Relates to liability of vehicle owners for toll collection violations

Summary of provisions

Section 1. Designates section 2985 of title 11 of article 9 of the public authorities law as title 11-A with the heading "TOLL COLLECTIONS".

Section 2. Amends subdivision 1 of section 2985 of the public authorities law to provide that monetary liability for failure to comply with toll collection regulations shall be imposed on the owner of a vehicle only.

Section 3. Amends subdivision 5 of section 2985 of the public authorities law to provide that a vehicle owner shall be liable for the full amount of the assessed tolls and other charges and fees, in addition to monetary penalties. This section also increases the monetary penalties as follows: from $50 to $100 for a first violation; from $100 to $200 for a second violation within an 18 month period; and from $150 to $300 for a third and subsequent violation within an 18 month period.

Section 4. Amends paragraphs (a) and (b) of subdivision 7 of section 2985 of the public authorities law to provide that a notice of liability shall be sent to the owner of a vehicle alleged to have violated toll collection regulations no later than sixty days after the alleged violation. This section also requires such notice to additionally include the state of the vehicle's registration, the locations, dates and times of the alleged violation, and the amount of the assessed toll and other charges and fees.

Section 5. Amends subdivision 8 of section 2985 of the public authorities law to require that one half the amount of the assessed tolls, the full amount of other charges and fees and one-half of the monetary penalty be paid to the public authority whose toll collection regulations were violated, with the remaining half amount of the assessed tolls deposited into the highway and bridge capital account of the dedicated highway and bridge trust fund.

Section 6. Makes a technical amendment to subdivision 10 of section 2985.6 of the Public authorities law.

Section 7. Adds two new subdivisions 15 and 16 to section 2985 of the public authorities law to authorize and empower a public authority that operates a toll highway, bridge or tunnel facility to impose an administrative fee or fees on an owner, an operator or an account holder that has violated toll collection regulation, and to allow for any required notices to be sent, with consent, by electronic means of communication, respectively.

Section 8. Amends paragraph b of subdivision 2 of section 240 of the vehicle and traffic law to impose a preponderance of evidence standard upon proceedings relating to violations of toll collection regulations.

Section 9. Adds a new subdivision 11 to section 1209-a of the public authorities law to allow any for required notice to be sent, with consent, by electronic means of communication.

Section 10. Amends section 2 of chapter 774 of the laws of 1950, relating to the Port Authority of New York and New Jersey, to provide that the obligation to pay tolls and other charges is incurred at the time of entry into or use of the particular vehicular crossing.

Section 11. Makes technical amendments to section 16-a of chapter 774 of the laws of 1950, relating to the Port Authority of New York and New Jersey.

Section 12. Amends subdivision d of section 16-b of chapter 774 of the laws of 1950, relating to the Port Authority of New York and New Jersey, to provide that: a notice of liability for a violation of toll collection regulations shall be sent no later than sixty after the alleged violation; such notices may be sent, with consent, by electronic means of communication; and that such notice shall additionally include the state of the vehicle's registration, the locations, dates and times of the alleged violation, and the amount of the assessed toll and other charges and fees.

Section 13. Amends section 16-c of chapter 774 of the laws of 1950, relating to the Port Authority of New York and New Jersey, to provide that a vehicle owner shall be liable for the full amount of the assessed tolls and other charges and fees, in addition to monetary penalties. This section also increases the monetary penalties as follows: from $50 to $100 for a first violation; from $100 to $200 for a second violation within an 18 month period; and from $150 to $300 for a third and subsequent violation within an 18 month period.

Section 14. Effective date.

Justification

This bill would strengthen the ability of New York's four authorities that operate toll facilities-the Thruway Authority, the Metropolitan Transportation Authority, the Bridge Authority, and the Port Authority-to effectively manage and enforce the collection of tolls throughout the State. Toll violators cost the tolling authorities tens of millions of dollars each year, and the current law is outdated and ineffective in enforcing against persistent violators. Some persistent violators owe in excess of $100,000 in tolls and fees.

Current law provides for a progressive series of fines for those accumulating toll collection offenses. However, none of the fine money, not even the amount of the toll evaded, goes back to the affected public authority. Providing one half of the monetary penalties to the affected public authority will help to make the public authority whole and offset the costs incurred in addressing these types of violations. By increasing the existing fines, there will be no impact on the entities that currently receive the fine money. In addition, there is currently no mechanism in law for a public authority to recover the actual toil lost due to toll evasion. This bill would allow public authorities to recover these funds by making restitution in these cases mandatory.

Legislative history

2014: S7593 - Transportation Committee

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.