Bill Text: NY A05214 | 2023-2024 | General Assembly | Amended

---

Bill Title: Relates to owner liability for failure of operators to comply with toll collection regulations; requires public authorities to send a notice to owners upon incurring an obligation to pay a toll; provides for the adjudication of such liability and defenses to an allegation of liability; repeals certain provisions of law relating thereto.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-07-22 - enacting clause stricken [A05214 Detail]

Download: New_York-2023-A05214-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         5214--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by  M.  of  A.  BURGOS, RIVERA, EICHENSTEIN -- read once and
          referred to the Committee on Corporations, Authorities and Commissions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  -- reported and referred to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Assembly Rule  3,  sec.  2  --  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:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "toll payer protection act".
     3    § 2. Subdivisions 3, 4 and 5 of section 2985 of the public authorities
     4  law, as added by chapter 379 of the laws of 1992, are amended and a  new
     5  subdivision 4-a is added to read as follows:
     6    3. For purposes of this section, the [term] following terms shall have
     7  the following meanings:
     8    (a)  "owner"  shall  mean  any person, corporation, partnership, firm,
     9  agency, association, lessor or organization who, [at  the  time  of  the
    10  violation  and]  with respect to the vehicle identified in the notice of
    11  liability: [(a)] (i) is the beneficial or equitable owner of such  vehi-
    12  cle;  or  [(b)]  (ii)  has  title to such vehicle; or [(c)] (iii) is the
    13  registrant or co-registrant of such vehicle which is registered with the
    14  department of motor vehicles of this state or any other state,  territo-
    15  ry,  district,  province,  nation  or  other jurisdiction; or [(d)] (iv)
    16  subject to the limitations set forth in subdivision [ten] nine  of  this
    17  section,  uses  such vehicle in its vehicle renting and/or leasing busi-
    18  ness; and (v) includes [(e)] a person entitled to the use and possession

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02773-08-4
        A. 5214--B                          2

     1  of a vehicle subject to a security  interest  in  another  person.  [For
     2  purposes of this section, the term]
     3    (b) "photo-monitoring system" shall mean a vehicle sensor installed to
     4  work  in conjunction with a toll collection facility which automatically
     5  produces one or more photographs, one or more microphotographs, a  vide-
     6  otape  or  other recorded images of each vehicle [at the time it is used
     7  or operated in violation of toll collection regulations]. [For  purposes
     8  of this section, the term]
     9    (c)  "toll  collection  regulations" shall mean: those rules and regu-
    10  lations of a public authority providing for and requiring the payment of
    11  tolls and/or charges prescribed by such public authority for the use  of
    12  bridges,  tunnels  or highways under its jurisdiction or those rules and
    13  regulations of a public authority making it unlawful to refuse to pay or
    14  to evade or to attempt to evade the payment of all or part of  any  toll
    15  and/or  charge  for  the  use  of bridges, tunnels or highways under the
    16  jurisdiction of such public authority. [For purposes  of  this  section,
    17  the term]
    18    (d) "vehicle" shall mean every device in, upon or by which a person or
    19  property  is  or  may  be  transported  or  drawn upon a highway, except
    20  devices used exclusively upon stationary rails or tracks.
    21    (e) "violation" shall mean the failure of an owner to pay  an assessed
    22  toll associated with the third notice of liability pursuant to  subdivi-
    23  sion five of this section.
    24    4.  A  certificate,  sworn  to  or  affirmed by an agent of the public
    25  authority which charged that [the violation occurred] a liability for an
    26  obligation to pay a toll has incurred, or  a  facsimile  thereof,  based
    27  upon  inspection  of  photographs,  microphotographs, videotape or other
    28  recorded images produced by a photo-monitoring  system  shall  be  prima
    29  facie evidence of the facts contained therein and shall be admissible in
    30  any  proceeding  charging  a  [violation of toll collection regulations]
    31  liability for a toll, provided that any  photographs,  microphotographs,
    32  videotape or other recorded images evidencing such [a violation] liabil-
    33  ity  for  a  toll  shall  be available for inspection and admission into
    34  evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
    35  [violation] toll.
    36    4-a.  In  adopting  procedures  for  the  preparation and mailing of a
    37  notice of liability pursuant to subdivision five of  this  section,  the
    38  public  authority having jurisdiction over the toll facility shall adopt
    39  guidelines to ensure adequate and timely notice to all electronic   toll
    40  collection system account holders to inform them when their accounts are
    41  delinquent.
    42    5.  (a)    The  public authority shall, within thirty days of an owner
    43  incurring an obligation to pay a toll, send a first notice of  liability
    44  by first-class mail to such owner.  Such first notice of liability shall
    45  include:  (i) the date, time, location, license plate number and vehicle
    46  registration for each toll incurred; (ii) the identification  number  of
    47  the photo-monitoring system which recorded the imposition of the toll or
    48  other  document  locator number; (iii) the total amount of the toll due;
    49  (iv) the date by which the toll  must  be  paid;  (v)  the  address  for
    50  receipt   of  payment  and  methods  of  payment  for the toll; (vi) the
    51  procedure for contesting any toll;  (vii)  information  related  to  the
    52  failure  to timely pay or respond to the notice of liability; (viii) the
    53  time-stamped photographs or footage of each toll incurred; and (ix)  any
    54  other  information  required by law or by the authority. The owner shall
    55  have thirty days from the date such first notice of liability  was  sent
    56  to pay the  assessed toll or appeal such liability.
        A. 5214--B                          3

