What's happening
The Toll Payer Protection Act establishes regulations and consumer protections for cashless tolling, including limits on penalties, debt collection, and an amnesty program for past toll violations.
Why it matters
Limits on Penalties and Debt Collection. The bill caps late fees and penalties for unpaid tolls ($5 after a first missed payment, $25 after a second), blocks authorities from immediately sending debts to collection agencies, and prohibits registration suspensions for unpaid cashless tolls—protecting drivers from runaway fees and harsh consequences.
Mandated Consumer Transparency and Due Process. Tolling authorities must provide clear, timely notices (first and second toll bills and violation notices), detail how to dispute charges, maintain accessible account info online and by phone, and allow electronic notification if the driver consents—making it easier for drivers to track, pay, and contest tolls.
Data Privacy Protections. Information and images collected for tolling are restricted for toll enforcement only and cannot be used for other purposes or shared for commercial use—helping safeguard the privacy of drivers.
Amnesty and Payment Flexibility. The bill requires an amnesty program for past toll violations (waiving all fees and penalties if the toll is paid during the amnesty period), and mandates installment payment plans for current debts without extra fees, offering relief and fairer options to those facing large toll bills.
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Who cares
Vehicle owners billed through tolls by mail
The bill would cap late-payment penalties, require installment plans without enrollment fees, establish dispute and appeal procedures, and prohibit registration suspensions over covered toll obligations.
Public authorities operating cashless toll facilities
The bill would require billing deadlines, toll notifications on request, privacy protections, annual reporting and regulations governing tolls-by-mail programs.
Triborough Bridge and Tunnel Authority customers with outstanding tolls
The bill would require an amnesty program waiving associated fees, fines and penalties and rescinding registration suspensions when owners pay or contest eligible outstanding toll balances.
Debt collection agencies
The bill would restrict toll-debt transfers by requiring a default judgment, advance notice to the owner, and either a one-year wait after a liability finding or total debt of at least $1,000.
Headline styles
Protect Toll Payers' Rights
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
2 Co-sponsors
History
- Substituted by A7587A
- Ordered to third reading cal.1702
- Committee discharged and committed to rules
- Print number 6113a
- Amend and recommit to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Drivers from Toll Penalties
Vetoed · Sponsor Thomas Abinanti
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6113--A
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sens. CARLUCCI, HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to enacting the "toll payer protection act"; and providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "toll payer protection act".
§ 2. Section 2985 of the public authorities law is designated to title 11-A of article 9 of such law.
§ 3. Article 9 of the public authorities law is amended by adding a new title 11-A to read as follows:
TITLE 11-A
TOLL COLLECTIONS
§ 2985-a. Tolls by mail. 1. Applicability. This section shall apply to the tolls by mail program and shall not apply to the payment of tolls by means of an electronic toll device that transmits information through an electronic toll collection system as defined in subdivision twelve of section twenty-nine hundred eighty-five of this title.
2. Definitions. For purposes of this section, the following terms shall have the following meanings:
(a) "Cashless tolling facility" shall mean a toll highway, bridge or tunnel facility that does not provide for the immediate on-site payment in cash of a toll owed for the use of such facility.
(b) "Cashless tolling monitoring system" shall mean a vehicle sensor which automatically produces a recorded image of a vehicle and license plate at the time it is used or operated at a cashless tolling facility
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11629-03-9
S. 6113--A 2
and whose owner has incurred an obligation to pay a toll through the cashless tolling program.
(c) "Debt collection agency" shall mean a person, firm or corporation engaged in business, the principal purpose of which is to regularly collect or attempt to collect debts owed or due or asserted to be owed or due to another and shall also include a buyer of delinquent debt who seeks to collect such debt either directly or through the services of another by, including but not limited to, initiating or using legal processes or other means to collect or attempt to collect such debt.
(d) "Electronic means of communication" shall include but not be limited to electronic mail and text messaging.
(e) "Electronic toll collection system" shall mean a system of collecting tolls or charges which is capable of charging an account holder the appropriate toll or charge by transmission of information from an operable electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge.
