S. 7905--A 2
WITHIN A PERIOD OF FIVE YEARS IN VIOLATION OF SUBPARAGRAPH (II), (II-A)
OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO
OF THE VEHICLE AND TRAFFIC LAW.
§ 2. Subdivision 4-h of section 510 of the vehicle and traffic law, as
added by section 5 of subpart A of part WW of chapter 56 of the laws of
2024, is amended to read as follows:
4-h. Suspension of registration for covering license plates with a
license plate cover or material appearing to be a number plate or
obscuring license plates with any material or substance. (a) Upon
receipt of a notification from a court or an administrative tribunal
that an owner of a motor vehicle has been convicted three or more times
within a period of five years of a violation of subparagraph (ii),
(ii-a) or (iii) of paragraph (b) of subdivision one of section four
hundred two of this chapter not arising out of the same incident, the
commissioner or the commissioner's agent may suspend the registration of
the motor vehicle involved in such violation [for a period of ninety
days] UNTIL A TOLLING AUTHORITY DESCRIBED IN SECTION TWENTY-NINE HUNDRED
EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW ADVISES, IN SUCH FORM AND
MANNER AS THE COMMISSIONER SHALL PRESCRIBE, THAT IMPOSITIONS OF LIABIL-
ITY PROVIDED PURSUANT TO SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THE
PUBLIC AUTHORITIES LAW HAVE BEEN ANSWERED AND THAT ANY TOLLS, FEES, OR
OTHER CHARGES ASSOCIATED WITH THE VEHICLE AND SUCH VEHICLE'S VEHICLE
IDENTIFICATION NUMBER HAVE BEEN PAID TO SUCH TOLLING AUTHORITY. The
commissioner may, in the commissioner's discretion, deny a registration
or, REREGISTRATION, renewal [application to any other person for the
same vehicle and may deny a registration or renewal application],
REPLACEMENT, OR TRANSFER OF REGISTRATION for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this paragraph and where the commissioner has reasonable grounds to
believe that such registration, REREGISTRATION, [or] renewal, REPLACE-
MENT, OR TRANSFER OF THE REGISTRATION will have the effect of defeating
the purposes of this paragraph. [Such denial shall remain in effect only
as long as the suspension entered pursuant of this paragraph remains in
effect.]
(b) Upon receipt of notification from a court or an administrative
tribunal that an owner of a motor vehicle has failed to comply with
paragraph (b) or (c) of subdivision eight of section four hundred two of
this chapter, the commissioner or the commissioner's agent may suspend
the registration of the motor vehicle involved in such violation and
such suspension shall remain in effect until such time as the commis-
sioner is advised that such owner has complied with such paragraphs, as
applicable. The commissioner may, in the commissioner's discretion, deny
a registration, REREGISTRATION, REPLACEMENT, REGISTRATION TRANSFER or
renewal application to any other person for the same vehicle and may
deny a registration, REREGISTRATION, REPLACEMENT, REGISTRATION TRANSFER
or renewal application for any other motor vehicle registered in the
name of the applicant where the commissioner has determined that such
registrant's intent has been to evade the purposes of this paragraph and
where the commissioner has reasonable grounds to believe that such
registration or renewal will have the effect of defeating the purposes
of this paragraph. Such denial shall remain in effect only as long as
the suspension entered pursuant to this paragraph remains in effect.
