Bill Text: NJ S4031 | 2018-2019 | Regular Session | Introduced
Bill Title: "New Jersey Toll Payer Protection Act"; establishes requirements concerning certain toll payment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-06-24 - Introduced in the Senate, Referred to Senate Transportation Committee [S4031 Detail]
Download: New_Jersey-2018-S4031-Introduced.html
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
"New Jersey Toll Payer Protection Act"; establishes requirements concerning certain toll payment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the payment of tolls and protections for toll payers and supplementing Title 27 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "New Jersey Toll Payer Protection Act."
2. A person, firm, corporation, or other entity who has a New Jersey E-ZPass account and who is not exempt from and is charged with the payment of a toll fee in the State of New Jersey shall be notified by mail of that toll fee, deliverable to the address to which the account is registered, within 14 days of the date on which the fee is incurred. Each person, firm, corporation, or other entity shall have the option, in lieu of notification by mail, to be notified by text message or electronic mail that the fee has been charged, the entity to which the fee shall be paid, and the date that the fee shall be paid. The text message or electronic mail notification shall be provided no later than 72 hours following the time that the fee is incurred.
3. A person, firm, corporation, or other entity who has a New Jersey E-ZPass account and who is not exempt from and is charged with the payment of a toll fee in the State of New Jersey shall be entitled to dispute the fee and any related penalties incurred. The process for any dispute shall be prominently posted on the website of the New Jersey Turnpike Authority, the South Jersey Transportation Authority, and any other entity authorized to charge tolls in this State. These websites shall include an option to initiate a toll dispute online within 120 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. A person, firm, corporation, or other entity who has a New Jersey E-ZPass account and who is not exempt from and is charged with the payment of a toll fee in the State of New Jersey shall be entitled to establish a payment plan for the payment of outstanding fees and any related penalties. The Executive Director of the New Jersey Turnpike Authority and the Executive Director of the South Jersey Transportation Authority shall, in consultation with one another, promulgate rules and regulations for the establishment of a payment plan program. The rules and regulations for each tolling authority shall be substantially similar.
5. A person, firm, corporation, or other entity who has a New Jersey E-ZPass account and who is not exempt from and is charged with the payment of a toll fee in the State of New Jersey shall be entitled to review any records which directly prompted the issuance of the fee or which prompted the issuance of any late fees or charges.
6. The lead agency of the New Jersey E-ZPass Group, in consultation with the New Jersey Turnpike Authority, South Jersey Transportation Authority, and Department of Treasury, shall establish an online portal and mobile application that are accessible by New Jersey E-ZPass accountholders, where the accountholders are able to: view itemized bills; dispute bills, specific toll charges, and any related penalties, fees, and fines; set up payment plans for outstanding balances; replenish the funds of an E-ZPass account; and order new or replacement E-ZPass transponders.
7. The New Jersey Turnpike Authority and the South Jersey Transportation Authority shall not charge an excessive fee for non-payment or late payment of a toll fee to person, firm, corporation, or other entity who has a New Jersey E-ZPass account and who is not exempt from and is charged with the payment of a toll fee in the State of New Jersey. Any fees associated with a toll violation shall not exceed twice the value of the toll fee incurred. If the aggregate amount of any fees for non-payment or late payment of a toll fee charged to one vehicle registration reached $1,000, the authority shall notify the registered owner of that information by certified mail.
8. A fee for late payment of a toll fee shall not be assessed against a person, firm, corporation, or other entity who has a New Jersey E-ZPass account and who is not exempt from and is charged with the payment of a toll fee in the State of New Jersey if the tolling entity does not have proof that the bill for that toll fee was delivered to the registered owner within 31 days of the toll fee being incurred.
9. An individual with a New Jersey E-ZPass Account shall be charged the E-ZPass rate for any toll fee incurred in this State, regardless of the individual's E-ZPass Account containing sufficient funds at the time of incurrence of the toll fee. An overdraft fee shall not be charged to any individual who incurs a toll fee despite having insufficient funds in the individual's E-ZPass Account.
10. A bill issued for any
toll fee incurred by a person, firm, corporation, or other entity who has a New
Jersey E-ZPass account and who is not exempt from and is charged with the
payment of a toll fee in the State of New Jersey shall itemize the date, time,
location, and license plate number for each specific toll fee incurred.
11. The New Jersey Turnpike Authority shall require that registration for a New Jersey E-ZPass Account and receipt of a New Jersey E-ZPass transponder is available at each rest area on the New Jersey Turnpike and the Garden State Parkway or any other toll road that may fall under the jurisdiction of the authority. The South Jersey Transportation Authority shall require that registration for a New Jersey E-ZPass Account and receipt of a New Jersey E-ZPass transponder is available at each rest area on the Atlantic City Expressway or any other toll road that may fall under the jurisdiction of the authority.
12. This act shall take effect on the 120th day following enactment.
STATEMENT
This bill establishes protections for New Jersey E-ZPass accountholders ("accountholders"). The bill requires that accountholders receive notification of any toll fee by mail within 14 days of incurring the toll fee. Accountholders are authorized to opt in to electronic notification in lieu of notification by mail. Electronic notification is required to be provided within 72 hours of incurrence of the toll fee.
The bill entitles accountholders to dispute toll fees and related penalties, to set up payment plans for outstanding balances, and to review records related to toll fees and related penalties. The bill requires the lead agency of the New Jersey E-ZPass Group to establish an online web portal and mobile application for accountholders to utilize these services as well as other services related to their E-ZPass account.
The bill prohibits fees associated with a toll violation from exceeding twice the value of the relevant toll fee and prohibits late fees from being assessed if the tolling entity does not have proof that it provided notice to the accountholder within 31 days of the toll fee being incurred. The bill also requires that accountholders always receive the E-ZPass toll rate, even if the accountholder's account has insufficient funds. The bill also prohibits the imposition of overdraft fees.
Under the bill, bills for toll fees are required to be itemized by date, time, location, and license plate number. The bill requires the New Jersey Turnpike Authority and the South Jersey Transportation Authority to allow for registration for a New Jersey E-ZPass account and receipt of transponders at every rest area on the toll roads operated by those authorities.