     1    (b)   If   an owner fails to pay the assessed toll associated with the
     2  first notice of liability within thirty days of incurring an  obligation
     3  to  pay  a  toll,  the  public  authority  shall send a second notice of
     4  liability by first-class mail within thirty days of the date  the  owner
     5  was  required  to respond to such first notice of liability. Such second
     6  notice of liability may include a penalty for late payment, which  shall
     7  not  exceed  five  dollars  and shall include all of   the   information
     8  required pursuant to paragraph (a) of this subdivision.  The owner shall
     9  have thirty days from the date such second notice of liability was  sent
    10  to pay the assessed toll and penalties,  or appeal such liability.
    11    (c)  If  an  owner  fails to pay the assessed toll associated with the
    12  second notice of liability within thirty days of  the  mailing  of  such
    13  second notice of liability established in paragraph (b) of this subdivi-
    14  sion, the public authority shall send by first-class mail a third notice
    15  of  liability  within  thirty days of the date the owner was required to
    16  respond to such second notice of liability. The third notice of  liabil-
    17  ity  may  include  a  penalty  which shall be twenty-five dollars or two
    18  times the toll evaded, whichever is greater and shall include all of the
    19  information required pursuant to paragraph (a) of this subdivision.  The
    20  owner  shall have thirty days from the date such third notice of liabil-
    21  ity was sent to pay the assessed toll and   penalties,  or  appeal  such
    22  liability.
    23    (d)  If  the  public  authority  fails to send any notice of liability
    24  within the timeframes set forth in this subdivision, the owner shall not
    25  be liable for payment of the tolls, or any penalty established or  asso-
    26  ciated with such notice of liability.
    27    (e)  Any  first  notice of liability required by paragraph (a) of this
    28  subdivision to be sent by first-class mail may instead be sent by  elec-
    29  tronic  means of communication upon the affirmative consent of the owner
    30  in a form prescribed  by  the  authority.  Any  affirmative  consent  to
    31  receive a first notice of liability by electronic means shall be revoca-
    32  ble  by  the  owner  at any time with notice to the public authority and
    33  shall automatically be deemed revoked if  the  authority  is  unable  to
    34  deliver  two  consecutive  notices by electronic means of communication.
    35  Any such affirmative consent shall be a separate  consent  and  separate
    36  signature.
    37    5-a.  An  owner found liable for a violation [of toll collection regu-
    38  lations pursuant to this section], as defined in  subdivision  three  of
    39  this  section, shall for a first violation thereof be liable for a mone-
    40  tary penalty [not to exceed fifty dollars or two times the  toll  evaded
    41  whichever  is  greater]  in  accordance  with  subdivision  five of this
    42  section; for a second violation thereof both within eighteen  months  be
    43  liable  for a monetary penalty not to exceed [one hundred] fifty dollars
    44  or five times the toll evaded whichever  is  greater;  for  a  third  or
    45  subsequent  violation thereof all within eighteen months be liable for a
    46  monetary penalty not to exceed one hundred [fifty] dollars or ten  times
    47  the toll evaded whichever is greater.
    48    §  3.  Subdivisions  7,  8, 9, 10 and 11 of section 2985 of the public
    49  authorities law are REPEALED and four new subdivisions 7, 8,  9  and  10
    50  are added to read as follows:
    51    7.  Every  public authority that operates a cashless tolling facility,
    52  tolls by mail program, or any photo-monitoring system  shall  promulgate
    53  rules and regulations establishing a procedure by which a person alleged
    54  to  be   liable for the payment of a toll or a violation may appeal such
    55  alleged liability or violation. Such rules and regulations shall  ensure
    56  such  public  authority  completes  its investigation and issues, within
        A. 5214--B                          4