§ 3. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph d to read as follows:
S. 7905--A 3
D. (I) NO PERSON OTHER THAN A BONA FIDE TRANSFEREE OF THE VEHICLE IN
AN ARMS-LENGTH TRANSACTION MAY REGISTER, REREGISTER, RENEW, REPLACE, OR
TRANSFER THE REGISTRATION OF, CHANGE THE NAME, ADDRESS, OR OTHER INFOR-
MATION OF THE REGISTERED OWNER ASSOCIATED WITH, OR CHANGE THE REGISTRA-
TION CLASSIFICATION OF, ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER
IS ASSOCIATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR
IS SUBJECT TO A PENDING REQUEST FROM A TOLLING AUTHORITY DESCRIBED IN
SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW TO
SUSPEND SUCH REGISTRATION, BY THE COMMISSIONER PURSUANT TO PARAGRAPH D
OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER IF SUCH
VEHICLE COULD ALSO HAVE BEEN SUSPENDED BY THE COMMISSIONER PURSUANT TO
SUBDIVISION FOUR-H OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
PROVIDED, HOWEVER, THAT THE PROHIBITION AUTHORIZED PURSUANT TO THIS
PARAGRAPH SHALL NOT REMAIN IN PLACE AFTER A TOLL AUTHORITY ADVISES THE
COMMISSIONER THAT THE CIRCUMSTANCES THAT LED TO SUCH REQUEST HAVE BEEN
SATISFIED IN SUCH FORM AND MANNER AS THE COMMISSIONER SHALL PRESCRIBE.
(II) FOR PURPOSES OF THIS PARAGRAPH, A BONA FIDE PURCHASER IN AN ARMS-
LENGTH TRANSACTION SHALL MEAN A VEHICLE REGISTRATION APPLICANT WHO
PROVIDES A COPY OF THE SIGNED BILL OF SALE OR OTHER SUCH CONTRACT DOCU-
MENT COVERING SUCH VEHICLE TO THE COMMISSIONER OR THE COMMISSIONER'S
AGENT, WITH THE NAMES AND ADDRESSES OF THE SELLER AND PURCHASER, THE
PURCHASE DATE, AND THE PURCHASE PRICE CLEARLY LEGIBLE.
§ 4. Subdivision 2 of section 402-b of the vehicle and traffic law, as
added by section 4 of subpart A of part WW of chapter 56 of the laws of
2024, is amended to read as follows:
2. (A) If the vehicle is being driven or operated in violation of
subparagraph (ii), (ii-a) or (iii) of paragraph (b) of subdivision one
of section four hundred two of this article, such officer shall issue a
summons, provided, however, that a summons shall not be issued if, in
the discretion and at the request of such officer, the defect is
corrected in the presence of such officer. The refusal of a police offi-
cer to permit the repair of any defect in their presence shall not be
reviewable, and shall not be a defense to any violation charged in a
summons issued pursuant to the provisions of this section. PROVIDED,
HOWEVER, THAT UPON MAKING AN ARREST OR UPON ISSUING A SUMMONS OR AN
APPEARANCE TICKET FOR A VIOLATION OF SUBPARAGRAPH (II), (II-A) OR (III)
OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS
ARTICLE COMMITTED IN THEIR PRESENCE, WHERE THE OWNER HAS BEEN CONVICTED
OF A VIOLATION OF SUBPARAGRAPH (II), (II-A) OR (III) OF PARAGRAPH (B) OF
SUCH SUBDIVISION THREE OR MORE TIMES WITHIN A FIVE-YEAR PERIOD, A POLICE
OFFICER MAY ARRANGE FOR THE REMOVAL OF ANY COVERING OR COATING WITH ANY
ARTIFICIAL OR SYNTHETIC MATERIAL OR SUBSTANCE AFFIXED OVER THE NUMBER
PLATES WHICH CONCEALS OR OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER
PLATES OR THAT DISTORTS OR OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE.
(B) FOR PURPOSES OF THIS SECTION:
(I) THE TERM "OWNER" SHALL MEAN AN OWNER AS DEFINED IN SECTION ONE
HUNDRED TWENTY-EIGHT AND IN SUBDIVISION THREE OF SECTION THREE HUNDRED
EIGHTY-EIGHT OF THIS CHAPTER.
