Bill Text: NY A07587 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to enacting the "toll payer protection act" which includes a toll by mail system for the payment of tolls by electronic toll devices; provides for the repeal of such system five years after the enactment of such system.
Spectrum: Moderate Partisan Bill (Democrat 14-4)
Status: (Vetoed) 2019-12-13 - tabled [A07587 Detail]
Download: New_York-2019-A07587-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7587--A 2019-2020 Regular Sessions IN ASSEMBLY May 10, 2019 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "toll payer 2 protection act". 3 § 2. Section 2985 of the public authorities law is designated to title 4 11-A of article 9 of such law. 5 § 3. Article 9 of the public authorities law is amended by adding a 6 new title 11-A to read as follows: 7 TITLE 11-A 8 TOLL COLLECTIONS 9 § 2985-a. Tolls by mail. 1. Applicability. This section shall apply to 10 the tolls by mail program and shall not apply to the payment of tolls by 11 means of an electronic toll device that transmits information through an 12 electronic toll collection system as defined in subdivision twelve of 13 section twenty-nine hundred eighty-five of this title. 14 2. Definitions. For purposes of this section, the following terms 15 shall have the following meanings: 16 (a) "Cashless tolling facility" shall mean a toll highway, bridge or 17 tunnel facility that does not provide for the immediate on-site payment 18 in cash of a toll owed for the use of such facility. 19 (b) "Cashless tolling monitoring system" shall mean a vehicle sensor 20 which automatically produces a recorded image of a vehicle and license 21 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. LBD11629-02-9A. 7587--A 2 1 and whose owner has incurred an obligation to pay a toll through the 2 cashless tolling program. 3 (c) "Debt collection agency" shall mean a person, firm or corporation 4 engaged in business, the principal purpose of which is to regularly 5 collect or attempt to collect debts owed or due or asserted to be owed 6 or due to another and shall also include a buyer of delinquent debt who 7 seeks to collect such debt either directly or through the services of 8 another by, including but not limited to, initiating or using legal 9 processes or other means to collect or attempt to collect such debt. 10 (d) "Electronic means of communication" shall include but not be 11 limited to electronic mail and text messaging. 12 (e) "Electronic toll collection system" shall mean a system of 13 collecting tolls or charges which is capable of charging an account 14 holder the appropriate toll or charge by transmission of information 15 from an operable electronic device on a motor vehicle to the toll lane, 16 which information is used to charge the account the appropriate toll or 17 charge. 18 (f) "Lessee" shall mean any person, corporation, firm, partnership, 19 agency, association, or organization that rents, leases or contracts for 20 the use of one or more vehicles and has exclusive use thereof for any 21 period of time. 22 (g) "Lessor" shall mean any person, corporation, firm, partnership, 23 agency, association, or organization engaged in the business of renting 24 or leasing vehicles to any lessee under a rental agreement, lease or 25 otherwise wherein such lessee has the exclusive use of such vehicle for 26 any period of time. 27 (h) "Notice of violation" shall mean a notice sent to an owner notify- 28 ing such owner that a toll incurred at a cashless tolling facility by 29 the owner has not been paid at the place and time and in the manner 30 established for collection of such toll in the toll bill. 31 (i) "Operable electronic device" shall mean an electronic device that 32 successfully transmits information through an electronic toll collection 33 system. 34 (j) "Owner" shall mean any person, corporation, partnership, firm, 35 agency, association, lessor or organization who, at the time of incur- 36 ring an obligation to pay a toll at a cashless tolling facility, and 37 with respect to the vehicle identified in the notice of toll due: (i) is 38 the beneficial or equitable owner of such vehicle; or (ii) has title to 39 such vehicle; or (iii) is the registrant or co-registrant of such vehi- 40 cle which is registered with the department of motor vehicles of this 41 state or any other state, territory, district, province, nation or other 42 jurisdiction; or (iv) is subject to the limitations set forth in subdi- 43 vision ten of section twenty-nine hundred eighty-five of this title, 44 uses such vehicle in its vehicle renting and/or leasing business; or (v) 45 is a person entitled to the use and possession of a vehicle subject to a 46 security interest in another person. 