     1  thirty days, to the owner a final written determination  of  any  appeal
     2  pursuant  to  this section. Such written determination shall include the
     3  relevant facts established, the  reasons  for  the  determination,  what
     4  actions  must  be  taken  by  the owner in association with the determi-
     5  nation, and what further procedures are available to the owner.
     6    8. Adjudication of an owner's liability shall be by the entity  having
     7  jurisdiction over the cashless tolling facility or, where authorized, by
     8  an  administrative  tribunal and all such liability determinations shall
     9  be heard and determined either: (a) in the county  in  which  the  obli-
    10  gation to pay a toll through the cashless tolling program was alleged to
    11  occur;  or  (b)  where  the toll is alleged to have been incurred in the
    12  city of New York and upon the consent of both  parties,  in  any  county
    13  within  the  city  of New York in which the public authority operates or
    14  maintains a cashless tolling facility. Such adjudications shall be heard
    15  and determined in  the  same  manner  as  charges  of  other  regulatory
    16  violations  of  such public authority or pursuant to the rules and regu-
    17  lations of such administrative tribunal as the case may be.
    18    9. It shall be a valid defense to an allegation  of  liability  for  a
    19  toll and/or violation  that:
    20    (a)  the vehicle was not used or operated in incurring a toll pursuant
    21  to this section or the regulations promulgated hereunder;
    22    (b)  the vehicle was used or operated without  the  permission  of the
    23  owner, express or implied;
    24    (c)  the  recipient  of a notice of liability, pursuant to subdivision
    25  five of this section, was not the owner of the vehicle at the  time  the
    26  obligation to pay the  toll occurred;
    27    (d)  the  vehicle had been stolen prior to the time the obligation was
    28  incurred and was not in the possession of the  owner  at  the  time  the
    29  obligation  was incurred. For the purposes of asserting this defense, it
    30  shall be sufficient that a certified copy of the police  report  on  the
    31  stolen  vehicle  is  submitted  to  the public authority, court or other
    32  entity having jurisdiction; and
    33    (e) the vehicle had  been  leased  at  the  time  the  obligation  was
    34  incurred.  For the purpose of asserting this defense, it shall be suffi-
    35  cient that a copy of the rental lease or other contract document  cover-
    36  ing  the  vehicle  on  the  date and time the toll was incurred has been
    37  submitted to the public authority, court or other entity  having  juris-
    38  diction  within  sixty  days of the lessor receiving the first notice of
    39  liability pursuant to subdivision five of this section.   Such  document
    40  shall  include  the  name  and  address of the lessee. Failure to timely
    41  submit such information shall constitute a waiver of this defense. Where
    42  the lessor complies with the provisions  of  this  section,  the  lessee
    43  shall  be  deemed  to  be  the owner of the vehicle for purposes of this
    44  section and shall be subject to  liability  pursuant  to  this  section,
    45  provided  that  the authority mails a toll bill to the lessee within ten
    46  days after the public authority, court or other entity having  jurisdic-
    47  tion, deems the lessee to be the owner.
    48    10.  If  the  owner  liable  for  a toll or violation pursuant to this
    49  section was not the operator of the vehicle at the  time  the  toll  was
    50  incurred,  such owner may maintain an action for indemnification against
    51  the operator.
    52    § 4. Subdivision 12 of section 2985 of the public authorities  law  is
    53  REPEALED  and  subdivisions 13 and 14 are renumbered subdivisions 11 and
    54  12.
        A. 5214--B                          5