(f) "Lessee" shall mean any person, corporation, firm, partnership, agency, association, or organization that rents, leases or contracts for the use of one or more vehicles and has exclusive use thereof for any period of time.
(g) "Lessor" shall mean any person, corporation, firm, partnership, agency, association, or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or otherwise wherein such lessee has the exclusive use of such vehicle for any period of time.
(h) "Notice of violation" shall mean a notice sent to an owner notifying such owner that a toll incurred at a cashless tolling facility by the owner has not been paid at the place and time and in the manner established for collection of such toll in the toll bill.
(i) "Operable electronic device" shall mean an electronic device that successfully transmits information through an electronic toll collection system.
(j) "Owner" shall mean any person, corporation, partnership, firm, agency, association, lessor or organization who, at the time of incurring an obligation to pay a toll at a cashless tolling facility, and with respect to the vehicle identified in the notice of toll due: (i) is the beneficial or equitable owner of such vehicle; or (ii) has title to such vehicle; or (iii) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or (iv) is subject to the limitations set forth in subdivision ten of section twenty-nine hundred eighty-five of this title, uses such vehicle in its vehicle renting and/or leasing business; or (v) is a person entitled to the use and possession of a vehicle subject to a security interest in another person.
(k) "Penalty" shall mean any late payment fees, charges, or monetary penalties imposed by a public authority, exclusive of any toll or tolls incurred at the cashless tolling facility, for failure to timely pay an obligation to pay a toll.
(l) "Toll bill" shall mean a notice sent to an owner notifying such owner that the owner's vehicle has been used or operated at a cashless tolling facility, crossed a cashless tolling monitoring system without an operable electronic device and has incurred an obligation to pay a toll.
S. 6113--A 3
(m) "Tolls by mail program" shall mean any program operated by or on behalf of a public authority to identify vehicles that cross through a cashless tolling facility without an operable electronic device and to send a toll bill or notice of violation to the owner of the vehicle.
(n) "Violation" shall mean the failure of the owner to timely respond to a toll bill.
3. Authorization for cashless tolling. (a) Notwithstanding any other provision of law, every public authority that operates a toll highway, bridge and/or tunnel facility and is authorized pursuant to section twenty-nine hundred eighty-five of this title to promulgate toll collection regulations and to impose monetary liability for failure to comply with such regulations is hereby authorized and empowered to operate a demonstration program for utilization of cashless tolling facilities, cashless tolling monitoring systems, and a tolls by mail program and to impose monetary liability on the owner of a vehicle for failure to comply with the toll collection regulations of such public authority so long as each public authority complies with the provisions of this section. Such public authority shall promulgate regulations establishing a demonstration program for the utilization of cashless tolling facilities, cashless tolling monitoring systems, and a tolls by mail program that comply with the provisions of this section. Such regulations may impose monetary liability on the owner of a vehicle for failure to comply with such regulations. No public authority shall own, operate or otherwise facilitate a cashless tolling facility, cashless tolling monitoring system, or tolls by mail program without first promulgating regulations pursuant to and in compliance with this section.
(b) Such demonstration program shall utilize necessary technologies to ensure, to the extent practicable, that recorded images produced by such cashless tolling monitoring systems shall not include images that identify the driver, the passengers, or the contents of a vehicle. However, no toll bill or notice of violation issued pursuant to this section shall be invalid solely because a recorded image allows for the identification of the contents of a vehicle, provided that such public authority has made a reasonable effort to comply with the provisions of this paragraph.
(c) Every public authority that operates a cashless tolling facility shall undertake a public awareness campaign regarding the use of and process involved with the payment of tolls at cashless tolling facilities. Each public authority shall provide sufficient methods for owners to obtain an operable electronic device for the electronic toll collection system, including making such devices available at all rest areas owned or operated by each authority.
