S T A T E O F N E W Y O R K
________________________________________________________________________
7602
2015-2016 Regular Sessions
I N A S S E M B L Y
May 20, 2015
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, the vehicle and traffic law
and chapter 774 of the laws of 1950, relating to agreeing with the
state of New Jersey with respect to rules and regulations governing
traffic on vehicular crossings operated by the port of New York
authority, in relation to liability of vehicle owners for toll
collection violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2985 of the public authorities law is designated
title 11-A and a new title heading is added to read as follows:
TOLL COLLECTIONS
S 2. Subdivision 1 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
1. Notwithstanding any other provision of law, every public authority
which operates a toll highway bridge and/or tunnel facility is hereby
authorized and empowered to impose monetary liability on the owner of a
vehicle for failure [of an operator thereof] to comply with the toll
collection regulations of such public authority in accordance with the
provisions of this section.
S 3. Subdivision 5 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
5. An owner found liable for a violation of toll collection regu-
lations pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or five times
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03423-01-5
A. 7602 2
the toll evaded whichever is greater; for a third or subsequent
violation thereof all within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.
S 4. Paragraphs (a) and (b) of subdivision 7 of section 2985 of the
public authorities law, as added by chapter 379 of the laws of 1992, are
amended to read as follows:
(a) A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] SIXTY days after the alleged violation. Personal delivery on the
owner shall not be required. A manual or automatic record of mailing
prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
(b) A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of such violation, THE AMOUNT OF THE ASSESSED TOLLS AND
OTHER CHARGES AND FEES, and the identification number of the photo-moni-
toring system which recorded the violation or other document locator
number.
S 5. Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
8. Adjudication of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of liability
or where authorized by an administrative tribunal and all violations
shall be heard and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon the consent of
both parties, in any county within New York city in which the public
authority operates or maintains a facility, and in the same manner as
charges of other regulatory violations of such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES
LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO THE MONETARY PENALTY
OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
LATIONS WERE VIOLATED THE HALF AMOUNT OF THE ASSESSED TOLLS, FULL AMOUNT
OF OTHER CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY, AND
DEPOSIT REMAINING HALF AMOUNT OF THE ASSESSED TOLLS INTO THE HIGHWAY AND
BRIDGE CAPITAL ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND
ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
S 6. Subdivision 10 of section 2985 of the public authorities law, as
amended by chapter 666 of the laws of 1993, is amended to read as
follows:
10. An owner who is a lessor of a vehicle to which a notice of liabil-
ity was issued pursuant to subdivision seven of this section shall not
be liable for the violation of the toll collection regulation provided
that he or she sends to the public authority serving the notice of
liability and to the court or other entity having jurisdiction a copy of
the rental, lease or other such contract document covering such vehicle
on the date of the violation, with the name and address of the lessee
clearly legible, within thirty days after receiving [the original]
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notice of liability. Failure to send such information within such thirty
day time period shall render the lessor liable for the penalty
prescribed by this section. Where the lessor complies with the
provisions of this subdivision, the lessee of such vehicle on the date
of such violation shall be deemed to be the owner of such vehicle for
purposes of this section and shall be subject to liability for the
violation of toll collection regulations, provided that the public
authority mails a notice of liability to the lessee within ten days
after the court, or other entity having jurisdiction, deems the lessee
to be the owner. For purposes of this subdivision the term "lessor"
shall mean any person, corporation, firm, partnership, agency, associ-
ation or organization engaged in the business of renting or leasing
vehicles to any lessee under a rental agreement, lease or otherwise
wherein the said lessee has the exclusive use of said vehicle for any
period of time. For purposes of this subdivision, the term "lessee"
shall mean any person, corporation, firm, partnership, agency, associ-
ation or organization that rents, leases or contracts for the use of one
or more vehicles and has exclusive use thereof for any period of time.
S 7. Section 2985 of the public authorities law is amended by adding
two new subdivisions 15 and 16 to read as follows:
15. IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT
TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY, BRIDGE
OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE AN
ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT HOLDER
THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE
OF ELECTRONIC NOTICE.
S 8. Paragraph b of subdivision 2 of section 240 of the vehicle and
traffic law, as added by chapter 715 of the laws of 1972, is amended to
read as follows:
b. No charge may be established except upon proof by substantial
evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN
HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
MAY BE ESTABLISHED EXCEPT UPON PROOF BY PREPONDERANCE OF EVIDENCE AS
SUBMITTED.