(II) THE TERM "TERMINATION OF THE PROCEEDING" SHALL MEAN THE EARLIEST
OF (1) THIRTY-ONE DAYS FOLLOWING THE IMPOSITION OF SENTENCE; OR (2) THE
DATE OF ACQUITTAL OF A PERSON ARRESTED FOR AN OFFENSE OR DATE OF
DISMISSAL OF A COMPLAINT; OR (3) WHERE LEAVE TO FILE NEW CHARGES OR TO
RESUBMIT THE CASE IS REQUIRED AND HAS NOT BEEN GRANTED, THIRTY-ONE DAYS
FOLLOWING THE DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED IN THE
CASE, OR, IF APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE
COURT OR TRIBUNAL OR PERMITTED BY STATUTE FOR FILING NEW CHARGES OR
S. 7905--A 4
RESUBMITTING THE CASE; OR (4) WHERE LEAVE TO FILE NEW CHARGES OR TO
RESUBMIT THE CASE IS NOT REQUIRED, THIRTY-ONE DAYS FOLLOWING THE
DISMISSAL OF THE LAST ACCUSATORY INSTRUMENT FILED IN THE CASE, OR, IF
APPLICABLE, UPON EXPIRATION OF THE TIME GRANTED BY THE COURT OR PERMIT-
TED BY STATUTE FOR FILING NEW CHARGES OR RESUBMITTING THE CASE; OR (5)
THE DATE WHEN, PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT AGAINST A
PERSON CHARGED WITH A VIOLATION OF SUBPARAGRAPH (II), (II-A) OR (III) OF
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS
ARTICLE, THE PROSECUTING AUTHORITY ELECTS NOT TO PROSECUTE SUCH PERSON.
(III) ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERI-
AL OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR
OBSCURES THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS
OR OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE WHICH HAS BEEN OR IS BEING
USED IN VIOLATION OF SUBPARAGRAPH (II), (II-A) OR (III) OF SUBDIVISION
ONE OF SECTION FOUR HUNDRED TWO OF THIS ARTICLE MAY BE SEIZED BY ANY
PEACE OFFICER, ACTING PURSUANT TO THEIR SPECIAL DUTIES, OR POLICE OFFI-
CER, AND FORFEITED AS HEREINAFTER PROVIDED IN THIS SECTION.
(IV) ANY COVERING OR COATING WITH ANY ARTIFICIAL OR SYNTHETIC MATERIAL
OR SUBSTANCE AFFIXED OVER THE NUMBER PLATES WHICH CONCEALS OR OBSCURES
THE ABILITY TO EASILY READ SUCH NUMBER PLATES OR THAT DISTORTS OR
OBSTRUCTS A RECORDED OR PHOTOGRAPHIC IMAGE MAY BE SEIZED UPON SERVICE OF
A NOTICE OF VIOLATION UPON THE OWNER OR OPERATOR OF A VEHICLE. THE
SEIZED COVERING OR COATING SHALL BE DELIVERED BY THE OFFICER HAVING MADE
THE SEIZURE TO THE CUSTODY OF THE DISTRICT ATTORNEY OF THE COUNTY WHERE-
IN THE SEIZURE WAS MADE, EXCEPT THAT IN THE CITIES OF NEW YORK, YONKERS,
ROCHESTER AND BUFFALO THE SEIZED COVERING OR COATING SHALL BE DELIVERED
TO THE CUSTODY OF THE POLICE DEPARTMENT OF SUCH CITIES AND SUCH COVERING
OR COATING SEIZED BY A MEMBER OR MEMBERS OF THE STATE POLICE SHALL BE
DELIVERED TO THE CUSTODY OF THE SUPERINTENDENT OF STATE POLICE, TOGETHER
WITH A REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE. WITHIN
ONE BUSINESS DAY AFTER THE SEIZURE, NOTICE OF SUCH VIOLATION AND A COPY
OF THE NOTICE OF VIOLATION SHALL BE MAILED TO THE OWNER OF THE MOTOR
VEHICLE ON WHICH THE COVERING OR COATING WAS AFFIXED AT THE ADDRESS FOR
SUCH OWNER SET FORTH IN THE RECORDS MAINTAINED BY THE DEPARTMENT OR, FOR
VEHICLES NOT REGISTERED IN NEW YORK STATE, SUCH EQUIVALENT RECORD IN
SUCH STATE OF REGISTRATION.