(d) Every public authority that operates a cashless tolling facility shall maintain a website and toll-free phone number for any person to obtain current information on any outstanding tolls and shall implement a system to notify those owners who so request by electronic means of communication about tolls as they are incurred. Such website and phone number shall be printed on any toll bill or notice of violation.
4. Owner liability. (a) Within the jurisdiction of every public authority which has promulgated regulations pursuant to subdivision three of this section: (i) the owner shall incur an obligation to pay a toll when the owner's vehicle crosses through a cashless tolling facility pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, and such obligation is evidenced by information obtained from the cashless tolling monitoring system; or (ii) the owner of a vehicle shall incur an obligation to pay
S. 6113--A 4
a toll when such vehicle crosses a cashless tolling facility without an operable electronic device and is identified by a cashless tolling monitoring system.
(b) The owner of a vehicle shall be liable for a civil penalty imposed pursuant to this section if such owner incurred an obligation to pay a toll and fails to timely pay or respond to such toll in the manner set forth in the toll bill in accordance with this section and shall be liable for penalties in accordance with the penalties set forth herein. Provided, however, no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of a violation of toll collection regulations for the same incident.
5. Toll bills and notices of violation. (a) Toll bill. The public authority shall within thirty days of an owner incurring an obligation to pay a toll send a toll bill by first-class mail to such owner. (i) Within thirty days of the mailing of the toll bill the owner shall (A) pay the toll, without liability for any penalty, or (B) contest such toll bill. (ii) The toll bill shall include: (A) the date, time, location, license plate number and vehicle registration for each toll; (B) the total amount of the toll due; (C) the date by which the toll must be paid; (D) the address for receipt of payment and methods of payment for such toll bill; (E) the procedure for contesting any toll; (F) information related to the failure to timely pay or respond to a toll bill; and (G) any other information required by law or by the authority. If an authority fails to send a toll bill as set forth in this section, the owner shall not be liable for payment of the tolls, or any penalty.
(b) Second toll bill. If an owner fails to respond to a toll bill within thirty days of the mailing of such toll bill, the public authority shall send a second toll bill by first-class mail within thirty days of the date the owner was required to respond to such toll bill. Such second toll bill may include a penalty for late payment, which shall not exceed five dollars and shall include all of the information required for a toll bill pursuant to paragraph (a) of this subdivision. Within thirty days of the mailing of the second toll bill the owner shall (i) pay the assessed toll and any penalty provided in such notice, or (ii) contest toll bill.
(c) Notice of violation. If an owner fails to respond to a second toll bill within thirty days of the mailing of such second toll bill, the public authority shall send by first-class mail a notice of violation within thirty days of the date the owner was required to respond to such second toll bill. (i) The notice of violation shall include: (A) the date, time, location, license plate number and vehicle registration for each toll; (B) the assessed toll and the total amount of all outstanding tolls and penalties as authorized by this section; (C) the date by which payment of such amounts are due; (D) the address for receipt of payment and methods of payment for the amounts due; (E) the procedure for contesting any such amounts; (F) information related to the failure to timely pay or respond to a notice of violation; and (G) any other information required by law or by the authority. The notice of violation may include a penalty which shall be no greater than twenty-five dollars. If the authority fails to send a timely notice of violation as set forth in this section, the owner shall not be liable for payment of the alleged tolls or any penalty. (ii) The owner shall have thirty days from the date such notice of violation was sent to (A) pay the assessed toll and penalties, or (B) contest the notice. If an owner fails to respond to
S. 6113--A 5
the notice of violation, the owner shall be liable for the assessed toll and any penalty as provided in such notice.
(d) Electronic notice. Any toll bill required by this section to be sent by first-class mail may instead be sent by electronic means of communication upon the affirmative consent of the owner in a form prescribed by the authority. Any notice of violation required by this section to be sent by first-class mail may in addition to first-class mail be sent by electronic means of communication upon the affirmative consent of the owner in a form prescribed by the authority. A manual or automatic record of electronic communications prepared in the ordinary course of business shall be sufficient record of electronic notice. Any affirmative consent to receive a toll bill or notice of violation by electronic means shall be revocable by the owner at any time with notice to the public authority or its agent and shall automatically be deemed revoked if the authority or its agent is unable to deliver two consecutive notices by electronic means of communication.
