S T A T E O F N E W Y O R K
________________________________________________________________________
9805--A
I N A S S E M B L Y
February 9, 2018
___________
Introduced by M. of A. ABINANTI, ENGLEBRIGHT, SEPULVEDA, ERRIGO, WRIGHT,
DINOWITZ, SCHIMMINGER, MAYER, JEAN-PIERRE, D'URSO, GALEF, LAWRENCE,
LAVINE, RIVERA, JAFFEE, RA, CRESPO, BYRNE -- Multi-Sponsored by -- M.
of A. DE LA ROSA -- read once and referred to the Committee on Corpo-
rations, Authorities and Commissions -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public authorities law, in relation to enacting the
"toll payer protection act"; and to repeal certain provisions of such
law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "toll payer
protection act".
§ 2. Section 2985 of the public authorities law is REPEALED.
§ 3. Article 9 of the public authorities law is amended by adding a
new title 11-A to read as follows:
TITLE 11-A
TOLL COLLECTIONS
SECTION 2985. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
TOLL COLLECTION REGULATIONS.
2985-A. CASHLESS TOLLING.
§ 2985. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH TOLL
COLLECTION REGULATIONS. 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.
2. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF TOLL
COLLECTION REGULATIONS, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A PHOTO-MONITORING SYSTEM, PROVIDED, HOWEVER, THAT NO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14156-08-8
A. 9805--A 2
OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO
THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF A
VIOLATION OF TOLL COLLECTION REGULATIONS FOR THE SAME INCIDENT.
3. FOR PURPOSES OF THIS SECTION, THE TERM "OWNER" SHALL MEAN ANY
PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR
ORGANIZATION WHO, AT THE TIME OF THE VIOLATION AND WITH RESPECT TO THE
VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY: (A) IS THE BENEFICIAL OR
EQUITABLE OWNER OF SUCH VEHICLE; OR (B) HAS TITLE TO SUCH VEHICLE; OR
(C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
TERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER
STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR
(D) SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISION TEN OF THIS
SECTION, USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSI-
NESS; AND INCLUDES (E) A PERSON ENTITLED TO THE USE AND POSSESSION OF A
VEHICLE SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON. FOR PURPOSES
OF THIS SECTION, THE TERM "PHOTO-MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TOLL COLLECTION FACILITY
WHICH AUTOMATICALLY PRODUCES ONE OR MORE PHOTOGRAPHS, ONE OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN VIOLATION OF TOLL COLLECTION REGULATIONS.
FOR PURPOSES OF THIS SECTION, THE TERM "TOLL COLLECTION REGULATIONS"
SHALL MEAN THOSE RULES AND REGULATIONS OF A PUBLIC AUTHORITY PROVIDING
FOR AND REQUIRING THE PAYMENT OF TOLLS AND/OR CHARGES PRESCRIBED BY SUCH
PUBLIC AUTHORITY FOR THE USE OF BRIDGES, TUNNELS OR HIGHWAYS UNDER ITS
JURISDICTION OR THOSE RULES AND REGULATIONS OF A PUBLIC AUTHORITY MAKING
IT UNLAWFUL TO REFUSE TO PAY OR TO EVADE OR TO ATTEMPT TO EVADE THE
PAYMENT OF ALL OR PART OF ANY TOLL AND/OR CHARGE FOR THE USE OF BRIDGES,
TUNNELS OR HIGHWAYS UNDER THE JURISDICTION OF SUCH PUBLIC AUTHORITY. FOR
PURPOSES OF THIS SECTION, THE TERM "VEHICLE" SHALL MEAN EVERY DEVICE IN,
UPON OR BY WHICH A PERSON OR PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN
UPON A HIGHWAY, EXCEPT DEVICES USED EXCLUSIVELY UPON STATIONARY RAILS OR
TRACKS.
4. A CERTIFICATE, SWORN TO OR AFFIRMED BY AN AGENT OF THE PUBLIC
AUTHORITY WHICH CHARGED THAT THE VIOLATION OCCURRED, OR A FACSIMILE
THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO-MONITORING SYSTEM
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN AND SHALL
BE ADMISSIBLE IN ANY PROCEEDING CHARGING A VIOLATION OF TOLL COLLECTION
REGULATIONS, PROVIDED THAT ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE
OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE
FOR INSPECTION AND ADMISSION INTO EVIDENCE IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION.