(V) (1) THE ATTORNEY GENERAL, IN SEIZURES BY MEMBERS OF THE STATE
POLICE, OR THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE SEIZURE IS
MADE IF ELSEWHERE THAN IN THE CITIES OF NEW YORK, YONKERS, ROCHESTER OR
BUFFALO, OR WHERE THE SEIZURE IS MADE IN SUCH CITIES THE CORPORATION
COUNSEL OF THE CITY, SHALL INQUIRE INTO THE FACTS OF THE SEIZURE SO
REPORTED TO THEM. IF IT APPEARS THAT THERE IS A BASIS FOR THE COMMENCE-
MENT AND PROSECUTION OF A CRIME OR TRAFFIC INFRACTION PURSUANT TO THIS
SECTION, THE COVERING OR COATING WHICH IS THE SUBJECT OF SUCH
PROCEEDINGS SHALL REMAIN IN THE CUSTODY OF SUCH DISTRICT ATTORNEY,
POLICE DEPARTMENT OR SUPERINTENDENT OF STATE POLICE, AS APPLICABLE,
PENDING THE FINAL DETERMINATION OF SUCH PROCEEDINGS. (2) TO THE EXTENT
APPLICABLE, THE PROCEDURES OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE
LAW AND RULES SHALL GOVERN PROCEEDINGS AND ACTIONS UNDER THIS SECTION.
(3) PROVIDED FURTHER THAT REGULATIONS ARE AUTHORIZED TO BE PROMULGATED
TO THE EXTENT NECESSARY TO IMPLEMENT THIS SECTION.
(VI) NOTICE OF THE SEIZURE OF THE COVERING OR COATING SHALL BE SERVED
BY PERSONAL SERVICE PURSUANT TO THE CIVIL PRACTICE LAW AND RULES UPON
ALL OWNERS OF THE SEIZED MOTOR VEHICLE LISTED IN THE RECORDS MAINTAINED
BY THE DEPARTMENT, OR FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, IN
THE RECORDS MAINTAINED BY THE STATE OF REGISTRATION.
S. 7905--A 5
(VII) NO ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL BE
INSTITUTED UNLESS SUCH ACTION IS COMMENCED WITHIN TWO YEARS AFTER THE
TIME WHEN THE COATING OR COVERING WAS SEIZED.
(VIII) THE MUNICIPAL POLICE TRAINING COUNCIL AS ESTABLISHED PURSUANT
TO ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW, AND THE SUPERINTENDENT OF
STATE POLICE, MAY DEVELOP, MAINTAIN AND DISSEMINATE, A MODEL LAW
ENFORCEMENT PROPERTY DISPOSAL POLICY SETTING FORTH RECOMMENDED POLICIES
AND PROCEDURES REGARDING DISPOSAL OF COATINGS OR COVERINGS SEIZED PURSU-
ANT TO THIS SECTION.
§ 5. Section 2855 of the public authorities law, as added by section 1
of part KK of chapter 59 of the laws of 2006, is amended to read as
follows:
§ 2855. Electronic method of payment; periodic charges. Notwithstand-
ing the provisions of any law to the contrary, if any authority shall
offer any electronic method of payment for tolls, fares, fees, rentals,
or other charges, including but not limited to a system called E-ZPass,
such authority shall not impose any periodic administrative or other
charge for the privilege of using such electronic method of payment for
such charges. Nothing in this section shall be construed to prohibit any
authority from making any charge for extra services requested by a hold-
er of such electronic method of payment, any charge for lost or damaged
equipment, or for defaults, such as charges for dishonored checks. The
authority shall not enter any agreement with bondholders that would
require the imposition of administrative or other periodic charges
relating to electronic methods of payment prohibited by this section. NO
FEE OR ADMINISTRATIVE CHARGE FOR THE TIMELY OR LATE PAYMENT OF A TOLL
BILL FOR AN OBLIGATION TO PAY A TOLL OR TOLLS VALUED AT TWO HUNDRED
DOLLARS OR LESS SHALL EXCEED THE AUTHORITY'S ACTUAL COST TO IMPOSE THE
CHARGE AND PROCESS PAYMENT OF SUCH OBLIGATION. PROVIDED, FURTHER, ANY
AUTHORITY OFFERING SUCH ELECTRONIC PAYMENT METHODS SHALL PUBLISH THEIR
UPDATED FEE WAIVER POLICY IN A PROMINENT LOCATION ON THEIR WEBSITE.
