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| Re: Select Bus Service ticket... still confuse riders (303101) | |||
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Re: Select Bus Service ticket... still confuse riders |
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Posted by BusMgr on Fri Feb 27 21:50:28 2015, in response to Re: Select Bus Service ticket... still confuse riders, posted by italianstallion on Thu Feb 26 23:10:36 2015. If you look at the rules, you'll see that they state that NYCTA and MaBSTOA (both being affiliates, not subsidiaries, of MTA) are authorized to make the rules pursuant to Public Authorities Law sections 1203-a(3) and 1204(5-a). 21 NYCRR § 1050.1(a). Section 1204(5-a)—which was enacted by the state legislature—goes into great detail about what authority the NYCTA has to adopt rules, and how those rules may be enforced. Section 1203-a(3)—also enacted by the state legislature—states that "The subsidiary corporation [meaning MaBSOTA, a subsidiary of NYCTA] shall have all of the powers vested in the transit authority by section twelve hundred four of this title . . . ." So there exists state legislation authorizing NYCTA and MaBSTOA to have these rules, and for the rules to be enforced.MTABC is a subsidiary of the MTA, and is not governed by the law authorizing NYCTA or MaBSTOA; it has to rely on other authorizing legislation. Section 1266(3) authorizes the MTA to establish and collect fares for MTABC-operated services. Section 1266(4) authorizes the MTA to establish rules and regulations; the violation of a rule or regulation "governing the conduct or the safety of the public in or upon any facility" may constitute an offense punishable by a fine not in excess of $50 and/or up to 30 days imprisonment. Note that this punishment is greater than the punishment for a violation of NYCTA or MaBSOTA rules (which is limited to $25 and/or up to 10 days imprisonment), and unlike violations of NYCTA or MaBSTOA rules, section 1266(4) does not provide for the civil fines that are administered by the transit adjudication bureau. In short, this provision does not provide MTA (and MTABC) with the same powers accorded to NYCTA and MaBSTOA. To make them the same, it may be necessary to amend state law (that is, neither the MTA nor MTABC can do this themselves). |
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