47 (k) "Penalty" shall mean any late payment fees, charges, or monetary 48 penalties imposed by a public authority, exclusive of any toll or tolls 49 incurred at the cashless tolling facility, for failure to timely pay an 50 obligation to pay a toll. 51 (l) "Toll bill" shall mean a notice sent to an owner notifying such 52 owner that the owner's vehicle has been used or operated at a cashless 53 tolling facility, crossed a cashless tolling monitoring system without 54 an operable electronic device and has incurred an obligation to pay a 55 toll.A. 7587--A 3 1 (m) "Tolls by mail program" shall mean any program operated by or on 2 behalf of a public authority to identify vehicles that cross through a 3 cashless tolling facility without an operable electronic device and to 4 send a toll bill or notice of violation to the owner of the vehicle. 5 (n) "Violation" shall mean the failure of the owner to timely respond 6 to a toll bill. 7 3. Authorization for cashless tolling. (a) Notwithstanding any other 8 provision of law, every public authority that operates a toll highway, 9 bridge and/or tunnel facility and is authorized pursuant to section 10 twenty-nine hundred eighty-five of this title to promulgate toll 11 collection regulations and to impose monetary liability for failure to 12 comply with such regulations is hereby authorized and empowered to oper- 13 ate a demonstration program for utilization of cashless tolling facili- 14 ties, cashless tolling monitoring systems, and a tolls by mail program 15 and to impose monetary liability on the owner of a vehicle for failure 16 to comply with the toll collection regulations of such public authority 17 so long as each public authority complies with the provisions of this 18 section. Such public authority shall promulgate regulations establishing 19 a demonstration program for the utilization of cashless tolling facili- 20 ties, cashless tolling monitoring systems, and a tolls by mail program 21 that comply with the provisions of this section. Such regulations may 22 impose monetary liability on the owner of a vehicle for failure to 23 comply with such regulations. No public authority shall own, operate or 24 otherwise facilitate a cashless tolling facility, cashless tolling moni- 25 toring system, or tolls by mail program without first promulgating regu- 26 lations pursuant to and in compliance with this section. 27 (b) Such demonstration program shall utilize necessary technologies to 28 ensure, to the extent practicable, that recorded images produced by such 29 cashless tolling monitoring systems shall not include images that iden- 30 tify the driver, the passengers, or the contents of a vehicle. However, 31 no toll bill or notice of violation issued pursuant to this section 32 shall be invalid solely because a recorded image allows for the iden- 33 tification of the contents of a vehicle, provided that such public 34 authority has made a reasonable effort to comply with the provisions of 35 this paragraph. 36 (c) Every public authority that operates a cashless tolling facility 37 shall undertake a public awareness campaign regarding the use of and 38 process involved with the payment of tolls at cashless tolling facili- 39 ties. Each public authority shall provide sufficient methods for owners 40 to obtain an operable electronic device for the electronic toll 41 collection system, including making such devices available at all rest 42 areas owned or operated by each authority. 43 (d) Every public authority that operates a cashless tolling facility 44 shall maintain a website and toll-free phone number for any person to 45 obtain current information on any outstanding tolls and shall implement 46 a system to notify those owners who so request by electronic means of 47 communication about tolls as they are incurred. Such website and phone 48 number shall be printed on any toll bill or notice of violation. 49 4. Owner liability. (a) Within the jurisdiction of every public 50 authority which has promulgated regulations pursuant to subdivision 51 three of this section: (i) the owner shall incur an obligation to pay a 52 toll when the owner's vehicle crosses through a cashless tolling facili- 53 ty pursuant to this section if such vehicle was used or operated with 54 the permission of the owner, express or implied, and such obligation is 55 evidenced by information obtained from the cashless tolling monitoring 56 system; or (ii) the owner of a vehicle shall incur an obligation to payA. 7587--A 4 1 a toll when such vehicle crosses a cashless tolling facility without an 2 operable electronic device and is identified by a cashless tolling moni- 3 toring system. 