Legislation
SECTION 2985-A
Payment of tolls under the tolls by mail program
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 9, TITLE 11
* § 2985-a. Payment of tolls under the tolls by mail program. 1. This
section shall not apply to the payment of tolls by means of an
electronic toll device that transmits information through an electronic
toll collection system as defined in subdivision twelve of section
twenty-nine hundred eighty-five of this title.
2. For purposes of this section, the following terms shall have the
following meanings:
(a) "Cashless tolling facility" shall mean a toll roadway, 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
incurring an obligation to pay a toll at a cashless tolling facility,
and with respect to the vehicle identified in the toll bill or notice of
violation: (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 vehicle 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) subject to the
limitations set forth in subdivision 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.
(c) "Toll bill" shall mean a notice sent to an owner notifying such
owner that the owner's vehicle has been used or operated in or upon a
cashless tolling facility and the owner has incurred an obligation to
pay a toll.
(d) "Notice of violation" shall mean a notice sent to an owner
notifying such owner that a toll incurred at a cashless tolling facility
by the owner has not been paid at the place and time and in the manner
established for collection of such toll in the toll bill and that an
administrative violation fee is being imposed for each such unpaid toll.
(e) "Billing cycle" shall mean a period not to exceed thirty calendar
days once tolls have posted for purposes of consolidated toll billing.
(f) "Initial billing cycle" shall mean a period not to exceed fifteen
business days after identifying the owner or other party responsible for
paying the toll for the purpose of consolidated toll billing for an
obligation to pay a toll bill for the first time at a cashless tolling
facility in a six-month period.
(g) "Tolls by mail program" shall mean any program operated by or on
behalf of a public authority to send a toll bill to an owner whose
vehicle crosses a cashless tolling facility without a valid electronic
device that successfully transmits information through an electronic
toll collection system as defined in subdivision twelve of section
twenty-nine hundred eighty-five of this title.
(h) "Declaration of dispute" shall mean a submission by an owner
disputing all or any portion of a toll, fee, penalty, or other
obligation incurred by an owner whose vehicle crosses a cashless tolling
facility, in such form as the public authority shall provide in
regulations and through display on the authority's website.
3. In the case of an owner who incurs an obligation to pay a toll for
the first time in six months under the tolls by mail program at a
cashless tolling facility, a toll bill shall be sent within ten business
days after the end of the initial billing cycle and of each subsequent
billing cycle. In the case of all other owners incurring an obligation
to pay a toll at a cashless tolling facility, a toll bill shall be sent
at the end of the next billing cycle. Toll bills shall be sent to the
owner by first class mail, and may additionally be sent by electronic
means of communication upon the affirmative consent of the owner, by or
on behalf of the public authority which operates such cashless tolling
facility. The owner shall have thirty days from the date of the toll
bill to pay the incurred toll. The toll bill shall include: (i) the
total amount of the incurred tolls due, (ii) the date by which payment
of the incurred tolls is due, (iii) any administrative fees, (iv) the
address for receipt of payment and methods of payment for the toll, (v)
the procedure for contesting any toll and the contact information for
the relevant toll payer advocate office and customer service center,
(vi) information related to the failure to timely pay or respond to the
notice of liability, in addition to the possibility that a judgment can
be entered for repeat unpaid liabilities that could lead to a vehicle
being towed or immobilized, (vii) a website address or hyperlink for the
owner to access time-stamped photographs or footage of each toll
incurred by electronic means, (viii) information related to the
availability of the toll payer advocate to discuss payment options, and
(ix) other information required by law or by the public authority. Each
toll bill shall identify the date, time, location, license plate number,
and jurisdiction of the license plate for each toll that has been
incurred. Each toll bill shall include an image of the license plate of
the vehicle being used or operated on the toll facility. If the owner
fails to pay the initial toll bill, a second toll bill shall be sent in
the next billing cycle, which shall also indicate the overdue toll or
tolls and any administrative or late fees due.