S 9. Section 1209-a of the public authorities law is amended by adding
a new subdivision 11 to read as follows:
11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
CATION.
S 10. Section 2 of chapter 774 of the laws of 1950, relating to agree-
ing with the state of New Jersey with respect to rules and regulations
governing traffic on vehicular crossings operated by the port of New
York authority, is amended to read as follows:
S 2. No traffic shall be permitted in or upon vehicular crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful for any person to refuse to pay, or to evade or to attempt to
evade the payment of such tolls or other charges. THE OBLIGATION TO PAY
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SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF ENTRY INTO OR
USE OF THE PARTICULAR VEHICULAR CROSSING.
S 11. Section 16-a of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992, is
amended to read as follows:
S 16-a. Owner liability for failure of operator to comply with toll
collection regulations of the port authority. Notwithstanding any other
provision of law and in accordance with the provisions of [section]
SECTIONS 16-b AND 16-C of this act, an owner of a vehicle may be held
liable for failure of an operator thereof to comply with the toll
collection regulations of the port authority of New York and New Jersey
(hereinafter called port authority). The owner of a vehicle shall be
liable pursuant to this section if such vehicle was used or operated
with the permission of the owner, express or implied, in violation of
the toll collection regulations of the port authority, and such
violation is evidenced by information obtained from a photo-monitoring
system, provided, however, that no owner of a vehicle shall be liable
where the operator of such vehicle has been convicted of a violation of
those toll collection regulations for the same incident.
S 12. Subdivision d of section 16-b of chapter 774 of the laws of
1950, relating to agreeing with the state of New Jersey with respect to
rules and regulations governing traffic on vehicular crossings operated
by the port of New York authority, as added by chapter 379 of the laws
of 1992, is amended to read as follows:
d. (i) A notice of liability shall be sent by first class mail OR,
WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION to each person
alleged to be liable as an owner for a violation pursuant to this
section of the toll collection regulations of the port authority. Such
notice shall be [mailed] SENT no later than [thirty] SIXTY days after
the alleged violation. Personal delivery on the owner shall not be
required. A manual or automatic record of [mailing] SENDING THE NOTICE
prepared in the ordinary course of business shall be prima facie
evidence of the [mailing] SENDING of the notice.
(ii) A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of the toll
collection regulations of the port authority pursuant to this section,
the registration number AND STATE OF REGISTRATION of the vehicle
involved in such violation, the [location where such violation took
place, the date and time] LOCATIONS, DATES AND TIMES THAT FORM THE BASIS
of such violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES
and the identification number of the photo-monitoring system which
recorded the violation or other document locator number.
(iii) The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
(iv) The notice of liability shall be prepared and [mailed] SENT by
the port authority or its duly authorized agent.
S 13. Section 16-c of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
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New York authority, as added by chapter 379 of the laws of 1992, is
amended to read as follows:
S 16-c. Adjudication of liability. Adjudication of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring within the
territorial limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth in sections 235,
236, 237, 239, 240, 241, 401, 510 and 1809 of such law, or by such enti-
ty having jurisdiction over violations of the toll collection regu-
lations of the port authority occurring within the territorial limits of
the state of New York, provided that all violations shall be heard and
determined in the county in which the violation is alleged to have
occurred, or by consent of both parties, OR in any county in the state
of New York in which the port authority operates or maintains a facili-
ty. An owner found liable for a violation of toll collection regu-
lations pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or five times
the toll evaded whichever is greater; for a third or subsequent
violation thereof all within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater. THE HALF AMOUNT OF THE
ASSESSED TOLLS, AND THE FULL AMOUNT OF OTHER CHARGES AND FEES AND
ONE-HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE PAID TO THE PORT
AUTHORITY; THE REMAINING HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL
BE RETAINED OR DISTRIBUTED BY THE TRIBUNAL OR ENTITY ADJUDICATING THE
VIOLATION IN ACCORDANCE WITH EXISTING LAW; AND THE REMAINING HALF AMOUNT
OF THE ASSESSED TOLLS SHALL BE DEPOSITED INTO THE HIGHWAY AND BRIDGE
CAPITAL ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
S 14. This act shall take effect on the one hundred twentieth day
after it shall have become a law.