§ 6. Subdivision 8 of section 2985 of the public authorities law, as
amended by section 6 of subpart A of part WW of chapter 56 of the laws
of 2024, is amended to read as follows:
8. (a) (I) 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 authori-
ty or pursuant to the rules and regulations of such administrative
tribunal as the case may be.
(II) THE OWNER OF THE VEHICLE OR OTHER INDIVIDUAL UPON WHOM LIABILITY
IS IMPOSED MAY DESIGNATE AN AGENT IN WRITING, INCLUDING AN ATTORNEY OR
ELECTED OFFICIAL, TO DISPUTE OR RESOLVE A TOLL INCURRED PURSUANT TO THIS
SECTION OR SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE-A OF THIS TITLE WITH
THE RELEVANT TOLLING AUTHORITY'S CUSTOMER SERVICE CENTER AND/OR TOLL
PAYER ADVOCATE OFFICE IDENTIFIED IN SECTION TWENTY-NINE HUNDRED EIGHTY-
FIVE-A OF THIS TITLE.
(b) Upon exhaustion of remedies pursuant to this section or section
twenty-nine hundred eighty-five-a of this title, as applicable, the New
York state bridge authority, thruway authority, triborough bridge and
tunnel authority, metropolitan transportation authority, and port
S. 7905--A 6
authority of New York and New Jersey, a bi-state agency created by
compact set forth in chapter one hundred fifty-four of the laws of nine-
teen hundred twenty-one, shall have the power to enter judgments for
unpaid liabilities, provided that such unpaid liabilities include the
failure to pay tolls, fees, or other charges or the failure to have such
tolls, fees or other charges dismissed or transferred in response to
three or more notices of violation issued within a five year period
charging the registrant of a motor vehicle with a violation of toll
collection regulations, and to enforce such judgments, WHICH SHALL
INCLUDE VEHICLE IMMOBILIZATION FOR FAILURE TO HAVE SUCH TOLLS, FEES OR
OTHER CHARGES DISMISSED OR TRANSFERRED IN RESPONSE TO TWENTY OR MORE
NOTICES OF VIOLATION ISSUED WITHIN A THREE-YEAR PERIOD CHARGING THE
REGISTRANT OF A MOTOR VEHICLE WITH A VIOLATION OF TOLL COLLECTION REGU-
LATIONS, without court proceedings, in the same manner as the enforce-
ment of money judgments in civil actions in any court of competent
jurisdiction or any other place provided for the entry of civil judgment
within the state of New York, after a period of notice pursuant to para-
graph (c) of this subdivision. The applicable tolling authority shall
not enforce such judgments until thirty days have elapsed from issuing a
notice pursuant to paragraph (c) of this subdivision. THE APPLICABLE
TOLLING AUTHORITY SHALL NOT HAVE THE POWER TO ENTER OR ENFORCE JUDGMENTS
FOR UNPAID LIABILITIES FOR FAILURE TO PAY TWO HUNDRED DOLLARS OR LESS IN
TOLLS INCURRED WITHIN A FIVE-YEAR PERIOD.
