LBD02953-01-3
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COLLECTION REGULATIONS, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A PHOTO-MONITORING SYSTEM, PROVIDED, HOWEVER, THAT NO
OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO
THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF A
VIOLATION OF TOLL COLLECTION REGULATIONS FOR THE SAME INCIDENT.
3. FOR PURPOSES OF THIS SECTION, THE TERM "OWNER" SHALL MEAN ANY
PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR
ORGANIZATION WHO, AT THE TIME OF THE VIOLATION AND WITH RESPECT TO THE
VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY: (A) IS THE BENEFICIAL OR
EQUITABLE OWNER OF SUCH VEHICLE; OR (B) HAS TITLE TO SUCH VEHICLE; OR
(C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
TERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER
STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR
(D) SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISION TEN OF THIS
SECTION, USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSI-
NESS; AND INCLUDES (E) A PERSON ENTITLED TO THE USE AND POSSESSION OF A
VEHICLE SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON. FOR PURPOSES
OF THIS SECTION, THE TERM "PHOTO-MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TOLL COLLECTION FACILITY
WHICH AUTOMATICALLY PRODUCES ONE OR MORE PHOTOGRAPHS, ONE OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN VIOLATION OF TOLL COLLECTION REGULATIONS.
FOR PURPOSES OF THIS SECTION, THE TERM "TOLL COLLECTION REGULATIONS"
SHALL MEAN: THOSE RULES AND REGULATIONS OF A PUBLIC AUTHORITY PROVIDING
FOR AND REQUIRING THE PAYMENT OF TOLLS AND/OR CHARGES PRESCRIBED BY SUCH
PUBLIC AUTHORITY FOR THE USE OF BRIDGES, TUNNELS OR HIGHWAYS UNDER ITS
JURISDICTION OR THOSE RULES AND REGULATIONS OF A PUBLIC AUTHORITY MAKING
IT UNLAWFUL TO REFUSE TO PAY OR TO EVADE OR TO ATTEMPT TO EVADE THE
PAYMENT OF ALL OR PART OF ANY TOLL AND/OR CHARGE FOR THE USE OF BRIDGES,
TUNNELS OR HIGHWAYS UNDER THE JURISDICTION OF SUCH PUBLIC AUTHORITY. FOR
PURPOSES OF THIS SECTION, THE TERM "VEHICLE" SHALL MEAN EVERY DEVICE IN,
UPON OR BY WHICH A PERSON OR PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN
UPON A HIGHWAY, EXCEPT DEVICES USED EXCLUSIVELY UPON STATIONARY RAILS OR
TRACKS.
4. A CERTIFICATE, SWORN TO OR AFFIRMED BY AN AGENT OF THE PUBLIC
AUTHORITY WHICH CHARGED THAT THE VIOLATION OCCURRED, OR A FACSIMILE
THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO-MONITORING SYSTEM
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN AND SHALL
BE ADMISSIBLE IN ANY PROCEEDING CHARGING A VIOLATION OF TOLL COLLECTION
REGULATIONS, PROVIDED THAT ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE
OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE
FOR INSPECTION AND ADMISSION INTO EVIDENCE IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION.
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 DOLLARS OR TWO TIMES
THE TOLL EVADED WHICHEVER IS GREATER; FOR A SECOND VIOLATION THEREOF
BOTH WITHIN EIGHTEEN MONTHS BE LIABLE FOR A MONETARY PENALTY NOT TO
EXCEED ONE 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 HUNDRED FIFTY
DOLLARS OR TEN TIMES THE TOLL EVADED WHICHEVER IS GREATER.
6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL BE BASED
UPON A PREPONDERANCE OF EVIDENCE AS SUBMITTED. AN IMPOSITION OF LIABIL-
ITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
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OPERATOR AND SHALL NOT BE MADE PART OF THE MOTOR VEHICLE OPERATING
RECORD, FURNISHED PURSUANT TO SECTION THREE HUNDRED FIFTY-FOUR OF THE
VEHICLE AND TRAFFIC LAW, OF THE PERSON UPON WHOM SUCH LIABILITY IS
IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF
MOTOR VEHICLE INSURANCE COVERAGE.
7. (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 THIRTY
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 AND THE IDEN-
TIFICATION NUMBER OF THE PHOTO-MONITORING SYSTEM WHICH RECORDED THE
VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
(C) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE
LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
(D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE PUBLIC
AUTHORITY HAVING JURISDICTION OVER THE TOLL FACILITY WHERE THE VIOLATION
OF TOLL COLLECTION REGULATIONS OCCURRED.
8. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE ENTITY HAVING JURISDICTION OVER VIOLATIONS OF THE RULES
AND REGULATIONS OF THE PUBLIC AUTHORITY SERVING THE NOTICE OF LIABILITY
OR WHERE AUTHORIZED BY AN ADMINISTRATIVE TRIBUNAL AND ALL VIOLATIONS
SHALL BE HEARD AND DETERMINED IN THE COUNTY IN WHICH THE VIOLATION IS
ALLEGED TO HAVE OCCURRED, OR IN NEW YORK CITY AND UPON THE CONSENT OF
BOTH PARTIES, IN ANY COUNTY WITHIN NEW YORK CITY IN WHICH THE PUBLIC
AUTHORITY OPERATES OR MAINTAINS A FACILITY, AND IN THE SAME MANNER AS
CHARGES OF OTHER REGULATORY VIOLATIONS OF SUCH PUBLIC AUTHORITY OR
PURSUANT TO THE RULES AND REGULATIONS OF SUCH ADMINISTRATIVE TRIBUNAL AS
THE CASE MAY BE.
9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE
DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS
THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE
TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. IF
AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY
TIME PERIOD DURING WHICH THE VEHICLE WAS STOLEN, BUT NOT AS YET REPORTED
TO THE POLICE AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS
PURSUANT TO THIS SECTION THAT THE VEHICLE WAS REPORTED AS STOLEN WITHIN
TWO HOURS AFTER THE DISCOVERY OF THE THEFT BY THE OWNER. FOR PURPOSES OF
ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
BE SENT BY FIRST CLASS MAIL TO THE COURT OR OTHER ENTITY HAVING JURIS-
DICTION.
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10. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL NOT
BE LIABLE FOR THE VIOLATION OF THE TOLL COLLECTION REGULATION PROVIDED
THAT HE OR SHE SENDS TO THE PUBLIC AUTHORITY SERVING THE NOTICE OF
LIABILITY AND TO THE COURT OR OTHER ENTITY HAVING JURISDICTION A COPY OF
THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE
ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE
CLEARLY LEGIBLE, WITHIN THIRTY DAYS AFTER RECEIVING THE ORIGINAL NOTICE
OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY DAY
TIME PERIOD SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY
THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS
SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION
SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
SECTION AND SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF TOLL
COLLECTION REGULATIONS, PROVIDED THAT THE PUBLIC AUTHORITY MAILS A
NOTICE OF LIABILITY TO THE LESSEE WITHIN TEN DAYS AFTER THE COURT, OR
OTHER ENTITY HAVING JURISDICTION, DEEMS THE LESSEE TO BE THE OWNER. FOR
PURPOSES OF THIS SUBDIVISION, THE TERM "LESSOR" SHALL MEAN ANY PERSON,
CORPORATION, FIRM, PARTNERSHIP, AGENCY, ASSOCIATION OR ORGANIZATION
ENGAGED IN THE BUSINESS OF RENTING OR LEASING VEHICLES TO ANY LESSEE
UNDER A RENTAL AGREEMENT, LEASE OR OTHERWISE WHEREIN THE SAID LESSEE HAS
THE EXCLUSIVE USE OF SAID VEHICLE FOR ANY PERIOD OF TIME. FOR PURPOSES
OF THIS SUBDIVISION, THE TERM "LESSEE" SHALL MEAN ANY PERSON, CORPO-
RATION, FIRM, PARTNERSHIP, AGENCY, ASSOCIATION OR ORGANIZATION THAT
RENTS, LEASES OR CONTRACTS FOR THE USE OF ONE OR MORE VEHICLES AND HAS
EXCLUSIVE USE THEREOF FOR ANY PERIOD OF TIME.
11. EXCEPT AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION, IF A PERSON
RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS THAT THE INDIVIDUAL WHO RECEIVED THE NOTICE OF
LIABILITY PURSUANT TO THIS SECTION WAS NOT THE OWNER OF THE VEHICLE AT
THE TIME THE VIOLATION OCCURRED. IF THE OWNER LIABLE FOR A VIOLATION OF
TOLL COLLECTION REGULATIONS PURSUANT TO THIS SECTION WAS NOT THE OPERA-
TOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN
AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
12. "ELECTRONIC TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM OF
COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF CHARGING AN ACCOUNT
HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION OF INFORMATION
FROM AN ELECTRONIC DEVICE ON A MOTOR VEHICLE TO THE TOLL LANE, WHICH
INFORMATION IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE TOLL OR
CHARGE. IN ADOPTING PROCEDURES FOR THE PREPARATION AND MAILING OF A
NOTICE OF LIABILITY, THE PUBLIC AUTHORITY HAVING JURISDICTION OVER THE
TOLL FACILITY SHALL ADOPT GUIDELINES TO ENSURE ADEQUATE AND TIMELY
NOTICE TO ALL ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLDERS TO
INFORM THEM WHEN THEIR ACCOUNTS ARE DELINQUENT. AN OWNER WHO IS AN
ACCOUNT HOLDER UNDER THE ELECTRONIC TOLL COLLECTION SYSTEM SHALL NOT BE
FOUND LIABLE FOR A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORITY HAS
FIRST SENT A NOTICE OF DELINQUENCY TO SUCH ACCOUNT HOLDER AND THE
ACCOUNT HOLDER WAS IN FACT DELINQUENT AT THE TIME OF THE VIOLATION.
13. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF TOLL COLLECTION REGU-
LATIONS.
14. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED PURSUANT
TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF A PUBLIC AUTHORITY IN
THE DISCHARGE OF ITS DUTIES UNDER THIS SECTION AND SHALL NOT BE OPEN TO
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THE PUBLIC NOR BE USED IN ANY COURT IN ANY ACTION OR PROCEEDING PENDING
THEREIN UNLESS SUCH ACTION OR PROCEEDING RELATES TO THE IMPOSITION OF OR
INDEMNIFICATION FOR LIABILITY PURSUANT TO THIS SECTION. THE PUBLIC
AUTHORITY SHALL NOT SELL, DISTRIBUTE OR MAKE AVAILABLE IN ANY WAY, THE
NAMES AND ADDRESSES OF ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLD-
ERS, WITHOUT SUCH ACCOUNT HOLDERS' CONSENT TO ANY ENTITY THAT WILL USE
SUCH INFORMATION FOR ANY COMMERCIAL PURPOSE PROVIDED THAT THE FOREGOING
RESTRICTION SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF SUCH INFOR-
MATION BETWEEN ANY ENTITIES WITH JURISDICTION OVER AND OR OPERATING A
TOLL HIGHWAY BRIDGE AND/OR TUNNEL FACILITY.
S 2989. PLACEMENT OF ELECTRONIC TOLL COLLECTION SYSTEM LANES AT TOLL
BARRIERS LOCATED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE. THE COMMISSIONER OF TRANSPORTATION SHALL ESTABLISH, BY RULE OR
REGULATION, REQUIREMENTS FOR THE PLACEMENT OF AT LEAST ONE CASH LANE TO
BE MADE AVAILABLE FOR THE COLLECTION OF TOLLS AND FARES WHERE ELECTRONIC
TOLL COLLECTION SYSTEMS, AS DEFINED IN SECTION TWENTY-NINE HUNDRED
EIGHTY-EIGHT OF THIS TITLE, HAVE BEEN DESIGNATED AT THE TOLL BARRIERS
OPERATED BY EVERY PUBLIC AUTHORITY WHICH OPERATES A TOLL HIGHWAY,
BRIDGE, TUNNEL OR OTHER THOROUGHFARE LOCATED WITHIN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE. SUCH RULES AND REGULATIONS SHALL
SPECIFY THE GENERAL LOCATION OF THE ROADWAY LANES IN WHICH CASH LANES
SHALL BE LOCATED.
S 3. 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 crossings operated by the port of New York authori-
ty, is amended by adding a new section 16-d to read as follows:
S 16-D. PLACEMENT OF ELECTRONIC TOLL COLLECTION SYSTEM LANES WITHIN
THE CITY OF NEW YORK. THE COMMISSIONER OF TRANSPORTATION OF THE STATE OF
NEW YORK SHALL ESTABLISH, BY RULE OR REGULATION, REQUIREMENTS FOR THE
PLACEMENT OF AT LEAST ONE CASH LANE TO BE MADE AVAILABLE FOR THE
COLLECTION OF TOLLS AND FARES WHERE ELECTRONIC TOLL COLLECTION SYSTEMS,
AS DEFINED IN SECTION 16-B OF THIS ACT, HAVE BEEN DESIGNATED AT THE TOLL
BARRIERS OPERATED BY THE PORT AUTHORITY WITHIN THE CITY OF NEW YORK.
SUCH RULES AND REGULATIONS SHALL SPECIFY THE GENERAL LOCATION OF THE
ROADWAY LANES IN WHICH CASH LANES SHALL BE LOCATED.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that the commissioner of
transportation is authorized and directed to promulgate any rules and
regulations necessary to implement the provisions of this act on or
before such effective date.