S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9490
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  suspending
   the registration of a vehicle for evading cashless tolls
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 510-e to read as follows:
   § 510-E. SUSPENSION OF REGISTRATION; CASHLESS TOLL VIOLATIONS. 1.  FOR
 THE PURPOSE OF THIS SECTION:
   (A)  "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 A PERSON ENTITLED TO THE USE AND POSSESSION OF
 A VEHICLE SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON.
   (B) "CASHLESS TOLLING FACILITY" SHALL MEAN A TOLL HIGHWAY,  BRIDGE  OR
 TUNNEL FACILITY OPERATED BY A PUBLIC AUTHORITY THAT DOES NOT PROVIDE FOR
 THE IMMEDIATE ON-SITE PAYMENT IN CASH OF A TOLL OWED FOR THE USE OF SUCH
 FACILITY.
   (C)  "VIOLATION" SHALL MEAN THE FAILURE OF THE OWNER TO TIMELY RESPOND
 TO A TOLL BILL.
   (D) "TOLL BILL" SHALL MEAN A NOTICE SENT  TO  AN  OWNER  BY  A  PUBLIC
 AUTHORITY NOTIFYING SUCH OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR
 OPERATED  AT  A  CASHLESS  TOLLING  FACILITY, CROSSED A CASHLESS TOLLING
 MONITORING SYSTEM WITHOUT AN OPERABLE ELECTRONIC DEVICE AND HAS INCURRED
 AN OBLIGATION TO PAY A TOLL.
   2. NO SUSPENSION OF REGISTRATION OF A MOTOR VEHICLE SHALL OCCUR PURSU-
 ANT TO THIS ARTICLE FOR ANY CASHLESS  TOLL  VIOLATION  UNLESS  THERE  IS
 CLEAR  EVIDENCE  THE  OWNER OF SUCH MOTOR VEHICLE'S INTENT TO REPEATEDLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03876-01-3
 A. 9490                             2
 
 EVADE PAYING SUCH CASHLESS TOLLS.   BEGINNING  OCTOBER  THIRTEENTH,  TWO
 THOUSAND TWENTY, ANY CURRENT SUSPENSION OF REGISTRATION OF A MOTOR VEHI-
 CLE  FOR  ANY  CASHLESS  TOLL  VIOLATION WHICH LACK CLEAR EVIDENCE OF AN
 OWNER'S  INTENT  TO REPEATEDLY EVADE PAYING SUCH CASHLESS TOLLS SHALL BE
 REVERSED WITHOUT PENALTY TO SUCH OWNER OF SUCH VEHICLE.
   § 2. This act shall take effect immediately.