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 A MONETARY PENALTY NOT TO EXCEED FIFTY DOLLARS OR TWO TIMES
THE TOLL EVADED WHICHEVER IS GREATER; FOR A SECOND VIOLATION THEREOF
BOTH WITHIN EIGHTEEN MONTHS BE LIABLE FOR A MONETARY PENALTY NOT TO
EXCEED ONE 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 A MONETARY PENALTY NOT TO EXCEED ONE HUNDRED FIFTY
DOLLARS OR TEN TIMES THE TOLL EVADED WHICHEVER IS GREATER.
6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL BE BASED
UPON A PREPONDERANCE OF EVIDENCE AS SUBMITTED. AN IMPOSITION OF LIABIL-
ITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE MOTOR VEHICLE OPERATING
RECORD, FURNISHED PURSUANT TO SECTION THREE HUNDRED FIFTY-FOUR OF THE
A. 9805--A 3
VEHICLE AND TRAFFIC LAW, OF THE PERSON UPON WHOM SUCH LIABILITY IS
IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF
MOTOR VEHICLE INSURANCE COVERAGE.
7. (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 THIRTY
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
OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH
VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDEN-
TIFICATION NUMBER OF THE PHOTO-MONITORING SYSTEM WHICH RECORDED THE
VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
(C) 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.
(D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE PUBLIC
AUTHORITY HAVING JURISDICTION OVER THE TOLL FACILITY WHERE THE VIOLATION
OF TOLL COLLECTION REGULATIONS OCCURRED.
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.
9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE
DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS
THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE
TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. IF
AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY
TIME PERIOD DURING WHICH THE VEHICLE WAS STOLEN, BUT NOT AS YET REPORTED
TO THE POLICE AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS
PURSUANT TO THIS SECTION THAT THE VEHICLE WAS REPORTED AS STOLEN WITHIN
TWO HOURS AFTER THE DISCOVERY OF THE THEFT BY THE OWNER. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
BE SENT BY FIRST CLASS MAIL TO THE COURT OR OTHER ENTITY HAVING JURIS-
DICTION.
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
A. 9805--A 4
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 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, ASSOCIATION 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, CORPO-
RATION, FIRM, PARTNERSHIP, AGENCY, ASSOCIATION 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.
11. EXCEPT AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION, IF A PERSON
RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS THAT THE INDIVIDUAL WHO RECEIVED THE NOTICE OF
LIABILITY PURSUANT TO THIS SECTION WAS NOT THE OWNER OF THE VEHICLE AT
THE TIME THE VIOLATION OCCURRED. IF THE OWNER LIABLE FOR A VIOLATION OF
TOLL COLLECTION REGULATIONS PURSUANT TO THIS SECTION WAS NOT THE OPERA-
TOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN
AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
12. "ELECTRONIC TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM OF
COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF CHARGING AN ACCOUNT
HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION OF INFORMATION
FROM AN ELECTRONIC DEVICE ON A MOTOR VEHICLE TO THE TOLL LANE, WHICH
INFORMATION IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE TOLL OR
CHARGE. IN ADOPTING PROCEDURES FOR THE PREPARATION AND MAILING OF A
NOTICE OF LIABILITY, THE PUBLIC AUTHORITY HAVING JURISDICTION OVER THE
TOLL FACILITY SHALL ADOPT GUIDELINES TO ENSURE ADEQUATE AND TIMELY
NOTICE TO ALL ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLDERS TO
INFORM THEM WHEN THEIR ACCOUNTS ARE DELINQUENT. AN OWNER WHO IS AN
ACCOUNT HOLDER UNDER THE ELECTRONIC TOLL COLLECTION SYSTEM SHALL NOT BE
FOUND LIABLE FOR A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORITY HAS
FIRST SENT A NOTICE OF DELINQUENCY TO SUCH ACCOUNT HOLDER AND THE
ACCOUNT HOLDER WAS IN FACT DELINQUENT AT THE TIME OF THE VIOLATION.
13. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF TOLL COLLECTION REGU-
LATIONS.
14. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED PURSUANT
TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF A PUBLIC AUTHORITY IN
THE DISCHARGE OF ITS DUTIES UNDER THIS SECTION AND SHALL NOT BE OPEN TO
THE PUBLIC NOR BE USED IN ANY COURT IN ANY ACTION OR PROCEEDING PENDING
THEREIN UNLESS SUCH ACTION OR PROCEEDING RELATES TO THE IMPOSITION OF OR
INDEMNIFICATION FOR LIABILITY PURSUANT TO THIS SECTION. THE PUBLIC
A. 9805--A 5
AUTHORITY SHALL NOT SELL, DISTRIBUTE OR MAKE AVAILABLE IN ANY WAY, THE
NAMES AND ADDRESSES OF ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLD-
ERS, WITHOUT SUCH ACCOUNT HOLDERS' CONSENT TO ANY ENTITY THAT WILL USE
SUCH INFORMATION FOR ANY COMMERCIAL PURPOSE PROVIDED THAT THE FOREGOING
RESTRICTION SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF SUCH INFOR-
MATION BETWEEN ANY ENTITIES WITH JURISDICTION OVER AND OR OPERATING A
TOLL HIGHWAY BRIDGE AND/OR TUNNEL FACILITY.
§ 2985-A. CASHLESS TOLLING. 1. FOR PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CASHLESS TOLLING FACILITY" SHALL MEAN A TOLL HIGHWAY BRIDGE OR
TUNNEL FACILITY THAT DOES NOT PROVIDE FOR THE IMMEDIATE ON-SITE PAYMENT
IN CASH OF A TOLL OWED FOR THE USE OF SUCH FACILITY;
(B) "OWNER" SHALL MEAN ANY PERSON, CORPORATION, PARTNERSHIP, FIRM,
AGENCY, ASSOCIATION, LESSOR OR ORGANIZATION WHO, AT THE TIME OF INCUR-
RING AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY, AND
WITH RESPECT TO THE VEHICLE IDENTIFIED IN THE NOTICE OF TOLL DUE: (I) IS
THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR (II) HAS TITLE TO
SUCH VEHICLE; OR (III) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHI-
CLE WHICH IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE OR ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER
JURISDICTION; OR (IV) IS SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDI-
VISION TEN OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE,
USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR (V)
IS A PERSON ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A
SECURITY INTEREST IN ANOTHER PERSON; AND
(C) "NOTICE OF TOLL DUE" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFY-
ING SUCH OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED IN OR
UPON A CASHLESS TOLLING FACILITY AND HAS INCURRED AN OBLIGATION TO PAY A
TOLL.
2. (A) IN THE CASE OF AN OWNER WHO INCURS AN OBLIGATION TO PAY A TOLL
AT A CASHLESS TOLLING FACILITY A NOTICE OF TOLL DUE SHALL BE SENT BY
FIRST CLASS MAIL BY THE PUBLIC AUTHORITY WHICH OPERATES SUCH CASHLESS
TOLLING FACILITY TO THE OWNER WITHIN THIRTY DAYS OF INCURRING THE OBLI-
GATION TO PAY THE TOLL AT SUCH CASHLESS TOLLING FACILITY. THE OWNER
SHALL HAVE THIRTY DAYS FROM THE DATE THE NOTICE OF TOLL DUE WAS SENT BY
FIRST CLASS MAIL TO PAY THE ASSESSED TOLL, WITHOUT LIABILITY FOR ANY
OTHER CHARGES, FEES, OR MONETARY PENALTIES. THE NOTICE OF TOLL DUE
SHALL INCLUDE: (I) THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER AND
VEHICLE REGISTRATION FOR EACH ASSESSED TOLL DUE; (II) THE TOTAL AMOUNT
OF THE ASSESSED TOLL DUE; (III) THE DATE BY WHICH PAYMENT OF THE
ASSESSED TOLL IS DUE; (IV) THE AUTHORITY TO WHICH THE ASSESSED TOLL MUST
BE PAID; AND (V) ANY OTHER INFORMATION REQUIRED BY LAW OR BY THE AUTHOR-
ITY. IF AN AUTHORITY FAILS TO SEND A TIMELY NOTICE OF TOLL DUE, AS SET
FORTH IN THIS SECTION, THE OWNER SHALL NOT BE LIABLE FOR PAYMENT OF THE
ALLEGED TOLLS, MONETARY PENALTIES, FEES OR OTHER CHARGES.
(B) IF AN OWNER FAILS TO RESPOND TIMELY TO SUCH NOTICE OF TOLL DUE
WITHIN THIRTY DAYS OF THE DATE THE NOTICE WAS SENT, A SECOND NOTICE OF
TOLL DUE SHALL BE SENT. SUCH SECOND NOTICE OF TOLL DUE MAY INCLUDE A FEE
FOR LATE PAYMENT, BUT IN NO CASE SHALL SUCH FEE EXCEED FIVE DOLLARS. THE
OWNER SHALL HAVE THIRTY DAYS FROM THE DATE THE SECOND NOTICE WAS SENT TO
PAY THE ASSESSED TOLL AND ANY FEE.