(c) Prior to entering judgments for unpaid liabilities pursuant to
paragraph (b) of this subdivision, the applicable tolling authority
shall notify the person subject to such judgment, by first class mail,
that such person is at risk of entry of a judgment against them if they
fail to pay such unpaid liabilities. The form and content of such notice
shall be prescribed by the applicable tolling authority, and shall
contain a warning to advise the person that failure to pay the applica-
ble unpaid liabilities within a period of not less than thirty days of
such notice will result in the enforcement of a judgment against them,
and shall further contain information about the process to dispute such
liabilities, consistent with this section or section twenty-nine hundred
eighty-five-a of this title, as applicable. ANY PERSON, FIRM, CORPO-
RATION, OR OTHER ENTITY CHARGED WITH A TOLL VIOLATION MAY PAY SUCH TOLLS
IN FULL AND HAVE ANY TOLL VIOLATION FEES RELATED TO SUCH PAID TOLLS
WAIVED FOR A PERIOD OF SIX MONTHS FOLLOWING THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX WHICH AMENDED THIS PARA-
GRAPH.
(D) WITH RESPECT TO AN OBLIGATION TO PAY A TOLL OR TOLLS VALUED AT ONE
HUNDRED DOLLARS OR LESS, ANY TOLL VIOLATION FEE CHARGED TO ANY PERSON,
FIRM, CORPORATION, OR OTHER ENTITY FOR THE USE OF A TOLL HIGHWAY, BRIDGE
OR TUNNEL FACILITY OPERATED BY A PUBLIC AUTHORITY SHALL NOT EXCEED TWICE
THE AMOUNT OF THE TOLL CHARGED FOR USING SUCH HIGHWAY, BRIDGE OR TUNNEL
FOR A PERIOD OF NINETY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS PARA-
GRAPH, AND SHALL NOT EXCEED THREE TIMES THE AMOUNT OF THE TOLL CHARGED
FOR USING SUCH HIGHWAY, BRIDGE OR TUNNEL FOR AN ADDITIONAL NINETY-DAY
PERIOD FOLLOWING THE INITIAL NINETY-DAY PERIOD.
§ 7. Subdivisions 3, 4, 11 and 13 of section 2985-a of the public
authorities law, as added by section 2 of subpart B of part WW of chap-
ter 56 of the laws of 2024, are amended to read as follows:
3. In the case of an owner who incurs an obligation to pay a toll for
the first time in six months under the tolls by mail program at a cash-
less tolling facility, a toll bill shall be sent within ten business
days after the end of the initial billing cycle and of each subsequent
S. 7905--A 7
billing cycle. In the case of all other owners incurring an obligation
to pay a toll at a cashless tolling facility, a toll bill shall be sent
at the end of the next billing cycle. Toll bills shall be sent to the
owner by first class mail, and may additionally be sent by electronic
means of communication upon the affirmative consent of the owner, by or
on behalf of the public authority which operates such cashless tolling
facility. The owner shall have thirty days from the date of the toll
bill to pay the incurred toll. The toll bill shall include: (i) the
total amount of the incurred tolls due, (ii) the date by which payment
of the incurred tolls is due, (iii) any administrative fees, (iv) the
address for receipt of payment and methods of payment for the toll, (v)
the procedure for contesting any toll and the contact information for
the relevant toll payer advocate office and customer service center AND
PROCEDURE FOR DESIGNATING AN AGENT TO CONTEST ANY TOLL ON THE OWNER'S
BEHALF, (vi) information related to the failure to timely pay or respond
to the notice of liability, in addition to the possibility that a judg-
ment can be entered for repeat unpaid liabilities that could lead to a
vehicle being towed or immobilized, (vii) a website address or hyperlink
for the owner to access time-stamped photographs or footage of each toll
incurred by electronic means, (viii) information related to the avail-
ability of the toll payer advocate to discuss payment options, and (ix)
other information required by law or by the public authority. Each toll
bill shall identify the date, time, location, license plate number, and
jurisdiction of the license plate for each toll that has been incurred.
Each toll bill shall include an image of the license plate of the vehi-
cle being used or operated on the toll facility. If the owner fails to
pay the initial toll bill, a second toll bill shall be sent in the next
billing cycle, which shall also indicate the overdue toll or tolls and
any administrative or late fees due.