4. In the case of an owner who does not pay a toll incurred under the
tolls by mail program on a cashless facility at the place and time and
in the manner established for collection of such toll in the second toll
bill, a notice of violation shall be sent notifying the owner that the
toll is unpaid and administrative violation fees are being imposed. The
notice of violation shall be sent to the owner by first class mail, and
may additionally be sent by electronic means of communication upon the
affirmative consent of the owner, by or on behalf of the public
authority which operates such cashless tolling facility. The notice of
violation shall include: (i) the total amount of unpaid tolls and
administrative violation fees due, (ii) the date by which payment of the
tolls and administrative violation fees is due, (iii) the address for
receipt of payment and methods of payment for the toll, (iv) the
procedure for contesting any toll and the contact information for the
relevant toll payer advocate office and customer service center, (v)
information related to the failure to timely pay or respond to the
notice of liability, in addition to the possibility that a judgment can
be entered for repeat unpaid liabilities that could lead to a vehicle
being towed or immobilized, (vi) a website address or hyperlink for the
owner to access time-stamped photographs or footage of each toll
incurred by electronic means, (vii) information related to the
availability of the toll payer advocate to discuss payment options, and
(viii) other information required by law or by the public authority.
Each notice of violation shall identify the date, time, location,
license plate number, and jurisdiction of the license plate for each
unpaid toll that has been incurred.
5. Any fee or administrative violation fee that is assessed on a
notice of violation pursuant to subdivision four of this section shall
be dismissed if the notice of violation was not sent within ninety days
of the second toll bill, provided that any toll or tolls incurred remain
due and payable and provided further that such dismissal shall not apply
in the event that exceptional circumstances, including but not limited
to technological failures, have delayed the timely mailing of the notice
of violation and the public authority has posted notice of such
circumstances prominently on its website within a reasonable time of
becoming aware of such circumstances, which shall be adequate record of
such circumstances.
6. Any toll bill or notice of violation required to be sent pursuant
to this section by first class mail may also be sent, with consent of
the owner, by electronic means of communication by or on behalf of the
public authority. It shall be the sole responsibility of the owner to
provide and update the address used for electronic means of
communication to the owner by the public authority. A manual or
automatic record of electronic communications prepared in the ordinary
course of business shall be adequate record of electronic notice.
7. Any owner who incurs an obligation to pay a toll under the tolls by
mail program at a public authority's cashless tolling facility shall
have an option to receive alerts by electronic means of communication
that a toll has been incurred. Such alerts shall be provided to the
owner who has elected to receive such alerts no more than seventy-two
hours after the owner is identified. Each public authority shall create
an online registration for an electronic means of communication alert
that a toll has been incurred under the tolls by mail program at a
cashless tolling facility. In the event an owner chooses to receive an
electronic means of communication alert of a toll incurred, it shall be
the owner's sole responsibility to provide and update any mobile
numbers, electronic mail addresses, or any other addresses used for
electronic means of communication to which alerts are sent. A manual or
automatic record of electronic communications prepared in the ordinary
course of business shall be adequate record of electronic notice.
8. If an owner receives a notice of violation 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 violation 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
sufficient 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
jurisdiction.
9. An owner who is a lessor of a vehicle to which a notice of
violation was issued pursuant to subdivision four of this section shall
not be liable for the violation of the toll collection regulations
provided the owner sends to the public authority serving the notice of
violation 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 violation. 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 the toll
collection regulations, provided that the public authority mails a
notice of violation to the lessee within ten business days after the
public authority 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, corporation, 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.
10. Except as provided in subdivision nine of this section, if a
person receives a notice of violation 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
violation 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
operator of the vehicle at the time of the violation, the owner may
maintain an action for indemnification against the operator.
11. Any public authority that operates a cashless tolling facility
shall: (i) maintain a website and toll-free phone number for any person
to receive updated information on any tolls or fees which are
outstanding; and (ii) establish procedures for owners to dispute any
tolls and violation fees incurred in connection with toll bills,
including a requirement that written determinations in such disputes
shall be issued within forty-five days of receipt of the owner's
declaration of dispute. Such information shall be prominently displayed
on such public authority's toll bills, notices of violation and website.
