Bill Text: NY A09805 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts the "toll payer protection act" to establish a New York toll payers' bill of rights; provides that any person, firm, corporation, or other entity who is charged with the payment of a cashless toll fee in the state of New York shall have the option to be notified by text message or electronic mail that such fee has been so charged, the entity to which such fee must be paid, and the date by when such fee must be paid; further provides for the establishment of a payment plan for the payment of a toll fee and any related penalties; makes related provisions.
Spectrum: Moderate Partisan Bill (Democrat 17-5)
Status: (Vetoed) 2018-12-28 - tabled [A09805 Detail]
Download: New_York-2017-A09805-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9805--A IN ASSEMBLY 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: 1 Section 1. This act shall be known and may be cited as the "toll payer 2 protection act". 3 § 2. Section 2985 of the public authorities law is REPEALED. 4 § 3. Article 9 of the public authorities law is amended by adding a 5 new title 11-A to read as follows: 6 TITLE 11-A 7 TOLL COLLECTIONS 8 Section 2985. Owner liability for failure of operator to comply with 9 toll collection regulations. 10 2985-a. Cashless tolling. 11 § 2985. Owner liability for failure of operator to comply with toll 12 collection regulations. 1. Notwithstanding any other provision of law, 13 every public authority which operates a toll highway bridge and/or 14 tunnel facility is hereby authorized and empowered to impose monetary 15 liability on the owner of a vehicle for failure of an operator thereof 16 to comply with the toll collection regulations of such public authority 17 in accordance with the provisions of this section. 18 2. The owner of a vehicle shall be liable for a civil penalty imposed 19 pursuant to this section if such vehicle was used or operated with the 20 permission of the owner, express or implied, in violation of toll 21 collection regulations, and such violation is evidenced by information 22 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. LBD14156-08-8A. 9805--A 2 1 owner of a vehicle shall be liable for a penalty imposed pursuant to 2 this section where the operator of such vehicle has been convicted of a 3 violation of toll collection regulations for the same incident. 4 3. For purposes of this section, the term "owner" shall mean any 5 person, corporation, partnership, firm, agency, association, lessor or 6 organization who, at the time of the violation and with respect to the 7 vehicle identified in the notice of liability: (a) is the beneficial or 8 equitable owner of such vehicle; or (b) has title to such vehicle; or 9 (c) is the registrant or co-registrant of such vehicle which is regis- 10 tered with the department of motor vehicles of this state or any other 11 state, territory, district, province, nation or other jurisdiction; or 12 (d) subject to the limitations set forth in subdivision ten of this 13 section, uses such vehicle in its vehicle renting and/or leasing busi- 14 ness; and includes (e) a person entitled to the use and possession of a 15 vehicle subject to a security interest in another person. For purposes 16 of this section, the term "photo-monitoring system" shall mean a vehicle 17 sensor installed to work in conjunction with a toll collection facility 18 which automatically produces one or more photographs, one or more micro- 19 photographs, a videotape or other recorded images of each vehicle at the 20 time it is used or operated in violation of toll collection regulations. 21 For purposes of this section, the term "toll collection regulations" 22 shall mean those rules and regulations of a public authority providing 23 for and requiring the payment of tolls and/or charges prescribed by such 24 public authority for the use of bridges, tunnels or highways under its 25 jurisdiction or those rules and regulations of a public authority making 26 it unlawful to refuse to pay or to evade or to attempt to evade the 27 payment of all or part of any toll and/or charge for the use of bridges, 28 tunnels or highways under the jurisdiction of such public authority. For 29 purposes of this section, the term "vehicle" shall mean every device in, 30 upon or by which a person or property is or may be transported or drawn 31 upon a highway, except devices used exclusively upon stationary rails or 32 tracks. 33 4. A certificate, sworn to or affirmed by an agent of the public 34 authority which charged that the violation occurred, or a facsimile 35 thereof, based upon inspection of photographs, microphotographs, vide- 36 otape or other recorded images produced by a photo-monitoring system 37 shall be prima facie evidence of the facts contained therein and shall 38 be admissible in any proceeding charging a violation of toll collection 39 regulations, provided that any photographs, microphotographs, videotape 40 or other recorded images evidencing such a violation shall be available 41 for inspection and admission into evidence in any proceeding to adjudi- 42 cate the liability for such violation. 