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S3089Senate2019-2020 Session

Hold Owners Accountable for Tolls

Official title

“Relates to the liability of vehicle owners for 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 expands the authority to suspend or deny vehicle registrations for unpaid toll violations and enables reciprocal enforcement agreements with other states.

Why it matters

  1. Broader enforcement across agencies and jurisdictions. The bill empowers not just courts and administrative tribunals, but also public authorities and other public entities to trigger registration suspensions for toll violations. This means a wider range of government bodies can initiate enforcement, increasing the likelihood that unpaid tolls will be pursued.

  2. Applies to violations from multiple states. The amendments allow New York to act on toll violations issued by “any and all jurisdictions,” not just within the state. This means that if drivers accumulate unpaid tolls in other states, New York can suspend or deny their vehicle registration, making it much harder to evade penalties by crossing state lines.

  3. Reciprocal interstate agreements. The new section 519 authorizes New York to enter into formal agreements with other states (and even Canadian provinces) to mutually enforce vehicle registration suspensions for toll violations. This could result in a more seamless system of enforcement nationwide, reducing “safe havens” for toll violators.

  4. Expanded administrative reach and deterrence. By including references to additional laws and allowing the denial of registration renewals for multiple types of unpaid violations, the bill increases pressure on vehicle owners to address outstanding tolls. This could improve toll revenue collection and promote fairness among all drivers, while also raising the stakes for those who ignore toll notices.

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Who cares

Headline styles

Hold Owners Accountable for Tolls

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

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Mental Health And Developmental Disabilities

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

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

STATE OF NEW YORK

3089

2019-2020 Regular Sessions

IN SENATE

February 1, 2019

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 vehicle and traffic law, in relation to liability of vehicle owners for toll collection violations

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

Section 1. Subdivision 4-d of section 510 of the vehicle and traffic law, as added by chapter 379 of the laws of 1992, is amended to read as follows:

4-d. Suspension of registration for failure to answer or pay penalties with respect to certain violations. Upon the receipt of a notification, in the manner and form prescribed by the commissioner, from a court [or], an administrative tribunal, a public authority, or any other public entity imposing violations, that an owner of a motor vehicle failed to appear on the return date or dates or a new subsequent adjourned date or dates or failed to pay any penalty imposed by a court or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision or decisions, in response to five or more notices of liability or other process, issued within an eighteen month period from any and all jurisdictions charging such owner with a violation of toll collection regulations in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or other comparable law, the commissioner or his or her agent shall suspend the registration of the vehicle or vehicles involved in the violation or the privilege of operation of any motor vehicle owned by the registrant. Such suspension shall take effect no less than thirty days from the date on which notice thereof is sent by the commissioner to the person whose registration or privilege is suspended and shall remain in effect until such registrant has appeared in response to such

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

[ ] is old law to be omitted.

LBD06418-01-9

S. 3089 2

notices of liability or has paid such penalty or in the case of an administrative tribunal, the registrant has complied with the rules and regulations following the entry of a final decision or decisions.

§ 2. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8 of chapter 222 of the laws of 2015, is amended to read as follows:

(i) If at the time of application for a registration or renewal thereof there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-a, section eleven hundred eleven-b or section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter, or (v) the registrant was liable in accordance with section eleven hundred eighty-c of this chapter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter; or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, or (vii) the registrant was liable in accordance with section twenty-nine hundred eighty-five of the public authorities law or section sixteen-a, sixteen-b or sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision.

S. 3089 3

§ 2-a. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8-a of chapter 222 of the laws of 2015, is amended to read as follows:

a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section; or (iv) the registrant was liable in accordance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter or (v) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (v) the registrant was liable in accordance with section eleven hundred eighty-c of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter[,]; or (vii) the registrant was liable in accordance with section twenty-nine hundred eighty-five of the public authorities law or section sixteen-a, sixteen-b or sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision.

§ 2-b. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8-b of chapter 222 of the laws of 2015, is amended to read as follows:

S. 3089 4

a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section; or (iii) the registrant was liable in accordance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, or the registrant was liable in accordance with section eleven hundred eighty-c of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (v) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter[,]; or (vi) the registrant was liable in accordance with section twenty-nine hundred eighty-five of the public authorities law or section sixteen-a, sixteen-b or sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision.

§ 2-c. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8-c of chapter 222 of the laws of 2015, is amended to read as follows:

a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to

S. 3089 5

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

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to liability of vehicle owners for toll collection violations

Purpose

To permit public authorities to directly petition the Commissioner of Motor Vehicles to suspend or deny the vehicle registration of persistent toll evaders, and to enable the Commissioner of Motor Vehicles to enter into reciprocal agreements with other states to suspend or deny the vehicle registration of persistent toll evaders.

Summary of provisions

Section 1. Amends subdivision 4-d of section 510 of the vehicle and traffic law to permit public authorities to directly petition the Commissioner of motor vehicles to suspend the vehicle registration when the owner fails to respond to five or more notices of liability for offenses of toll evasion.

Sections 2, 2-a, 2-b, 2-c and 2-d. Amends subparagraph (i) of paragraph a of subdivision 5a of section 401 of the vehicle and traffic law to require that the Commissioner of Motor Vehicles deny the application for or renewal of a vehicle registration when the owner has five or more outstanding toll violations.

Section 3. Adds a new section 518 to the vehicle and traffic law to allow the Commissioner of Motor Vehicles to enter into reciprocal agree- ments with other states for the suspension or denial of a vehicle regis- tration for persistent toll evaders.

Section 4. Effective date.

Existing law

Under current law, only a court or administrative tribunal may order the suspension of a vehicle registration.

Justification

Current law provides that upon notification from a court or administra- tive tribunal that a vehicle owner has accumulated 5 or more toll collection violations within an eighteen month period, the DMV shall suspend that person's vehicle registration. Because only courts and administrative tribunals are authorized to transmit this information to DMV, and these entities only track violations within their own geograph- ic jurisdictions, the only time a multiple violator is reported to DMV is when a violator has accumulated five or more violations within one jurisdiction. This process leaves a gap in tracking violators who often travel between multiple jurisdictions and does not effectively serve as a deterrent to those who would abuse the system at the expense of others. This bill would enhance toll enforcement by subjecting individ- uals with five toll collection violations within an eighteen month peri- od to a mandatory vehicle registration suspension and by allowing the

Commissioner of Motor Vehicles to enter into reciprocal agreements with other states to crack down on persistent toll evaders.

Legislative history

2017-18: S1726/A1675 - PASSED SENATE/transportation 2015-16: S2704/A4299 - Passed Senate/transportation

Fiscal implications

None.

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.