantive change but would restructure some of its language so that the restrictions are expressed more clearly.
A provision would be added to Section 1050.6(d)(3) to provide specifically that persons with farecards issued based on specified individual eligibility criteria which allow entry into the system either for no charge or at a reduced fare would be obligated to produce the card for physical inspection when requested to do so by a police officer or NYCT personnel. In addition, a specific requirement would be added that the name of the eligible holder of such farecard be clearly visible on the card.
The restrictions in Section 1050.6(f) aimed at preventing the consumption of liquids on a bus or subway would be clarified.
5. Section 1050.7
Smoking is not permitted anywhere within the transit system. Section 1050.7(b) would be amended so as to delete the language which currently allows smoking in specifically designated locations.
Currently, placing one’s feet on a seat of a subway or bus or platform bench is not specifically prohibited. A specific prohibition would therefore be added to address this issue. At the same time, placing a package or other item on an empty seat would be prohibited only when it tended to interfere with transit operations or the comfort of other passengers such as the ability of another passenger to obtain a seat. [Section 1050.7(j)]
Straddling a bicycle in motion, wearing in-line skates (or roller skates) or standing on a skateboard constitute conduct that is potentially harmful to others but, currently, is not adequately addressed. In particular, with respect to skates and skateboards, it is often difficult to sustain a charge of a violation where offending individuals are stationary at the time they are observed by a police officer. This revision would enhance enforcement by including a prohibition against straddling a bicycle that is in motion, wearing skates or standing on a skateboard. Additionally, scooters would be added to the list of vehicles which may not be ridden in the system. [Section 1050.7(k)]
6. Section 1050.9
Catwalks and emergency stairs would be added to the list of areas contained in the prohibition against entering areas not open to the public. [Section 1050.9(a)]
In order to further enhance passenger security and safety, photography and videotaping would be prohibited except for members of the press holding valid identification cards issued by the New York City Police Department or where written authorization has been provided by NYCT. [Section 1050.9(c)]
Currently, there appears to be uncertainty as to whether the provisions of section 1050.9(d) which prohibit riding between subway cars also prohibit the act of moving between cars. The use of end doors to move between cars carries with it inherent safety hazards whether or not the train is in motion. Accordingly, it is proposed that the use of end doors be prohibited except when passengers are directed to use them by NYCT personnel or a police officer.
The provisions regarding service animals would be revised so as to conform the language of the rules to current practice which incorporates the FTA interpretation of requirements under the Americans with Disabilities Act. Most important is a provision which would supercede any requirement of licensure or written documentation for the animal, if the individual bringing the animal into the system can credibly explain how the animal is needed to perform a task that the person is unable to perform due to his or her disability. As both NYC Transit and the New York City Police Department have previously issued bulletins incorporating the FTA standards, this proposal would serve simply to formally codify the current practices. [Section 1050.9(h)]
7. General Technical Revisions
Technical revisions would be made throughout various provisions of the Rules to reflect the merger of the Transit Police into the New York City Police Department.
II. Paratransit Eligibility Rules
Rules pertaining to the provision of ADA-Paratransit Service are contained within 21 NYCRR Part 1035. A technical revision to correct a misprint in the current version of the rules would be made to Section 1035.2(a) of rules relating to eligibility. No substantive change to eligibility requirements is being made.
It is recommended that the Board authorize the commencement of the rule-making process for the proposed amendments to NYCT’s, MaBSTOA’s and SIRTOA’s rules in accordance with SAPA.