4 (b) The owner of a vehicle shall be liable for a civil penalty imposed 5 pursuant to this section if such owner incurred an obligation to pay a 6 toll and fails to timely pay or respond to such toll in the manner set 7 forth in the toll bill in accordance with this section and shall be 8 liable for penalties in accordance with the penalties set forth herein. 9 Provided, however, no owner of a vehicle shall be liable for a penalty 10 imposed pursuant to this section where the operator of such vehicle has 11 been convicted of a violation of toll collection regulations for the 12 same incident. 13 5. Toll bills and notices of violation. (a) Toll bill. The public 14 authority shall within thirty days of an owner incurring an obligation 15 to pay a toll send a toll bill by first-class mail to such owner. (i) 16 Within thirty days of the mailing of the toll bill the owner shall (A) 17 pay the toll, without liability for any penalty, or (B) contest such 18 toll bill. (ii) The toll bill shall include: (A) the date, time, 19 location, license plate number and vehicle registration for each toll; 20 (B) the total amount of the toll due; (C) the date by which the toll 21 must be paid; (D) the address for receipt of payment and methods of 22 payment for such toll bill; (E) the procedure for contesting any toll; 23 (F) information related to the failure to timely pay or respond to a 24 toll bill; and (G) any other information required by law or by the 25 authority. If an authority fails to send a toll bill as set forth in 26 this section, the owner shall not be liable for payment of the tolls, or 27 any penalty. 28 (b) Second toll bill. If an owner fails to respond to a toll bill 29 within thirty days of the mailing of such toll bill, the public authori- 30 ty shall send a second toll bill by first-class mail within thirty days 31 of the date the owner was required to respond to such toll bill. Such 32 second toll bill may include a penalty for late payment, which shall not 33 exceed five dollars and shall include all of the information required 34 for a toll bill pursuant to paragraph (a) of this subdivision. Within 35 thirty days of the mailing of the second toll bill the owner shall (i) 36 pay the assessed toll and any penalty provided in such notice, or (ii) 37 contest toll bill. 38 (c) Notice of violation. If an owner fails to respond to a second toll 39 bill within thirty days of the mailing of such second toll bill, the 40 public authority shall send by first-class mail a notice of violation 41 within thirty days of the date the owner was required to respond to such 42 second toll bill. (i) The notice of violation shall include: (A) the 43 date, time, location, license plate number and vehicle registration for 44 each toll; (B) the assessed toll and the total amount of all outstanding 45 tolls and penalties as authorized by this section; (C) the date by which 46 payment of such amounts are due; (D) the address for receipt of payment 47 and methods of payment for the amounts due; (E) the procedure for 48 contesting any such amounts; (F) information related to the failure to 49 timely pay or respond to a notice of violation; and (G) any other infor- 50 mation required by law or by the authority. The notice of violation may 51 include a penalty which shall be no greater than twenty-five dollars. If 52 the authority fails to send a timely notice of violation as set forth in 53 this section, the owner shall not be liable for payment of the alleged 54 tolls or any penalty. (ii) The owner shall have thirty days from the 55 date such notice of violation was sent to (A) pay the assessed toll and 56 penalties, or (B) contest the notice. If an owner fails to respond toA. 7587--A 5 1 the notice of violation, the owner shall be liable for the assessed toll 2 and any penalty as provided in such notice. 3 (d) Electronic notice. Any toll bill required by this section to be 4 sent by first-class mail may instead be sent by electronic means of 5 communication upon the affirmative consent of the owner in a form 6 prescribed by the authority. Any notice of violation required by this 7 section to be sent by first-class mail may in addition to first-class 8 mail be sent by electronic means of communication upon the affirmative 9 consent of the owner in a form prescribed by the authority. A manual or 10 automatic record of electronic communications prepared in the ordinary 11 course of business shall be sufficient record of electronic notice. Any 12 affirmative consent to receive a toll bill or notice of violation by 13 electronic means shall be revocable by the owner at any time with notice 14 to the public authority or its agent and shall automatically be deemed 15 revoked if the authority or its agent is unable to deliver two consec- 16 utive notices by electronic means of communication. 