12. Every public authority that operates a cashless tolling facility
shall develop policies and procedures for the establishment on a
case-by-case basis of a written payment plan agreement for an owner's
unpaid tolls and administrative violation fees incurred at a cashless
tolling facility, subject to the availability of sufficient resources
for the public authority to administer such payment plans. Information
related to payment plans shall be made available upon the owner's
request to the public authority's customer service center. The public
authority shall not charge any additional amount or fee for enrollment
in a payment plan agreement. Owners shall fully comply with all payment
plan agreement terms and conditions and shall be subject to payment plan
agreement default provisions.
13. Every public authority that operates a cashless tolling facility
shall establish an office of such authority's toll payer advocate,
designed to further assist owners who remain unsatisfied after first
attempting resolution in writing of their concern with, and receiving
written determination from, such authority's customer service center.
The office of the toll payer advocate shall also endeavor to identify
any systemic issues and recommend reasonable improvements regarding the
use of and process involved with the payment of tolls under the tolls by
mail program at cashless tolling facilities to the public authority.
14. A public authority that operates a cashless tolling facility,
including the officers, employees, contractors and agents of such public
authority, shall not report to a consumer reporting agency, as defined
in 15 U.S.C. § 1681a, any toll, fee, penalty or other obligation
incurred by an owner related to use of a cashless tolling facility.
15. Nothing in this section shall prohibit a public authority from
collecting any toll or fee in the event that an owner does not properly
register a vehicle pursuant to the laws, rules and regulations of this
state, or any other state, territory, district, province, nation or
other jurisdiction.
16. Nothing in this section shall require a public authority to
perform any action or forbear from performing any action that would in
the public authority's sole discretion impair any covenant with the
holders of any of the public authority's bonds, notes or other
obligations.
* NB Effective provided that the state of New Jersey has enacted
legislation having an identical effect (see chapter 56 of 2024, Part WW
Subpart B)
section shall not apply to the payment of tolls by means of an
electronic toll device that transmits information through an electronic
toll collection system as defined in subdivision twelve of section
twenty-nine hundred eighty-five of this title.
2. For purposes of this section, the following terms shall have the
following meanings:
(a) "Cashless tolling facility" shall mean a toll roadway, 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
incurring an obligation to pay a toll at a cashless tolling facility,
and with respect to the vehicle identified in the toll bill or notice of
violation: (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 vehicle 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) subject to the
limitations set forth in subdivision 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.
(c) "Toll bill" shall mean a notice sent to an owner notifying such
owner that the owner's vehicle has been used or operated in or upon a
cashless tolling facility and the owner has incurred an obligation to
pay a toll.
(d) "Notice of violation" shall mean a notice sent to an owner
notifying such owner that a toll incurred at a cashless tolling facility
by the owner has not been paid at the place and time and in the manner
established for collection of such toll in the toll bill and that an
administrative violation fee is being imposed for each such unpaid toll.
(e) "Billing cycle" shall mean a period not to exceed thirty calendar
days once tolls have posted for purposes of consolidated toll billing.
(f) "Initial billing cycle" shall mean a period not to exceed fifteen
business days after identifying the owner or other party responsible for
paying the toll for the purpose of consolidated toll billing for an
obligation to pay a toll bill for the first time at a cashless tolling
facility in a six-month period.
(g) "Tolls by mail program" shall mean any program operated by or on
behalf of a public authority to send a toll bill to an owner whose
vehicle crosses a cashless tolling facility without a valid electronic
device that successfully transmits information through an electronic
toll collection system as defined in subdivision twelve of section
twenty-nine hundred eighty-five of this title.
(h) "Declaration of dispute" shall mean a submission by an owner
disputing all or any portion of a toll, fee, penalty, or other
obligation incurred by an owner whose vehicle crosses a cashless tolling
facility, in such form as the public authority shall provide in
regulations and through display on the authority's website.