43 5. An owner found liable for a violation of toll collection regu- 44 lations pursuant to this section shall for a first violation thereof be 45 liable for a monetary penalty not to exceed fifty dollars or two times 46 the toll evaded whichever is greater; for a second violation thereof 47 both within eighteen months be liable for a monetary penalty not to 48 exceed one hundred dollars or five times the toll evaded whichever is 49 greater; for a third or subsequent violation thereof all within eighteen 50 months be liable for a monetary penalty not to exceed one hundred fifty 51 dollars or ten times the toll evaded whichever is greater. 52 6. An imposition of liability pursuant to this section shall be based 53 upon a preponderance of evidence as submitted. An imposition of liabil- 54 ity pursuant to this section shall not be deemed a conviction as an 55 operator and shall not be made part of the motor vehicle operating 56 record, furnished pursuant to section three hundred fifty-four of theA. 9805--A 3 1 vehicle and traffic law, of the person upon whom such liability is 2 imposed nor shall it be used for insurance purposes in the provision of 3 motor vehicle insurance coverage. 4 7. (a) A notice of liability shall be sent by first class mail to each 5 person alleged to be liable as an owner for a violation of toll 6 collection regulations. Such notice shall be mailed no later than thirty 7 days after the alleged violation. Personal delivery on the owner shall 8 not be required. A manual or automatic record of mailing prepared in the 9 ordinary course of business shall be prima facie evidence of the mailing 10 of the notice. 11 (b) A notice of liability shall contain the name and address of the 12 person alleged to be liable as an owner for a violation of toll 13 collection regulations pursuant to this section, the registration number 14 of the vehicle involved in such violation, the location where such 15 violation took place, the date and time of such violation and the iden- 16 tification number of the photo-monitoring system which recorded the 17 violation or other document locator number. 18 (c) The notice of liability shall contain information advising the 19 person charged of the manner and the time in which he may contest the 20 liability alleged in the notice. Such notice of liability shall also 21 contain a warning to advise the persons charged that failure to contest 22 in the manner and time provided shall be deemed an admission of liabil- 23 ity and that a default judgment may be entered thereon. 24 (d) The notice of liability shall be prepared and mailed by the public 25 authority having jurisdiction over the toll facility where the violation 26 of toll collection regulations occurred. 27 8. Adjudication of the liability imposed upon owners by this section 28 shall be by the entity having jurisdiction over violations of the rules 29 and regulations of the public authority serving the notice of liability 30 or where authorized by an administrative tribunal and all violations 31 shall be heard and determined in the county in which the violation is 32 alleged to have occurred, or in New York city and upon the consent of 33 both parties, in any county within New York city in which the public 34 authority operates or maintains a facility, and in the same manner as 35 charges of other regulatory violations of such public authority or 36 pursuant to the rules and regulations of such administrative tribunal as 37 the case may be. 38 9. If an owner receives a notice of liability pursuant to this section 39 for any time period during which the vehicle was reported to the police 40 department as having been stolen, it shall be a valid defense to an 41 allegation of liability for a violation of toll collection regulations 42 that the vehicle had been reported to the police as stolen prior to the 43 time the violation occurred and had not been recovered by such time. If 44 an owner receives a notice of liability pursuant to this section for any 45 time period during which the vehicle was stolen, but not as yet reported 46 to the police as having been stolen, it shall be a valid defense to an 47 allegation of liability for a violation of toll collection regulations 48 pursuant to this section that the vehicle was reported as stolen within 49 two hours after the discovery of the theft by the owner. For purposes 50 of asserting the defense provided by this subdivision it shall be suffi- 51 cient that a certified copy of the police report on the stolen vehicle 52 be sent by first class mail to the court or other entity having juris- 53 diction. 54 10. An owner who is a lessor of a vehicle to which a notice of liabil- 55 ity was issued pursuant to subdivision seven of this section shall not 56 be liable for the violation of the toll collection regulation providedA. 