     1    § 5. Subdivision 12 of section 2985 of the public authorities law,  as
     2  added  by  chapter  379 of the laws of 1992 and as renumbered by section
     3  four of this act, is amended to read as follows:
     4    12.  Notwithstanding  any  other  provision  of  law, all photographs,
     5  microphotographs, videotape or other recorded images  prepared  pursuant
     6  to  this section shall be for the exclusive use of a public authority in
     7  the discharge of its duties under this section and shall not be open  to
     8  the  public nor be used in any court in any action or proceeding pending
     9  therein unless such action or proceeding relates to the imposition of or
    10  indemnification for liability  pursuant  to  this  section.  The  public
    11  authority, including any subsidiary or contractor involved in implement-
    12  ing or operating any cashless tolling facility, photo-monitoring system,
    13  electronic  toll  collection  system  or toll by mail program, shall not
    14  sell, distribute or make available in any way, the names  and  addresses
    15  of  electronic toll collection system account holders, or any owner that
    16  participates in, or is subject to, such  systems  or  programs,  without
    17  such  account  holders'  or  owners' consent to any entity that will use
    18  such information for any commercial purpose provided that the  foregoing
    19  restriction  shall not be deemed to preclude the exchange of such infor-
    20  mation between any entities with jurisdiction over [and] such system  or
    21  programs  or  [operating]  the operation of a toll highway bridge and/or
    22  tunnel facility.
    23    § 6. Section 2985 of the public authorities law is amended  by  adding
    24  three new subdivisions 13, 14 and 15 to read as follows:
    25    13.  (a) On or after the effective date of this subdivision, no public
    26  authority which operates a cashless tolling  facility,  photo-monitoring
    27  system, electronic toll collection system or tolls by mail program shall
    28  sell  or  transfer any debt owed to the public authority by an owner for
    29  incurring a toll to a debt collection agency unless one year has  passed
    30  from  the  date the public authority sent the first notice of liability,
    31  pursuant to subdivision five of this section, to the owner or the  owner
    32  has a total debt owed to the public authority of one thousand dollars or
    33  more. The public authority shall not sell or transfer any debt to a debt
    34  collection  agency  unless  such public authority   has first obtained a
    35  default judgment in a court or administrative tribunal with jurisdiction
    36  over the assessed toll.
    37    (b) A notice shall be sent by first-class mail advising the owner that
    38  the debt described in paragraph (a) of this subdivision shall be sold or
    39  transferred by the authority to a debt collection agency on a  specified
    40  date no less than thirty days prior to such sale or transfer.
    41    14.  Every public authority that operates any cashless tolling facili-
    42  ty, photo-monitoring system, electronic toll collection system or  tolls
    43  by  mail  program  shall promulgate rules and regulations that establish
    44  the ability for owners to enter into installment payment plans  for  the
    45  payment  of  any  toll  and/or  penalty incurred as part of any cashless
    46  tolling facility, photo-monitoring system,  electronic  toll  collection
    47  system  or tolls by mail program. Information related to such plan shall
    48  be included in any notice of liability pursuant to subdivision  five  of
    49  this  section  and  shall  be displayed conspicuously on the authority's
    50  websites. Each owner, at his or her election, may  participate  in  such
    51  plan.  The  public  authority  shall  not  charge any additional fees or
    52  penalties for enrollment in a payment plan.
    53    15. Every public authority that operates  or  maintains  any  cashless
    54  tolling  facility,  photo-monitoring  system, electronic toll collection
    55  system or tolls by mail program shall submit an annual  report  on  such
    56  system or program to the governor, the temporary president of the senate
        A. 5214--B                          6

     1  and  the  speaker of the assembly and post such report on its website on
     2  or before January second each year. Such report shall include,  but  not
     3  be  limited  to,  the  following information relating to the immediately
     4  preceding calendar year:
     5    (a)  the  locations where vehicle sensors for photo-monitoring systems
     6  were used;
     7    (b) the aggregate number of tolls paid at the locations where cashless
     8  tolling facilities were used, including both through the use of an elec-
     9  tronic toll collection system and through the tolls by mail program;
    10    (c) the number of owners that paid their toll  through  the  tolls  by
    11  mail program;
    12    (d)  the  number  of  owners  that paid their toll upon receipt of the
    13  first notice of liability pursuant to subdivision five of this  section,
    14  the  number  of  owners that paid their  toll upon receipt of the second
    15  notice of liability pursuant to subdivision five of  this  section,  the
    16  number  of  owners that paid their toll upon receipt of the third notice
    17  of liability pursuant to subdivision  five  of  this  section,  and  the
    18  number  of owners whose notices were returned to the public authority as
    19  undeliverable;
    20    (e) the number of owners that were charged fees or penalties  pursuant
    21  to  this section, and the aggregate amount of fees or penalties, includ-
    22  ing fees or penalties for late payments, and fees or penalties collected
    23  by the authority broken down by the category of such fees or penalties;
    24    (f) the number of owners that  disputed  a  notice  pursuant  to  this
    25  section, including a breakdown of the number of owners that successfully
    26  disputed  such  notice  and  an  itemized  breakdown  of the reasons for
    27  successfully disputed tolls;
    28    (g) a copy of all rules  and  regulations  the  public  authority  has
    29  promulgated pursuant to this section;
    30    (h)  the  number  of  tolls  adjudicated by every public authority and
    31  court, including any appeal of such adjudications, and  the  results  of
    32  all  adjudications  including  breakdowns of dispositions made for tolls
    33  recorded by such systems;
    34    (i) the total amount of revenue realized by such public authority from
    35  such adjudications; and
    36    (j) expenses incurred by such public authority in connection with  any
    37  cashless tolling facility, cashless tolling monitoring system, electron-
    38  ic  toll collection system or tolls by mail program implemented or oper-
    39  ated by the public authority.
    40    § 7. This act shall take effect immediately.