3. In the case of an owner who incurs an obligation to pay a toll for
the first time in six months under the tolls by mail program at a
cashless tolling facility, a toll bill shall be sent within ten business
days after the end of the initial billing cycle and of each subsequent
billing cycle. In the case of all other owners incurring an obligation
to pay a toll at a cashless tolling facility, a toll bill shall be sent
at the end of the next billing cycle. Toll bills shall be sent to the
owner by first class mail, and may additionally be sent by electronic
means of communication upon the affirmative consent of the owner, by or
on behalf of the public authority which operates such cashless tolling
facility. The owner shall have thirty days from the date of the toll
bill to pay the incurred toll. The toll bill shall include: (i) the
total amount of the incurred tolls due, (ii) the date by which payment
of the incurred tolls is due, (iii) any administrative fees, (iv) the
address for receipt of payment and methods of payment for the toll, (v)
the procedure for contesting any toll and the contact information for
the relevant toll payer advocate office and customer service center,
(vi) information related to the failure to timely pay or respond to the
notice of liability, in addition to the possibility that a judgment can
be entered for repeat unpaid liabilities that could lead to a vehicle
being towed or immobilized, (vii) a website address or hyperlink for the
owner to access time-stamped photographs or footage of each toll
incurred by electronic means, (viii) information related to the
availability of the toll payer advocate to discuss payment options, and
(ix) other information required by law or by the public authority. Each
toll bill shall identify the date, time, location, license plate number,
and jurisdiction of the license plate for each toll that has been
incurred. Each toll bill shall include an image of the license plate of
the vehicle being used or operated on the toll facility. If the owner
fails to pay the initial toll bill, a second toll bill shall be sent in
the next billing cycle, which shall also indicate the overdue toll or
tolls and any administrative or late fees due.
4. In the case of an owner who does not pay a toll incurred under the
tolls by mail program on a cashless facility at the place and time and
in the manner established for collection of such toll in the second toll
bill, a notice of violation shall be sent notifying the owner that the
toll is unpaid and administrative violation fees are being imposed. The
notice of violation shall be sent to the owner by first class mail, and
may additionally be sent by electronic means of communication upon the
affirmative consent of the owner, by or on behalf of the public
authority which operates such cashless tolling facility. The notice of
violation shall include: (i) the total amount of unpaid tolls and
administrative violation fees due, (ii) the date by which payment of the
tolls and administrative violation fees is due, (iii) the address for
receipt of payment and methods of payment for the toll, (iv) the
procedure for contesting any toll and the contact information for the
relevant toll payer advocate office and customer service center, (v)
information related to the failure to timely pay or respond to the
notice of liability, in addition to the possibility that a judgment can
be entered for repeat unpaid liabilities that could lead to a vehicle
being towed or immobilized, (vi) a website address or hyperlink for the
owner to access time-stamped photographs or footage of each toll
incurred by electronic means, (vii) information related to the
availability of the toll payer advocate to discuss payment options, and
(viii) other information required by law or by the public authority.
Each notice of violation shall identify the date, time, location,
license plate number, and jurisdiction of the license plate for each
unpaid toll that has been incurred.
5. Any fee or administrative violation fee that is assessed on a
notice of violation pursuant to subdivision four of this section shall
be dismissed if the notice of violation was not sent within ninety days
of the second toll bill, provided that any toll or tolls incurred remain
due and payable and provided further that such dismissal shall not apply
in the event that exceptional circumstances, including but not limited
to technological failures, have delayed the timely mailing of the notice
of violation and the public authority has posted notice of such
circumstances prominently on its website within a reasonable time of
becoming aware of such circumstances, which shall be adequate record of
such circumstances.
6. Any toll bill or notice of violation required to be sent pursuant
to this section by first class mail may also be sent, with consent of
the owner, by electronic means of communication by or on behalf of the
public authority. It shall be the sole responsibility of the owner to
provide and update the address used for electronic means of
communication to the owner by the public authority. A manual or
automatic record of electronic communications prepared in the ordinary
course of business shall be adequate record of electronic notice.
