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Pols protest S79 SBS bus lane camera 'entrapment' on Hylan Blvd in Dongan Hills

Posted by Gold_12th on Wed Jul 30 20:08:16 2014

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Retired NYPD officer Joseph Masterson, 78, was driving southbound on Hylan Boulevard earlier this year, heading toward Lee's Tavern on nearby Hancock Street, via a right-hand turn on Seaview Avenue.

He entered the bus lane to make the turn onto Seaview.

Over two months later, Masterson received a Notice of Liability from the Bus Lane Camera Monitoring Program "because the driver of the photographed vehicle, which is registered to you, stood, parked or entered a bus only lane during restricted hours and did not make an immediate right hand turn."

The notice, dated April 7, was for the "violation" that occurred on Jan. 24, just before 4 p.m.

The fine was $115.

"They said I failed to make the immediate right-hand turn, up Garretson, and that I didn't make the right within 200 feet [of entering the bus lane]," Masterson said Tuesday morning at a press conference at the corner site.

But Garretson is a one-way street heading toward Hylan Boulevard, and taking a right-hand turn there would be "highly irregular," he explained.

In fact, such a turn would be outright illegal.

On Masterson's behalf, state Sen. Andrew Lanza and Assemblywoman Nicole Malliotakis sent a letter in May to city Finance Department commissioner Jacques Jiha and Department of Transportation Commissioner Polly Trottenberg, stating that "this violation should have never been issued," and requesting that the Notice of Liability be rescinded.

"We have enclosed photographs of signage at the intersection providing that it would be impossible for Mr. Masterson to legally make a right turn onto Garretson Avenue," the legislators wrote.

They added:

"We respectfully urge you to remove the bus lane camera at this location in the interest of alleviating the confusion presently experienced by motorists, yielding a safer driving environment, and mitigating yet another situation that appears to accrue traffic violations through entrapment."

APPEAL REJECTED

The lawmakers' intercession was unsuccessful, as was Masterson's own appeal.

On July 10, the Appeals Board of the Red Light Violations Monitoring Program affirmed the Notice of Liability that was issued to Masterson, stating: "Upon review, we find no reversible error in the decision".

At Tuesday's press conference, Lanza and Ms. Malliotakis slammed the city's use of the Bus Lane Camera Program on Staten Island, calling it "Manhattan-centric."

"It's hurting the people of Staten Island," said Lanza, who described the program as "horrible" and "bad policy."

"It's not about safety -- it's about taking in the money. They're making life worse here on Staten Island," he commented.

Citing Masterson's case, Lanza, an attorney, added: "You cannot make a right on Garretson. If you read and understand the law, and apply the facts, clearly there is reversible evidence here."

The Masterson case "is another example of how [the program] is not working on Staten Island, and a perfect example of entrapment," said Ms. Malliotakis, noting "so many examples over the last two years."

"It's New York City's latest get-rich-quick scheme," she added. "We're going to continue to fight."

The two legislators said that they would pay Masterson's $115 fine if the Appeals Board rejection of his "not guilty" appeal stands under the law.

'DISGUSTING'

At the press conference, Lanza also criticized the upkeep of the dedicated bus lanes on Hylan Boulevard.

"There's barely legible paint here, with barely legible words," he said.

"Who's providing this paint?

"This is shoddy, this is horrible -- it's disgusting," Lanza commented.

http://www.silive.com/eastshore/index.ssf/2014/07/pols_protest_bus_lane_camera_f.html

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