(C) IF AN OWNER FAILS TO RESPOND TIMELY TO THE SECOND NOTICE OF TOLL
DUE THE AUTHORITY WHICH OPERATES THE CASHLESS TOLLING FACILITY SHALL BE
AUTHORIZED TO SEND A NOTICE OF LIABILITY. THE NOTICE OF LIABILITY SHALL
CONTAIN THE INFORMATION DESCRIBED IN SUBDIVISION SEVEN OF SECTION TWEN-
TY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE. THE OWNER SHALL HAVE NINETY
A. 9805--A 6
DAYS FROM THE DATE SUCH NOTICE OF LIABILITY WAS SENT TO (I) PAY THE
ASSESSED TOLL OR (II) CONTEST THE NOTICE.
(D) IF AN OWNER FAILS TO RESPOND TO THE NOTICE OF LIABILITY OR IS
FOUND LIABLE FOR THE ASSESSED TOLL, THE OWNER SHALL PAY (I) THE ASSESSED
TOLL; (II) ANY FEES SET BY THE AUTHORITY, PROVIDED, HOWEVER, THAT THE
TOTAL AMOUNT OF FEES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF
THE TOLL; AND (III) A MONETARY PENALTY WHICH SHALL EQUAL TO TWENTY-FIVE
DOLLARS OR DOUBLE THE AMOUNT OF THE TOLL DUE, WHICHEVER IS GREATER.
3. EVERY PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL PROMULGATE RULES AND REGULATIONS THAT ESTABLISH AN INSTALLMENT
PAYMENT PLAN FOR THE PAYMENT OF ANY TOLL INCURRED AT A CASHLESS TOLLING
FACILITY. INFORMATION RELATED TO SUCH PLAN SHALL BE INCLUDED IN THE
NOTICE OF TOLL DUE AND THE NOTICE OF LIABILITY AND SHALL BE DISPLAYED
CONSPICUOUSLY ON THE AUTHORITIES' WEBSITE. EACH OWNER, AT HIS OR HER
ELECTION, MAY PARTICIPATE IN SUCH PLAN. THE AUTHORITY SHALL NOT CHARGE
ANY ADDITIONAL FEES OR PENALTIES FOR ENROLLMENT INTO A PAYMENT PLAN.
4. EVERY PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL ESTABLISH A PROCEDURE WITH WHICH A PERSON ALLEGED TO BE LIABLE MAY
CONTEST SUCH ALLEGED LIABILITY OR TOLL DUE INCLUDING A HEARING AND THE
RIGHT TO APPEAL. THE NOTICE OF TOLL DUE AND NOTICE OF LIABILITY SHALL
CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE
TIME IN WHICH HE OR SHE MAY CONTEST THE ASSESSED TOLL AND ANY LIABILITY
ALLEGED IN THE NOTICE.
5. ANY TOLL FEE THAT WILL BE CHARGED FOR THE USAGE OF ANY BRIDGE,
TUNNEL, ROAD, OR ANY OTHER ENTITY SHALL BE DISPLAYED CONSPICUOUSLY AND
PROMINENTLY ON SIGNAGE OF A REASONABLE SIZE IN A MANNER REASONABLY
CALCULATED TO PROVIDE AMPLE AND ADEQUATE NOTICE.
6. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PUBLIC
AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY SHALL SELL OR
TRANSFER ANY DEBT OWED TO THE PUBLIC AUTHORITY BY AN OWNER FOR A
VIOLATION OF TOLL COLLECTION REGULATIONS TO A DEBT COLLECTION AGENCY
UNLESS ONE YEAR HAS PASSED FROM THE DATE THE OWNER WAS FOUND LIABLE FOR
THE VIOLATION OF TOLL COLLECTION REGULATIONS ASSOCIATED WITH SUCH DEBT,
OR THE OWNER HAS A TOTAL DEBT OWED TO THE PUBLIC AUTHORITY OF ONE THOU-
SAND DOLLARS OR MORE. THE AUTHORITY SHALL OBTAIN A DEFAULT JUDGMENT IN A
COURT OR ADMINISTRATIVE TRIBUNAL WITH JURISDICTION OVER THE ASSESSED
TOLL BEFORE SELLING OR TRANSFERRING ANY DEBT TO A DEBT COLLECTION AGEN-
CY.
(B) A NOTICE SHALL BE SENT BY FIRST CLASS MAIL ADVISING THE OWNER THAT
THE ABOVE DEBT SHALL BE SOLD OR TRANSFERRED BY THE AUTHORITY TO A DEBT
COLLECTION AGENCY ON A SPECIFIED DATE NO LESS THAN THIRTY DAYS PRIOR TO
SUCH SALE OR TRANSFER.
