Bill Text: NY A09490 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that no suspension of a registration shall occur for a violation regarding cashless tolls absent clear evidence of an owner's intent to repeatedly evade paying such tolls.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-03-14 - referred to transportation [A09490 Detail]

Download: New_York-2023-A09490-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9490

                   IN ASSEMBLY

                                     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:

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 510-e to read as follows:
     3    § 510-e. Suspension of registration; cashless toll violations. 1.  For
     4  the purpose of this section:
     5    (a)  "Owner"  shall  mean  any person, corporation, partnership, firm,
     6  agency, association, lessor or organization who, at the time  of  incur-
     7  ring  an  obligation  to  pay a toll at a cashless tolling facility, and
     8  with respect to the vehicle identified in the notice of toll due: (i) is
     9  the beneficial or equitable owner of such vehicle; or (ii) has title  to
    10  such  vehicle; or (iii) is the registrant or co-registrant of such vehi-
    11  cle which is registered with the department of motor  vehicles  of  this
    12  state or any other state, territory, district, province, nation or other
    13  jurisdiction;  or (iv) is a person entitled to the use and possession of
    14  a vehicle subject to a security interest in another person.
    15    (b) "Cashless tolling facility" shall mean a toll highway,  bridge  or
    16  tunnel facility operated by a public authority that does not provide for
    17  the immediate on-site payment in cash of a toll owed for the use of such
    18  facility.
    19    (c)  "Violation" shall mean the failure of the owner to timely respond
    20  to a toll bill.
    21    (d) "Toll bill" shall mean a notice sent  to  an  owner  by  a  public
    22  authority notifying such owner that the owner's vehicle has been used or
    23  operated  at  a  cashless  tolling  facility, crossed a cashless tolling
    24  monitoring system without an operable electronic device and has incurred
    25  an obligation to pay a toll.
    26    2. No suspension of registration of a motor vehicle shall occur pursu-
    27  ant to this article for any cashless  toll  violation  unless  there  is
    28  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

     1  evade paying such cashless tolls.   Beginning  October  thirteenth,  two
     2  thousand twenty, any current suspension of registration of a motor vehi-
     3  cle  for  any  cashless  toll  violation which lack clear evidence of an
     4  owner's  intent  to repeatedly evade paying such cashless tolls shall be
     5  reversed without penalty to such owner of such vehicle.
     6    § 2. This act shall take effect immediately.