S T A T E   O F   N E W   Y O R K
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                                  7955

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2009
                               ___________

Introduced  by  M. of A. LENTOL -- (at request of the Thruway Authority)
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation  to  theft  of  services;  to
  amend  the  public  authorities  law, in relation to the imposition of
  penalties and administrative fees for toll evaders; and to  amend  the
  vehicle  and traffic law, in relation to the suspension of a registra-
  tion of a toll evader

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 165.15 of the penal law is amended
to read as follows:
  3. With intent to obtain railroad, subway, bus, air, taxi or any other
public  transportation  service  OR  TO  USE ANY HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL without payment of the lawful charge OR TOLL  therefor,
or to avoid payment of the lawful charge OR TOLL for such transportation
service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or  attempts
to  obtain  such  service  OR USE or avoids or attempts to avoid payment
therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
tampering, or by unjustifiable failure or refusal to pay; or
  S  2.  Section 2985 of title 11 of article 9 of the public authorities
law is designated title 12 and such title is amended  by  adding  a  new
title heading to read as follows:
                            TOLL COLLECTIONS
  S  3.  Subdivision 5 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  5. An owner found liable for a  violation  of  toll  collection  regu-
lations  pursuant to this section shall for a first violation thereof be
liable for a monetary penalty not to exceed [fifty] ONE HUNDRED  dollars
or  two  times  the  toll  evaded  whichever  is  greater;  for a second
violation thereof both within eighteen months be liable for  a  monetary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09733-02-9
              

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penalty  not  to exceed [one] TWO hundred dollars or five times the toll
evaded whichever is greater; for a third or subsequent violation thereof
all within eighteen months be liable  for  a  monetary  penalty  not  to
exceed  [one] THREE hundred [fifty] dollars or ten times the toll evaded
whichever is greater.   ONE-HALF OF SUCH  MONETARY  PENALTIES  COLLECTED
SHALL  BE PAID TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGULATIONS
WERE VIOLATED. IN ADDITION TO SUCH PENALTIES, THE OWNER  SHALL  ALSO  BE
LIABLE  TO  THE PUBLIC AUTHORITY, WHOSE TOLL COLLECTION REGULATIONS WERE
VIOLATED, FOR FULL RESTITUTION OF TOLL REVENUES LOST AS A RESULT OF SUCH
VIOLATION.
  S 4. Paragraphs (a) and (b) of subdivision 7 of section  2985  of  the
public authorities law, as added by chapter 379 of the laws of 1992, are
amended to read as follows:
  (a)  A  notice  of liability shall be sent by first class mail to each
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations. Such notice shall be mailed no later than [thir-
ty]  NINETY  days  after the alleged violation. Personal delivery on the
owner shall not be required. A manual or  automatic  record  of  mailing
prepared  in  the  ordinary  course  of  business  shall  be prima facie
evidence of the mailing of the notice.
  (b) A notice of liability shall contain the name and  address  of  the
person  alleged  to  be  liable  as  an  owner  for  a violation of toll
collection regulations pursuant to this section, the registration number
of the vehicle involved in  such  violation,  the  location  where  such
violation  took  place,  the  date  and time of such violation, THE TOLL
AMOUNT EVADED and the  identification  number  of  the  photo-monitoring
system which recorded the violation or other document locator number.
  S 5. Section 2985 of the public authorities law is amended by adding a
new subdivision 15 to read as follows:
  15. IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT
TO  THIS  SECTION, EVERY PUBLIC AUTHORITY WHICH OPERATES A TOLL HIGHWAY,
BRIDGE AND/OR TUNNEL FACILITY IS  HEREBY  AUTHORIZED  AND  EMPOWERED  TO
IMPOSE  AN ADMINISTRATIVE FEE OR FEES ON THE OWNER OF A VEHICLE THAT HAS
VIOLATED TOLL COLLECTION REGULATIONS.
  S 6. Subdivision 4-d of section 510 of the vehicle and traffic law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of  a  notification
from  a court or an administrative tribunal, OR FROM A PUBLIC AUTHORITY,
OR ANY OTHER PUBLIC ENTITY IMPOSING SUCH VIOLATIONS, IN THE  MANNER  AND
FORM  PRESCRIBED  BY  THE COMMISSIONER, that an owner of a motor vehicle
failed to appear on the  return  date  or  dates  or  a  new  subsequent
adjourned  date or dates or failed to pay any penalty imposed by a court
or failed to comply with the rules and regulations of an  administrative
tribunal  following  entry of a final decision or decisions, in response
to [five] THREE or more notices of liability or  other  process,  issued
within  an eighteen month period charging such owner with a violation of
toll collection regulations in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities  law  or
sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, OR OTHER  COMPARABLE
LAW, the commissioner or his OR HER agent shall suspend the registration
of the vehicle or vehicles involved in the violation or the privilege of
operation  of any motor vehicle owned by the registrant. Such suspension
shall take effect no less than thirty days from the date on which notice
thereof is sent by the commissioner to the person whose registration  or

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privilege  is suspended and shall remain in effect until such registrant
has appeared in response to such notices of liability or has  paid  such
penalty or in the case of an administrative tribunal, the registrant has
complied  with  the rules and regulations following the entry of a final
decision or decisions.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law.