(C) FOR PURPOSES OF THIS SUBDIVISION "DEBT COLLECTION AGENCY" SHALL
MEAN A PERSON, FIRM OR CORPORATION ENGAGED IN BUSINESS, THE PRINCIPAL
PURPOSE OF WHICH IS TO REGULARLY COLLECT OR ATTEMPT TO COLLECT DEBTS
OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER AND SHALL ALSO
INCLUDE A BUYER OF DELINQUENT DEBT WHO SEEKS TO COLLECT SUCH DEBT EITHER
DIRECTLY OR THROUGH THE SERVICES OF ANOTHER BY, INCLUDING BUT NOT LIMIT-
ED TO, INITIATING OR USING LEGAL PROCESSES OR OTHER MEANS TO COLLECT OR
ATTEMPT TO COLLECT SUCH DEBT.
7. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, ORDER, RULE OR
REGULATION TO THE CONTRARY, NO REGISTRATION OF A MOTOR VEHICLE SHALL BE
SUSPENDED RESULTING FROM AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLL-
ING FACILITY AS DESCRIBED IN THIS SECTION AND THE COMMISSIONER OF MOTOR
VEHICLES SHALL NOT SUSPEND THE REGISTRATION OF A MOTOR VEHICLE RESULTING
A. 9805--A 7
FROM AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY AS
DESCRIBED IN THIS SECTION.
8. EVERY PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL UNDERTAKE A PUBLIC AWARENESS CAMPAIGN REGARDING THE USE OF AND
PROCESS INVOLVED WITH THE PAYMENT OF TOLLS AT CASHLESS TOLLING FACILI-
TIES. EACH PUBLIC AUTHORITY SHALL PROVIDE FOR SUFFICIENT METHODS TO
OBTAIN AN ELECTRONIC DEVICE FOR THE CHARGING OF TOLLS THROUGH AN ELEC-
TRONIC TOLL COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF
SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE, INCLUDING MAKING
SUCH DEVICES AVAILABLE AT ANY REST AREA OWNED OR OPERATED BY EACH
AUTHORITY. ANY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILI-
TY SHALL MAINTAIN A WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON TO
RECEIVE UPDATED INFORMATION ON ANY TOLLS OR FEES WHICH ARE OUTSTANDING,
INCLUDING, WHERE FEASIBLE, THE RECEIVING OF SUCH UPDATED INFORMATION BY
ELECTRONIC MAIL OR TEXT MESSAGE. SUCH WEBSITE AND PHONE NUMBER SHALL BE
INCLUDED ON ANY NOTICE OF TOLL DUE OR NOTICE OF LIABILITY SENT BY THE
AUTHORITY.
§ 4. a. Within 90 days of the effective date of this act, the Tribor-
ough bridge and tunnel authority, the public authority created pursuant
to chapter 870 of the laws of 1939, herein after the authority, shall
implement an amnesty program for any person who owes tolls, fines, fees,
or penalties for a toll incurred at any cashless tolling facility oper-
ated by the authority. Such amnesty program shall be at least five weeks
in duration, and shall be available for any toll obligation incurred on
or after November 1, 2016. The amnesty program shall also be made avail-
able for any toll obligation incurred at a cashless tolling facility
operated by the authority that has been referred to a debt collections
agency or has resulted in the suspension of a vehicle registration. The
amnesty program shall provide for the waiver of all fees, fines, and
penalties associated with an outstanding toll balance if such outstand-
ing toll balance is paid in full by the end of the amnesty program. Upon
payment of an outstanding toll balance in full, the authority shall
advise the commissioner of motor vehicles, in such form and manner that
such commissioner shall have prescribed, that such person has responded
and has paid in full the outstanding balance owed through the amnesty
program.
b. The authority shall undertake a public awareness campaign for such
amnesty program, and shall maintain a public website for any person to
receive information on any outstanding tolls such person is liable for.
The authority shall provide for sufficient methods to pay the outstand-
ing toll balances, including but not limited to, by phone, by mail, or
through the internet. The authority shall, no later than thirty days
preceding the commencement of the amnesty program, send by first class
mail notice to all persons with outstanding toll balances of their
eligibility for the amnesty program.
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, any authority or
agency shall take any actions necessary to adopt, amend or repeal regu-
lations in order to implement the provisions of this act by such effec-
tive date.