What's happening
This bill expands theft of services laws to include evading payment of tolls or charges for roads, bridges, and tunnels.
Why it matters
Expands criminal liability. By explicitly adding highways, parkways, roads, bridges, and tunnels to the theft of services statute, this bill makes it a criminal offense (not just a civil infraction) to evade tolls or charges on major transportation infrastructure, potentially leading to harsher penalties for violators.
Targets toll evasion methods. The bill covers a wide range of toll evasion tactics, including not only intentional avoidance or refusal to pay but also using force, deception, stealth, intimidation, or mechanical tampering (such as altering license plates or using fraudulent devices).
Aims to deter revenue loss. By treating toll evasion as theft of services, the law could help state and local governments recoup lost revenue from unpaid tolls, supporting the maintenance and improvement of vital transportation infrastructure that relies on these funds.
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Who cares
Drivers using tolled roads, bridges and tunnels
The bill would expand theft of services to cover intentionally avoiding or attempting to avoid lawful tolls through deception, mechanical tampering or other specified means.
Toll authorities and operators
The bill would bring intentional evasion of charges for using highways, parkways, roads, bridges and tunnels within the theft-of-services provision.
Prosecutors and criminal defense attorneys
The bill would expand the conduct covered by the theft-of-services law to include obtaining or attempting to obtain use of tolled infrastructure without payment.
Headline styles
Ban Toll Dodging
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3518
2019-2020 Regular Sessions
IN SENATE
February 8, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to theft of services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 165.15 of the penal law is amended to read as follows:
3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service or to use any highway, parkway, road, bridge or tunnel without payment of the lawful charge or toll therefor, or to avoid payment of the lawful charge or toll for such transportation service which has been rendered to him or her or for such use of any highway, parkway, road, bridge or tunnel, he or she obtains or attempts to obtain such service or use or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay; or
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06252-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to theft of services
Purpose
To address the problem of toll evasion by clarifying that avoidance of tolls on a toll road, bridge or tunnel constitutes theft of services.
Summary of provisions
Section 1. Amends subdivision 3 of section 165.15 of the penal law to make clear that theft of public transportation services shall include avoidance of tolls on a toll road, bridge or tunnel.
Section 2. Effective date.
Justification
Several public authorities in New York have implemented the electronic toll collection system commonly referred to as E-ZPass. The E-ZPass system has increased customer convenience while reducing travel time, fuel consumption and potential back-ups at toll plazas for the Thruway Authority and other public authorities.
While the benefits of E-ZPass are numerous, it does provide opportu- nities for abuse. Those who are not E-ZPass subscribers can evade tolls by driving through lanes designated for that purpose. This legislation takes a comprehensive approach to addressing the problem of toll evasion by clarifying the existing theft of services offense to make clear that it also includes avoidance of paying tolls on any road, bridge or tunnel that requires them.
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.
Legislative history
2017-18: S711/A1590 - PASSED SENATE/codes 2015-16: S2018/A3587 - Passed Senate/codes 2014: S7602 - Passed Senate
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.