17 6. Procedure to contest. (a) Every public authority that operates a 18 cashless tolling facility, cashless tolling monitoring system, and tolls 19 by mail program shall promulgate regulations establishing a procedure by 20 which a person alleged to be liable for the payment of a toll or a 21 violation may (i) contest such alleged liability, (ii) submit the 22 contest to a hearing, and (iii) have the right to appeal. 23 (b) Every toll bill and notice of violation shall on its face advise 24 the owner of the manner and the time in which to contest the toll or any 25 violation and also contain a warning that failure to contest in the 26 manner and time provided shall be deemed an admission of liability and 27 that a default judgment may be entered thereon. 28 7. Adjudication of liability. Adjudication of an owner's liability 29 shall be by the entity having jurisdiction over the cashless tolling 30 facility or, where authorized, by an administrative tribunal; and all 31 such liability determinations shall be heard and determined either: (a) 32 in the county in which the obligation to pay a toll through the cashless 33 tolling program was alleged to occur, or (b) where the toll is alleged 34 to have been incurred in New York city and, upon the consent of both 35 parties, in any county within New York city in which the public authori- 36 ty operates or maintains a cashless tolling facility. Such adjudications 37 shall be heard and determined in the same manner as charges of other 38 regulatory violations of such public authority or pursuant to the rules 39 and regulations of such administrative tribunal as the case may be. 40 8. Evidence of obligation to pay a toll or violation. (a) A certif- 41 icate sworn to or affirmed by an agent of the public authority which 42 charged that a liability for an obligation to pay a toll or a violation 43 has been incurred, or a facsimile thereof based upon inspection of 44 recorded images produced by a cashless tolling monitoring system shall 45 be prima facie evidence of the facts contained therein and shall be 46 admissible in any proceeding charging a liability for a toll or a 47 violation pursuant to this section. 48 (b) Any such recorded images and certificate evidencing such liability 49 shall be available to the owner upon request for inspection and admis- 50 sion into evidence in any proceeding to adjudicate such liability. 51 (c) Any liability imposed pursuant to this section shall be based upon 52 a preponderance of evidence as submitted. 53 9. Defenses. It shall be a valid defense to an allegation of liability 54 for a toll and/or violation that: 55 (a) the vehicle was not used or operated in violation of this section 56 or the regulations promulgated hereunder;A. 7587--A 6 1 (b) the vehicle was used or operated without the permission of the 2 owner, express or implied; 3 (c) the recipient of a toll bill or notice of violation was not the 4 owner of the vehicle at the time the obligation to pay the toll 5 occurred; 6 (d) the vehicle had been stolen prior to the time the obligation was 7 incurred and was not in the possession of the owner at the time the 8 obligation was incurred. For the purposes of asserting this defense, it 9 shall be sufficient that a certified copy of the police report on the 10 stolen vehicle is submitted to the public authority, court or other 11 entity having jurisdiction; 12 (e) the vehicle had been leased at the time the obligation was 13 incurred. For the purpose of asserting this defense, it shall be suffi- 14 cient that a copy of the rental lease or other contract document cover- 15 ing the vehicle on the date and time the toll was incurred is submitted 16 to the public authority, court or other entity having jurisdiction with- 17 in thirty days of the lessor receiving the original toll bill or notice 18 of violation. Such document shall include the name and address of the 19 lessee. Failure to timely submit such information shall constitute a 20 waiver of this defense. Where the lessor complies with the provisions of 21 this section, the lessee shall be deemed to be the owner of the vehicle 22 for purposes of this section and shall be subject to liability pursuant 23 to this section, provided that the authority mails a toll bill to the 24 lessee within ten days after the court or other entity having jurisdic- 25 tion, deems the lessee to be the owner. 