7. Any owner who incurs an obligation to pay a toll under the tolls by
mail program at a public authority's cashless tolling facility shall
have an option to receive alerts by electronic means of communication
that a toll has been incurred. Such alerts shall be provided to the
owner who has elected to receive such alerts no more than seventy-two
hours after the owner is identified. Each public authority shall create
an online registration for an electronic means of communication alert
that a toll has been incurred under the tolls by mail program at a
cashless tolling facility. In the event an owner chooses to receive an
electronic means of communication alert of a toll incurred, it shall be
the owner's sole responsibility to provide and update any mobile
numbers, electronic mail addresses, or any other addresses used for
electronic means of communication to which alerts are sent. A manual or
automatic record of electronic communications prepared in the ordinary
course of business shall be adequate record of electronic notice.
8. If an owner receives a notice of violation 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 violation 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
sufficient 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
jurisdiction.
9. An owner who is a lessor of a vehicle to which a notice of
violation was issued pursuant to subdivision four of this section shall
not be liable for the violation of the toll collection regulations
provided the owner sends to the public authority serving the notice of
violation 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 violation. 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 the toll
collection regulations, provided that the public authority mails a
notice of violation to the lessee within ten business days after the
public authority 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, corporation, 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.
10. Except as provided in subdivision nine of this section, if a
person receives a notice of violation 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
violation 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
operator of the vehicle at the time of the violation, the owner may
maintain an action for indemnification against the operator.
11. Any public authority that operates a cashless tolling facility
shall: (i) maintain a website and toll-free phone number for any person
to receive updated information on any tolls or fees which are
outstanding; and (ii) establish procedures for owners to dispute any
tolls and violation fees incurred in connection with toll bills,
including a requirement that written determinations in such disputes
shall be issued within forty-five days of receipt of the owner's
declaration of dispute. Such information shall be prominently displayed
on such public authority's toll bills, notices of violation and website.
12. Every public authority that operates a cashless tolling facility
shall develop policies and procedures for the establishment on a
case-by-case basis of a written payment plan agreement for an owner's
unpaid tolls and administrative violation fees incurred at a cashless
tolling facility, subject to the availability of sufficient resources
for the public authority to administer such payment plans. Information
related to payment plans shall be made available upon the owner's
request to the public authority's customer service center. The public
authority shall not charge any additional amount or fee for enrollment
in a payment plan agreement. Owners shall fully comply with all payment
plan agreement terms and conditions and shall be subject to payment plan
agreement default provisions.
13. Every public authority that operates a cashless tolling facility
shall establish an office of such authority's toll payer advocate,
designed to further assist owners who remain unsatisfied after first
attempting resolution in writing of their concern with, and receiving
written determination from, such authority's customer service center.
The office of the toll payer advocate shall also endeavor to identify
any systemic issues and recommend reasonable improvements regarding the
use of and process involved with the payment of tolls under the tolls by
mail program at cashless tolling facilities to the public authority.
14. A public authority that operates a cashless tolling facility,
including the officers, employees, contractors and agents of such public
authority, shall not report to a consumer reporting agency, as defined
in 15 U.S.C. § 1681a, any toll, fee, penalty or other obligation
incurred by an owner related to use of a cashless tolling facility.
15. Nothing in this section shall prohibit a public authority from
collecting any toll or fee in the event that an owner does not properly
register a vehicle pursuant to the laws, rules and regulations of this
state, or any other state, territory, district, province, nation or
other jurisdiction.
16. Nothing in this section shall require a public authority to
perform any action or forbear from performing any action that would in
the public authority's sole discretion impair any covenant with the
holders of any of the public authority's bonds, notes or other
obligations.
* NB Effective provided that the state of New Jersey has enacted
legislation having an identical effect (see chapter 56 of 2024, Part WW
Subpart B)