9805--A 4 1 that he or she sends to the public authority serving the notice of 2 liability and to the court or other entity having jurisdiction a copy of 3 the rental, lease or other such contract document covering such vehicle 4 on the date of the violation, with the name and address of the lessee 5 clearly legible, within thirty days after receiving the original notice 6 of liability. Failure to send such information within such thirty day 7 time period shall render the lessor liable for the penalty prescribed by 8 this section. Where the lessor complies with the provisions of this 9 subdivision, the lessee of such vehicle on the date of such violation 10 shall be deemed to be the owner of such vehicle for purposes of this 11 section and shall be subject to liability for the violation of toll 12 collection regulations, provided that the public authority mails a 13 notice of liability to the lessee within ten days after the court, or 14 other entity having jurisdiction, deems the lessee to be the owner. For 15 purposes of this subdivision the term "lessor" shall mean any person, 16 corporation, firm, partnership, agency, association or organization 17 engaged in the business of renting or leasing vehicles to any lessee 18 under a rental agreement, lease or otherwise wherein the said lessee has 19 the exclusive use of said vehicle for any period of time. For purposes 20 of this subdivision, the term "lessee" shall mean any person, corpo- 21 ration, firm, partnership, agency, association or organization that 22 rents, leases or contracts for the use of one or more vehicles and has 23 exclusive use thereof for any period of time. 24 11. Except as provided in subdivision ten of this section, if a person 25 receives a notice of liability pursuant to this section it shall be a 26 valid defense to an allegation of liability for a violation of toll 27 collection regulations that the individual who received the notice of 28 liability pursuant to this section was not the owner of the vehicle at 29 the time the violation occurred. If the owner liable for a violation of 30 toll collection regulations pursuant to this section was not the opera- 31 tor of the vehicle at the time of the violation, the owner may maintain 32 an action for indemnification against the operator. 33 12. "Electronic toll collection system" shall mean a system of 34 collecting tolls or charges which is capable of charging an account 35 holder the appropriate toll or charge by transmission of information 36 from an electronic device on a motor vehicle to the toll lane, which 37 information is used to charge the account the appropriate toll or 38 charge. In adopting procedures for the preparation and mailing of a 39 notice of liability, the public authority having jurisdiction over the 40 toll facility shall adopt guidelines to ensure adequate and timely 41 notice to all electronic toll collection system account holders to 42 inform them when their accounts are delinquent. An owner who is an 43 account holder under the electronic toll collection system shall not be 44 found liable for a violation of this section unless such authority has 45 first sent a notice of delinquency to such account holder and the 46 account holder was in fact delinquent at the time of the violation. 47 13. Nothing in this section shall be construed to limit the liability 48 of an operator of a vehicle for any violation of toll collection regu- 49 lations. 50 14. Notwithstanding any other provision of law, all photographs, 51 microphotographs, videotape or other recorded images prepared pursuant 52 to this section shall be for the exclusive use of a public authority in 53 the discharge of its duties under this section and shall not be open to 54 the public nor be used in any court in any action or proceeding pending 55 therein unless such action or proceeding relates to the imposition of or 56 indemnification for liability pursuant to this section. The publicA. 9805--A 5 1 authority shall not sell, distribute or make available in any way, the 2 names and addresses of electronic toll collection system account hold- 3 ers, without such account holders' consent to any entity that will use 4 such information for any commercial purpose provided that the foregoing 5 restriction shall not be deemed to preclude the exchange of such infor- 6 mation between any entities with jurisdiction over and or operating a 7 toll highway bridge and/or tunnel facility. 8 § 2985-a. Cashless tolling. 