Bill Text: NY A01611 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to liability of vehicle owners for toll collection violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-14 - print number 1611a [A01611 Detail]
Download: New_York-2017-A01611-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1611--A 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Corporations, Authorities and Commissions -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public authorities law and chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular cross- ings operated by the port of New York authority, in relation to liability of vehicle owners for toll collection violations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2985 of the public authorities law is designated 2 title 11-A and a new title heading is added to read as follows: 3 TOLL COLLECTIONS 4 § 2. Subdivision 1 of section 2985 of the public authorities law, as 5 added by chapter 379 of the laws of 1992, is amended to read as follows: 6 1. Notwithstanding any other provision of law, every public authority 7 which operates a toll highway bridge and/or tunnel facility is hereby 8 authorized and empowered to impose monetary liability on the owner of a 9 vehicle for failure [of an operator thereof] to comply with the toll 10 collection regulations of such public authority in accordance with the 11 provisions of this section. 12 § 3. Subdivision 5 of section 2985 of the public authorities law, as 13 added by chapter 379 of the laws of 1992, is amended to read as follows: 14 5. An owner found liable for a violation of toll collection regu- 15 lations pursuant to this section shall for a first violation thereof be 16 liable for the full amount of the assessed tolls and other charges and 17 fees in addition to a monetary penalty not to exceed [fifty] twenty-five 18 dollars or two times the toll evaded whichever is [greater] less; for a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01954-02-8A. 1611--A 2 1 second violation thereof both within eighteen months be liable for the 2 full amount of the assessed tolls and other charges and fees in addition 3 to a monetary penalty not to exceed [one hundred] fifty dollars or five 4 times the toll evaded whichever is [greater] less; for a third or subse- 5 quent violation thereof all within eighteen months be liable for the 6 full amount of the assessed tolls and other charges and fees in addition 7 to a monetary penalty not to exceed one hundred [fifty] dollars or ten 8 times the toll evaded whichever is [greater] less. 9 § 4. Paragraph (b) of subdivision 7 of section 2985 of the public 10 authorities law, as added by chapter 379 of the laws of 1992, is amended 11 to read as follows: 12 (b) A notice of liability shall contain the name and address of the 13 person alleged to be liable as an owner for a violation of toll 14 collection regulations pursuant to this section, the registration number 15 and state of registration of the vehicle involved in such violation, the 16 [location where such violation took place, the date and time] locations, 17 dates and times of such violation, the amount of the assessed tolls and 18 other charges and fees, and the identification number of the photo-moni- 19 toring system which recorded the violation or other document locator 20 number. 21 § 5. Subdivision 10 of section 2985 of the public authorities law, as 22 amended by chapter 666 of the laws of 1993, is amended to read as 23 follows: 24 10. An owner who is a lessor of a vehicle to which a notice of liabil- 25 ity was issued pursuant to subdivision seven of this section shall not 26 be liable for the violation of the toll collection regulation provided 27 that he or she sends to the public authority serving the notice of 28 liability and to the court or other entity having jurisdiction a copy of 29 the rental, lease or other such contract document covering such vehicle 30 on the date of the violation, with the name and address of the lessee 31 clearly legible, within thirty days after receiving [the original] 32 notice of liability. Failure to send such information within such thirty 33 day time period shall render the lessor liable for the penalty 34 prescribed by this section. Where the lessor complies with the 35 provisions of this subdivision, the lessee of such vehicle on the date 36 of such violation shall be deemed to be the owner of such vehicle for 37 purposes of this section and shall be subject to liability for the 38 violation of toll collection regulations, provided that the public 39 authority mails a notice of liability to the lessee within ten days 40 after the court, or other entity having jurisdiction, deems the lessee 41 to be the owner. For purposes of this subdivision the term "lessor" 42 shall mean any person, corporation, firm, partnership, agency, associ- 43 ation or organization engaged in the business of renting or leasing 44 vehicles to any lessee under a rental agreement, lease or otherwise 45 wherein the said lessee has the exclusive use of