Bill Text: NY S05562 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that no suspension of a registration shall occur for a violation regarding cashless tolls absent clear evidence of an owner's intent to repeatedly evade paying such tolls.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S05562 Detail]

Download: New_York-2023-S05562-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5562

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 8, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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  suspending
          the registration of a vehicle for evading cashless tolls

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

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 510-e to read as follows:
     3    § 510-e. Suspension of registration; cashless toll violations. 1.  For
     4  the purpose of this section:
     5    (a)  "Owner"  shall  mean  any person, corporation, partnership, firm,
     6  agency, association, lessor or organization who, at the time  of  incur-
     7  ring  an  obligation  to  pay a toll at a cashless tolling facility, and
     8  with respect to the vehicle identified in the notice of toll due: (i) is
     9  the beneficial or equitable owner of such vehicle; or (ii) has title  to
    10  such  vehicle; or (iii) is the registrant or co-registrant of such vehi-
    11  cle which is registered with the department of motor  vehicles  of  this
    12  state or any other state, territory, district, province, nation or other
    13  jurisdiction;  or (iv) is a person entitled to the use and possession of
    14  a vehicle subject to a security interest in another person.
    15    (b) "Cashless tolling facility" shall mean a toll highway,  bridge  or
    16  tunnel facility operated by a public authority that does not provide for
    17  the immediate on-site payment in cash of a toll owed for the use of such
    18  facility.
    19    (c)  "Violation" shall mean the failure of the owner to timely respond
    20  to a toll bill.
    21    (d) "Toll bill" shall mean a notice sent  to  an  owner  by  a  public
    22  authority notifying such owner that the owner's vehicle has been used or
    23  operated  at  a  cashless  tolling  facility, crossed a cashless tolling
    24  monitoring system without an operable electronic device and has incurred
    25  an obligation to pay a toll.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03876-01-3
        S. 5562                             2

     1    2. No suspension of registration of a motor vehicle shall occur pursu-
     2  ant to this article for any cashless  toll  violation  unless  there  is
     3  clear  evidence  the  owner of such motor vehicle's intent to repeatedly
     4  evade paying such cashless tolls.   Beginning  October  thirteenth,  two
     5  thousand twenty, any current suspension of registration of a motor vehi-
     6  cle  for  any  cashless  toll  violation which lack clear evidence of an
     7  owner's intent to repeatedly evade paying such cashless tolls  shall  be
     8  reversed without penalty to such owner of such vehicle.
     9    § 2. This act shall take effect immediately.