1. For purposes of this section, the 9 following terms shall have the following meanings: 10 (a) "cashless tolling facility" shall mean a toll highway bridge or 11 tunnel facility that does not provide for the immediate on-site payment 12 in cash of a toll owed for the use of such facility; 13 (b) "owner" shall mean any person, corporation, partnership, firm, 14 agency, association, lessor or organization who, at the time of incur- 15 ring an obligation to pay a toll at a cashless tolling facility, and 16 with respect to the vehicle identified in the notice of toll due: (i) is 17 the beneficial or equitable owner of such vehicle; or (ii) has title to 18 such vehicle; or (iii) is the registrant or co-registrant of such vehi- 19 cle which is registered with the department of motor vehicles of this 20 state or any other state, territory, district, province, nation or other 21 jurisdiction; or (iv) is subject to the limitations set forth in subdi- 22 vision ten of section twenty-nine hundred eighty-five of this title, 23 uses such vehicle in its vehicle renting and/or leasing business; or (v) 24 is a person entitled to the use and possession of a vehicle subject to a 25 security interest in another person; and 26 (c) "notice of toll due" shall mean a notice sent to an owner notify- 27 ing such owner that the owner's vehicle has been used or operated in or 28 upon a cashless tolling facility and has incurred an obligation to pay a 29 toll. 30 2. (a) In the case of an owner who incurs an obligation to pay a toll 31 at a cashless tolling facility a notice of toll due shall be sent by 32 first class mail by the public authority which operates such cashless 33 tolling facility to the owner within thirty days of incurring the obli- 34 gation to pay the toll at such cashless tolling facility. The owner 35 shall have thirty days from the date the notice of toll due was sent by 36 first class mail to pay the assessed toll, without liability for any 37 other charges, fees, or monetary penalties. The notice of toll due 38 shall include: (i) the date, time, location, license plate number and 39 vehicle registration for each assessed toll due; (ii) the total amount 40 of the assessed toll due; (iii) the date by which payment of the 41 assessed toll is due; (iv) the authority to which the assessed toll must 42 be paid; and (v) any other information required by law or by the author- 43 ity. If an authority fails to send a timely notice of toll due, as set 44 forth in this section, the owner shall not be liable for payment of the 45 alleged tolls, monetary penalties, fees or other charges. 46 (b) If an owner fails to respond timely to such notice of toll due 47 within thirty days of the date the notice was sent, a second notice of 48 toll due shall be sent. Such second notice of toll due may include a fee 49 for late payment, but in no case shall such fee exceed five dollars. The 50 owner shall have thirty days from the date the second notice was sent to 51 pay the assessed toll and any fee. 52 (c) If an owner fails to respond timely to the second notice of toll 53 due the authority which operates the cashless tolling facility shall be 54 authorized to send a notice of liability. The notice of liability shall 55 contain the information described in subdivision seven of section twen- 56 ty-nine hundred eighty-five of this title. The owner shall have ninetyA. 9805--A 6 1 days from the date such notice of liability was sent to (i) pay the 2 assessed toll or (ii) contest the notice. 3 (d) If an owner fails to respond to the notice of liability or is 4 found liable for the assessed toll, the owner shall pay (i) the assessed 5 toll; (ii) any fees set by the authority, provided, however, that the 6 total amount of fees shall not exceed an amount equal to the amount of 7 the toll; and (iii) a monetary penalty which shall equal to twenty-five 8 dollars or double the amount of the toll due, whichever is greater. 9 3. Every public authority which operates a cashless tolling facility 10 shall promulgate rules and regulations that establish an installment 11 payment plan for the payment of any toll incurred at a cashless tolling 12 facility. Information related to such plan shall be included in the 13 notice of toll due and the notice of liability and shall be displayed 14 conspicuously on the authorities' website. Each owner, at his or her 15 election, may participate in such plan. The authority shall not charge 16 any additional fees or penalties for enrollment into a payment plan. 17 4. Every public authority which operates a cashless tolling facility 18 shall establish a procedure with which a person alleged to be liable may 19 contest such alleged liability or toll due including a hearing and the 20 right to appeal. The notice of toll due and notice of liability shall 21 contain information advising the person charged of the manner and the 22 time in which he or she may contest the assessed toll and any liability 23 alleged in the notice. 24 5. Any toll fee that will be charged for the usage of any bridge, 25 tunnel, road, or any other entity shall be displayed conspicuously and 26 prominently on signage of a reasonable size in a manner reasonably 27 calculated to provide ample and adequate notice. 