said vehicle for any 46 period of time. For purposes of this subdivision, the term "lessee" 47 shall mean any person, corporation, firm, partnership, agency, associ- 48 ation or organization that rents, leases or contracts for the use of one 49 or more vehicles and has exclusive use thereof for any period of time. 50 § 6. Section 1209-a of the public authorities law is amended by adding 51 a new subdivision 11 to read as follows: 52 11. Notice. Any notice or communication required to be sent pursuant 53 to this section by registered mail or certified mail may instead be sent 54 by first class mail or, with consent, by electronic means of communi- 55 cation.A. 1611--A 3 1 § 7. Subdivision d of section 16-b of chapter 774 of the laws of 1950, 2 relating to agreeing with the state of New Jersey with respect to rules 3 and regulations governing traffic on vehicular crossings operated by the 4 port of New York authority, as added by chapter 379 of the laws of 1992, 5 is amended to read as follows: 6 d. (i) A notice of liability shall be sent by first class mail or, 7 with consent, by electronic means of communication to each person 8 alleged to be liable as an owner for a violation pursuant to this 9 section of the toll collection regulations of the port authority. Such 10 notice shall be [mailed] sent no later than thirty days after the 11 alleged violation. Personal delivery on the owner shall not be required. 12 A manual or automatic record of [mailing] sending the notice prepared in 13 the ordinary course of business shall be prima facie evidence of the 14 [mailing] sending of the notice. 15 (ii) A notice of liability shall contain the name and address of the 16 person alleged to be liable as an owner for a violation of the toll 17 collection regulations of the port authority pursuant to this section, 18 the registration number and state of registration of the vehicle 19 involved in such violation, the [location where such violation took20place, the date and time] locations, dates and times that form the basis 21 of such violation, the amount of the assessed tolls and other charges 22 and the identification number of the photo-monitoring system which 23 recorded the violation or other document locator number. 24 (iii) The notice of liability shall contain information advising the 25 person charged of the manner and the time in which he may contest the 26 liability alleged in the notice. Such notice of liability shall also 27 contain a warning to advise the persons charged that failure to contest 28 in the manner and time provided shall be deemed an admission of liabil- 29 ity and that a default judgment may be entered thereon. 30 (iv) The notice of liability shall be prepared and [mailed] sent by 31 the port authority or its duly authorized agent. 32 § 8. Section 16-c of chapter 774 of the laws of 1950, relating to 33 agreeing with the state of New Jersey with respect to rules and regu- 34 lations governing traffic on vehicular crossings operated by the port of 35 New York authority, as added by chapter 379 of the laws of 1992, is 36 amended to read as follows: 37 § 16-c. Adjudication of liability. Adjudication of the liability 38 imposed upon an owner by section 16-a of this act for a violation of the 39 toll collection regulations of the port authority occurring within the 40 territorial limits of the state of New York shall be in accordance with 41 the vehicle and traffic law of New York as set forth in sections 235, 42 236, 237, 239, 240, 241, 401, 510 and 1809 of such law, or by such enti- 43 ty having jurisdiction over violations of the toll collection regu- 44 lations of the port authority occurring within the territorial limits of 45 the state of New York, provided that all violations shall be heard and 46 determined in the county in which the violation is alleged to have 47 occurred, or by consent of both parties, or in any county in the state 48 of New York in which the port authority operates or maintains a facili- 49 ty. An owner found liable for a violation of toll collection regu- 50 lations pursuant to this section shall for a first violation thereof be 51 liable for the full amount of the assessed toll and other charges and 52 fees in addition to a monetary penalty not to exceed [fifty] twenty-five 53 dollars or two times the toll evaded whichever is [greater] less; for a 54 second violation thereof both within eighteen months be liable for the 55 full amount of the assessed toll and other charges and fees in addition 56 to a monetary penalty not to exceed [one hundred] fifty dollars or fiveA. 1611--A 4 1 times the toll evaded whichever is [greater] less; for a third or subse- 2 quent violation thereof all within eighteen months be liable for the 3 full amount of the assessed toll and other charges and fees in addition 4 to a monetary penalty not to exceed one hundred [fifty] dollars or ten 5 times the toll evaded whichever is [greater] less. 6 § 9. This act shall take effect on the one hundred twentieth day after 7 it shall have become a law.
