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 Section 2985 of the public authorities law is REPEALED.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.
                                                                   LBD14156-08-8

        A. 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 the

        A. 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  provided

        A. 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 public

        A. 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  ninety

        A. 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 resulting

        A. 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.
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