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S1372Senate2017-2018 Session

Toughen Toll Violation Enforcement

Official title

“Relates to the adjudication of toll collection violations”

Sponsor David CarlucciSD-38Affects Transportation
Status
In Senate Committee
Transportation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill authorizes administrative fees for toll violations, allows electronic notice, and establishes tribunals to adjudicate toll violations.

Why it matters

  1. Imposes new administrative fees for toll violations. , increasing potential financial consequences for drivers who evade tolls or violate toll regulations, which could deter violations but also raise concerns about fee amounts and fairness.

  2. Allows for electronic notification of violations. (with consent), which may speed up communication and reduce administrative costs but also raises questions about ensuring drivers actually receive and understand these notices.

  3. Creates administrative tribunals to handle toll dispute cases. , aiming for a more specialized and possibly efficient resolution process—however, this could impact due process rights depending on how the tribunals operate and whether hearings by videoconference are accessible and fair to all.

  4. Clarifies how collected penalties and fees are distributed. , specifying that certain revenues from toll violations go to the relevant authorities rather than general crime prevention funds, which may affect funding priorities for transit safety programs.

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Who cares

  • Toll-road, bridge and tunnel authorities

    The bill would authorize them to impose administrative fees on owners, operators or account holders who violate toll collection regulations and send required notices electronically with consent.

  • New York State Thruway Authority and New York State Bridge Authority

    The bill would let them establish administrative tribunals to adjudicate owners’ toll violations and provide for hearings by videoconference.

  • Vehicle owners facing toll violations

    Hearings before the new tribunals would take place in the county of the alleged violation or a county where the authority has its primary or regional administrative offices.

  • Triborough Bridge and Tunnel Authority

    The bill would exclude toll penalties, evaded tolls and other charges collected and paid to it under the toll-enforcement law from the requirement to credit penalties to a transit crime fund.

Headline styles

Toughen Toll Violation Enforcement

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Consumer Protection

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1372

2017-2018 Regular Sessions

IN SENATE

January 9, 2017

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to adjudication of toll collection violations

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 2985 of the public authorities law is amended by adding three new subdivisions 15, 16 and 17 to read as follows:

15. In addition to any monetary liability that may be imposed pursuant to this section, a public authority that operates a toll highway, bridge or tunnel facility is hereby authorized and empowered to impose an administrative fee or fees on an owner, an operator or an account holder that has violated toll collection regulations.

16. Any notice required to be sent pursuant to this section by first class mail may instead be sent, with consent, by electronic means of communication. A manual or automatic record of electronic communications prepared in this ordinary course of business shall be adequate evidence of electronic notice.

17. The New York state thruway authority and the New York state bridge authority are authorized to adopt rules and regulations to establish an administrative tribunal to adjudicate the liability of owners for violation of toll collection regulations as defined in and in accordance with the provisions of this section and the applicable toll regulations of such authorities. Such tribunal shall have, with respect to violation of toll collection regulations of such authorities, non-exclusive jurisdiction over violations of the rules and regulations which may from time to time be established by such authorities in accordance with the provisions of this section. Violations shall be heard and determined in the county in which the violation is alleged to have occurred or in the county in which the public authority has its primary or regional admin-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01947-01-7

S. 1372 2

istrative offices and regulations may provide for the conduct of hearings via videoconferencing.

§ 2. Subdivision 10 of section 1209-a of the public authorities law, as amended by chapter 379 of the laws of 1992, is amended to read as follows:

10. Funds. [All] Except for penalties, evaded tolls and other charges collected and paid to the triborough bridge and tunnel authority in accordance with the provisions of section twenty-nine hundred eightyfive of this chapter, all penalties collected pursuant to the provisions of this section shall be paid to the authority to the credit of a transit crime fund which the authority shall establish. Any sums in this fund shall be used to pay for programs selected by the board of the authority, in its discretion, to reduce the incidence of crimes and infractions on transit facilities, or to improve the enforcement of laws against such crimes and infractions. Such funds shall be in addition to and not in substitution for any funds provided by the state or the city of New York for such purposes.

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

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public authorities law, in relation to adjudication of toll collection violations

Purpose

To authorize the New York State Thruway Authority and the New York State Bridge Authority to establish an administrative tribunal to adjudicate the liability of owners for violation of toll collection regulations.

Summary of provisions

Section 1. Adds three new subdivisions, 15, 16 and 17, to section 2985 of the public authorities law. Subdivision 15 authorizes and empowers a public authority that operates a toll highway, bridge or tunnel facility to impose an administrative fee or fees on an owner, operator or account holder that has violated toll collection regulations. Subdivision 16 allows any required notice to be sent, with consent, by electronic means of communication. Subdivision 17 authorizes the New York State Thruway Authority and the New York State Bridge Authority to adopt rules and regulations establishing an administrative tribunal to adjudicate the liability of vehicle owners for violation of toll collection regulations.

Section 2. Amends subdivision 10 of section 1209-a of the public authorities law to exclude penalties, evaded tolls and other charges collected and paid to the Triborough Bridge and Tunnel Authority from the requirement that such penalties be deposited in a transit crime fund established by such authority.

Section 3. Effective date.

Justification

This bill would strengthen the ability of the Thruway Authority and the Bridge 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 requires that violations of toll collection regulations be adjudicated through local courts, creating a burdensome process for the affected public authorities to go. after offenders which often results in violators not facing consequences for their actions. Allowing the Thruway Authority and the Bridge Authority to establish administrative tribunals to adjudicate toll collection violations would greatly strengthen their ability to manage and enforce the collection of tolls at the facilities they operate.

Legislative history

2015-16: S2196 - Transportation 2014: S.7608 - 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.