26 10. Finding of violation. (a) Any liability imposed pursuant to this 27 section shall not be deemed a conviction as an operator and shall not be 28 made part of the motor vehicle operating record, maintained by the 29 commissioner of motor vehicles pursuant to the vehicle and traffic law, 30 of the person upon whom such liability is imposed nor shall it be used 31 for insurance purposes in the provision of motor vehicle insurance 32 coverage. 33 (b) Notwithstanding the provisions of any other law, order, rule or 34 regulation to the contrary, no registration of any motor vehicle may be 35 suspended, revoked or denied renewal resulting from an obligation to pay 36 a toll at a cashless tolling facility as described in this section and 37 the commissioner of motor vehicles shall not suspend, revoke or deny 38 renewal of the registration of a motor vehicle resulting from an obli- 39 gation to pay a toll at a cashless tolling facility as described in this 40 section. 41 11. Indemnification. Any owner who is found liable pursuant to this 42 section who was not the operator of the vehicle at the time the obli- 43 gation to pay the toll was incurred may maintain an action for indemni- 44 fication against the operator. 45 12. Data protection. (a) Notwithstanding any other provision of law, 46 all images, videos and other recorded images collected by the authority 47 pursuant to this section shall be for the exclusive use of such authori- 48 ty in the discharge of its duties under this section and shall not be 49 open to the public nor be used in any court in any action or proceeding 50 pending therein unless such action or proceeding relates to the imposi- 51 tion of or indemnification for liability pursuant to this section. 52 (b) The authority shall not sell, distribute or make available in any 53 way, the names and addresses of any owner that participates in the tolls 54 by mail program, without such owner's consent, to any entity that will 55 use such information for any commercial purpose provided that the fore- 56 going restriction shall not be deemed to preclude the exchange of suchA. 7587--A 7 1 information between any entities with jurisdiction over or operating of 2 a cashless tolling facility for the purpose of administering such tolls 3 by mail program. 4 13. Display of toll charges. Any toll that will be charged for the 5 usage of any bridge, tunnel, road, or any other entity shall be 6 displayed conspicuously and prominently on signage of a reasonable size 7 in a manner reasonably calculated to provide ample and adequate notice. 8 14. Debt collection. (a) On or after the effective date of this 9 section, no public authority which operates a cashless tolling facility 10 shall sell or transfer any debt owed to the public authority by an owner 11 for a violation of toll collection regulations to a debt collection 12 agency unless one year has passed from the date the owner was found 13 liable for the violation of toll collection regulations associated with 14 such debt, or the owner has a total debt owed to the public authority of 15 one thousand dollars or more. The authority shall not sell or transfer 16 any debt to a debt collection agency unless such authority has first 17 obtained a default judgment in a court or administrative tribunal with 18 jurisdiction over the assessed toll. 19 (b) A notice shall be sent by first-class mail advising the owner that 20 the debt described in paragraph (a) of this subdivision shall be sold or 21 transferred by the authority to a debt collection agency on a specified 22 date no less than thirty days prior to such sale or transfer. 23 15. Installment payment plan. Every public authority that operates a 24 cashless tolling facility, cashless tolling monitoring system, and tolls 25 by mail program shall promulgate rules and regulations that establish an 26 installment payment plan for the payment of any toll and penalty 27 incurred at a cashless tolling facility. Information related to such 28 plan shall be included in any toll bill and any notice of violation and 29 shall be displayed conspicuously on the authorities' websites. Each 30 owner, at his or her election, may participate in such plan. The public 31 authority shall not charge any additional fees or penalties for enroll- 32 ment in a payment plan. 33 16. Annual report. Every public authority that adopts a demonstration 34 program pursuant to subdivision two of this section shall submit an 35 annual report on the tolls by mail program to the governor, the