28 6. (a) On or after the effective date of this section, no public 29 authority which operates a cashless tolling facility shall sell or 30 transfer any debt owed to the public authority by an owner for a 31 violation of toll collection regulations to a debt collection agency 32 unless one year has passed from the date the owner was found liable for 33 the violation of toll collection regulations associated with such debt, 34 or the owner has a total debt owed to the public authority of one thou- 35 sand dollars or more. The authority shall obtain a default judgment in a 36 court or administrative tribunal with jurisdiction over the assessed 37 toll before selling or transferring any debt to a debt collection agen- 38 cy. 39 (b) A notice shall be sent by first class mail advising the owner that 40 the above debt shall be sold or transferred by the authority to a debt 41 collection agency on a specified date no less than thirty days prior to 42 such sale or transfer. 43 (c) For purposes of this subdivision "debt collection agency" shall 44 mean a person, firm or corporation engaged in business, the principal 45 purpose of which is to regularly collect or attempt to collect debts 46 owed or due or asserted to be owed or due to another and shall also 47 include a buyer of delinquent debt who seeks to collect such debt either 48 directly or through the services of another by, including but not limit- 49 ed to, initiating or using legal processes or other means to collect or 50 attempt to collect such debt. 51 7. Notwithstanding the provisions of any other law, order, rule or 52 regulation to the contrary, no registration of a motor vehicle shall be 53 suspended resulting from an obligation to pay a toll at a cashless toll- 54 ing facility as described in this section and the commissioner of motor 55 vehicles shall not suspend the registration of a motor vehicle resultingA. 9805--A 7 1 from an obligation to pay a toll at a cashless tolling facility as 2 described in this section. 3 8. Every public authority which operates a cashless tolling facility 4 shall undertake a public awareness campaign regarding the use of and 5 process involved with the payment of tolls at cashless tolling facili- 6 ties. Each public authority shall provide for sufficient methods to 7 obtain an electronic device for the charging of tolls through an elec- 8 tronic toll collection system as defined in subdivision twelve of 9 section twenty-nine hundred eighty-five of this title, including making 10 such devices available at any rest area owned or operated by each 11 authority. Any public authority that operates a cashless tolling facili- 12 ty shall maintain a website and toll-free phone number for any person to 13 receive updated information on any tolls or fees which are outstanding, 14 including, where feasible, the receiving of such updated information by 15 electronic mail or text message. Such website and phone number shall be 16 included on any notice of toll due or notice of liability sent by the 17 authority. 18 § 4. a. Within 90 days of the effective date of this act, the Tribor- 19 ough bridge and tunnel authority, the public authority created pursuant 20 to chapter 870 of the laws of 1939, herein after the authority, shall 21 implement an amnesty program for any person who owes tolls, fines, fees, 22 or penalties for a toll incurred at any cashless tolling facility oper- 23 ated by the authority. Such amnesty program shall be at least five weeks 24 in duration, and shall be available for any toll obligation incurred on 25 or after November 1, 2016. The amnesty program shall also be made avail- 26 able for any toll obligation incurred at a cashless tolling facility 27 operated by the authority that has been referred to a debt collections 28 agency or has resulted in the suspension of a vehicle registration. The 29 amnesty program shall provide for the waiver of all fees, fines, and 30 penalties associated with an outstanding toll balance if such outstand- 31 ing toll balance is paid in full by the end of the amnesty program. Upon 32 payment of an outstanding toll balance in full, the authority shall 33 advise the commissioner of motor vehicles, in such form and manner that 34 such commissioner shall have prescribed, that such person has responded 35 and has paid in full the outstanding balance owed through the amnesty 36 program. 37 b. The authority shall undertake a public awareness campaign for such 38 amnesty program, and shall maintain a public website for any person to 39 receive information on any outstanding tolls such person is liable for. 40 The authority shall provide for sufficient methods to pay the outstand- 41 ing toll balances, including but not limited to, by phone, by mail, or 42 through the internet. The authority shall, no later than thirty days 43 preceding the commencement of the amnesty program, send by first class 44 mail notice to all persons with outstanding toll balances of their 45 eligibility for the amnesty program. 46 § 5. This act shall take effect on the one hundred twentieth day after 47 it shall have become a law. Effective immediately, any authority or 48 agency shall take any actions necessary to adopt, amend or repeal regu- 49 lations in order to implement the provisions of this act by such effec- 50 tive date.