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 enacting the "toll payer protection act"; and providing for the repeal of certain provisions upon expiration thereof
Purpose or general idea of bill
This bill would establish in law a tolls by mail program to improve the process for notifying drivers about tolls and fines incurred; to ensure that fines are fair; and that motor vehicle registrations are not suspended because of an outstanding bill for a cashless toll fee.
Summary of specific provisions
Section 1 of the bill establishes that this act shall be cited as "the toll payer protection act."
Read the full memo (809 words)
Section 2 repeals section 2985 of public authorities law.
Section 3 amends the article 9 of public authorities law by adding a new title 11-A, toll collections, to provide:
-section 2985 is reinserted under this title unchanged from its prior location in law.
-a new section 2985-a, tolls by mail, to provide the following subdivi- sions:
1. Applicability, to provide that such section shall apply to the tolls by mail program and shall not apply to the payment of tolls by means of an electronic toll device.
2. Definitions.
3. Authorization for cashless tolling, to provide that public authori- ties that operate a. toll highway, bridge and/or tunnel facility are authorized to promulgate regulations to administer a tolls by mail demonstration program, including the establishment and maintenance of a website and toll-free phone number for any person to obtain current information on any outstanding tolls.
4. Owner liability.
5. Toll bills and notices of violation, including timeframes, notice requirements, and electronic notice options.
6. Procedure to contest, including the establishment of a procedure to contest alleged liability including a.hearing and a right to appeal. This information shall be included in every toll bill and notice of violation.
7. Adjudication of liability.
8. Evidence of obligation to pay a toll or violation.
9. Defenses.
10. Finding of violation, including the prohibition of the suspension, revocation or denied renewal of a motor vehicle registration resulting from an obligation to pay a toll at a cashless tolling facility.
11. Indemnification.
12. Data protection.
13. Display of toll charges.
14. Debt collection, including a prohibition of tolling authorities' ability to sell or transfer an owner's debt to a debt collection agency unless one year has passed from when the owner was found liable or the owner has a total debt owed to the authority of one thousand dollars or more.
15. Installment payment plan.
16. Annual report.
Section 4 requires the Triborough bridge and tunnel authority to imple- ment an amnesty program for any person who owes tolls, fines, fees or penalties for a toll incurred at any cashless tolling facility operated by the authority for a period of at least five weeks for toll obli- gations incurred on or after November 1, 2016.
Section 5 provides that such act shall take effect on the one hundred twentieth day after it shall have become a law and shall expire 5 years after such effective date.
Justification
Over the last few years, New York State has been implementing a system of cashless tolling (E-ZPass) on its bridges, tunnels and road ways. While such a system has many benefits, including decreasing traffic congestion and increasing efficiency, many serious problems have arisen.
The cashless toll system has caused confusion among many drivers. Notice of toll fees mailed (Tolls by Mail) to drivers without E-ZPass often take several weeks to arrive, and in many instances, are not received at all. All too often owners who do not receive the Tolls by Mail notice of fees end up incurring significant late fees and fines.
In addition, the instances of inconsistent or unexplained fees have also occurred. Even more concerning, some owners have had .their car regis- trations suspended, been stopped on the road, had their cars seized and have been left stranded due to alleged unpaid Tolls by Mail fees.
This Toll Payer Protection Act would help alleviate these problems and lessen unnecessary and excessive late fees by establishing a clear and fair process of notification of Tolls by Mail.
Additionally, this bill would establish appropriate penalties for nonpayment of toll fees and protect owners by preventing the suspension of car registrations due to alleged unpaid fees.
Prior legislative history
2018: A.9805-A (Abinanti) - Vetoed 341
Fiscal implications for state and local governments
Undetermined.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed. Effective ò immediately, any authority or agency shall take any actions necessary to adopt, amend or repeal regulations in order to implement the provisions of this act by such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.