tempo- 36 rary president of the senate and the speaker of the assembly and post on 37 its website on or before the first day of June succeeding the effective 38 date of this section and on the same date in each succeeding year in 39 which the demonstration program is operable. Such report shall include, 40 but not be limited to: 41 (a) the locations where vehicle sensors for cashless tolling monitor- 42 ing systems were used; 43 (b) the aggregate number of tolls paid at the locations where cashless 44 tolling facilities were used, including both through the use of an oper- 45 able electronic device and through the tolls by mail program; 46 (c) the number of owners that paid their toll through the tolls by 47 mail program; 48 (d) the number of owners that paid their toll upon receipt of the 49 first toll bill; 50 (e) the number of owners that paid their toll upon receipt of the 51 second toll bill; 52 (f) the number of owners that were charged a five dollar fee for late 53 payment and the aggregate amount of fees for late payment collected by 54 the authority;A. 7587--A 8 1 (g) the number of owners that were charged a penalty, the amount of 2 the penalty charged to owners and the aggregate amount of penalties 3 collected by the authority; 4 (h) the number of owners that disputed the toll bill, the number of 5 owners that successfully disputed such toll bill and an itemized break- 6 down of the reasons for successfully disputed tolls; 7 (i) the number of owners that disputed the notice of violation and the 8 number of owners that successfully disputed such notice of violation; 9 (j) the number of owners that paid their toll upon receipt of the 10 notice of violation; 11 (k) the aggregate amount of penalties charged to owners; 12 (l) a copy of all regulations the reporting authority promulgated 13 pursuant to this section; 14 (m) the number of tolls adjudicated by every public authority and 15 court, including any appeal of such adjudications, and the results of 16 all adjudications including breakdowns of dispositions made for tolls 17 recorded by such systems; 18 (n) the total amount of revenue realized by such authority from such 19 adjudications; 20 (o) expenses incurred by such authority in connection with the tolls 21 by mail program; 22 (p) the nature of the adjudication process and its results; and 23 (q) the number of owners whose toll bills and violation notices were 24 returned to the public authority as undeliverable. 25 § 4. a. Within 90 days of the effective date of this act, the Tribor- 26 ough Bridge and Tunnel Authority organized pursuant to section 552 of 27 the public authorities law shall implement an amnesty program for all 28 persons who, with respect to any toll obligation incurred on or after 29 November 1, 2016 at a cashless tolling facility operated by the authori- 30 ty, (1) owe tolls, fines, fees, or penalties; (2) have been referred to 31 a debt collection agency; or (3) have had their vehicle registration 32 suspended. Such amnesty program shall be at least five weeks in duration 33 and shall provide that upon an owner's payment or contesting the 34 outstanding toll balance during the amnesty period (1) the authority 35 shall waive all fees, fines, and penalties associated with the outstand- 36 ing toll balance, and (2) the authority shall advise the commissioner of 37 motor vehicles, in such form and manner that such commissioner shall 38 have prescribed, that such person has responded and any registration 39 suspension shall be rescinded. 40 b. The Triborough Bridge and Tunnel Authority shall undertake a public 41 awareness campaign for such amnesty program, maintain a public website 42 for any person to obtain information on any outstanding tolls and no 43 later than 30 days preceding the commencement of the amnesty period, 44 notify by first-class mail all persons with outstanding toll balances of 45 their eligibility for the amnesty program. The authority shall provide 46 for sufficient methods to pay the outstanding toll balances, including 47 but not limited to, by phone, by mail, or through the internet. 48 § 5. This act shall take effect on the one hundred twentieth day after 49 it shall have become a law; provided, however that sections three and 50 four of this act shall expire 5 years after such effective date when 51 upon such date such provisions of this act shall be deemed repealed. 52 Effective immediately, the addition, amendment and/or repeal of any rule 53 or regulation necessary for the implementation of this act on its effec- 54 tive date are authorized to be made and completed on or before such 55 effective date.