4. In the case of an owner who does not pay a toll incurred under the
tolls by mail program on a cashless facility at the place and time and
in the manner established for collection of such toll in the second toll
bill, a notice of violation shall be sent notifying the owner that the
toll is unpaid and administrative violation fees are being imposed. The
notice of violation shall be sent to the owner by first class mail, and
may additionally be sent by electronic means of communication upon the
affirmative consent of the owner, by or on behalf of the public authori-
ty which operates such cashless tolling facility. The notice of
violation shall include: (i) the total amount of unpaid tolls and admin-
istrative violation fees due, (ii) the date by which payment of the
tolls and administrative violation fees is due, (iii) the address for
receipt of payment and methods of payment for the toll, (iv) the proce-
dure for contesting any toll and the contact information for the rele-
vant toll payer advocate office and customer service center AND PROCE-
DURE FOR DESIGNATING AN AGENT TO CONTEST ANY TOLL ON THE OWNER'S BEHALF,
(v) information related to the failure to timely pay or respond to the
notice of liability, in addition to the possibility that a judgment can
be entered for repeat unpaid liabilities that could lead to a vehicle
being towed or immobilized, (vi) a website address or hyperlink for the
owner to access time-stamped photographs or footage of each toll
incurred by electronic means, (vii) information related to the avail-
ability of the toll payer advocate to discuss payment options, and
(viii) other information required by law or by the public authority.
Each notice of violation shall identify the date, time, location,
license plate number, and jurisdiction of the license plate for each
unpaid toll that has been incurred.
S. 7905--A 8
11. Any public authority that operates a cashless tolling facility
shall: (i) maintain a website and toll-free phone number for any person
to receive updated information on any tolls or fees which are outstand-
ing; and (ii) establish procedures for owners to dispute any tolls and
violation fees incurred in connection with toll bills, including a
requirement that written determinations in such disputes shall be issued
within forty-five days of receipt of the owner's declaration of dispute.
Such information shall be prominently displayed on such public authori-
ty's toll bills, notices of violation and website. THE AUTHORITY SHALL
PUBLISH ITS FEE WAIVER POLICY IN A PROMINENT LOCATION ON ITS WEBSITE,
INCLUDING ANY UPDATES TO SUCH POLICY.
13. Every public authority that operates a cashless tolling facility
shall establish an office of such authority's toll payer advocate,
designed to further assist owners who remain unsatisfied after first
attempting resolution in writing of their concern with, and receiving
written determination from, such authority's customer service center.
The office of the toll payer advocate shall also endeavor to identify
any systemic issues and recommend reasonable improvements regarding the
use of and process involved with the payment of tolls under the tolls by
mail program at cashless tolling facilities to the public authority.
THE OWNER OF THE VEHICLE OR OTHER INDIVIDUAL UPON WHOM LIABILITY IS
IMPOSED MAY DESIGNATE AN AGENT, IN WRITING, INCLUDING AN ATTORNEY OR
ELECTED OFFICIAL, TO DISPUTE OR RESOLVE A TOLL INCURRED PURSUANT TO THIS
SECTION OR SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE WITH
THE RELEVANT TOLLING AUTHORITY'S CUSTOMER SERVICE CENTER AND TOLL PAYER
ADVOCATE OFFICE.
§ 8. No later than 270 days after the effective date of this act,
every public authority that operates a cashless tolling facility pursu-
ant to article 9 of the public authorities law or central business
district tolling program pursuant to article 44-C of the vehicle and
traffic law shall report to the governor, temporary president of the
senate, speaker of the assembly, and chairs of the corporations and
public authorities committees in the senate and assembly on the follow-
ing: (1) the total number of toll bills issued involving license plates
which were disputed by the owner as not having used such tolling asset
or been present at the time the toll was incurred or having lawfully
surrendered the license plates to which the toll bill was issued; (2)
the total number of toll bills issued to owners where a tolling system
incorrectly billed an owner for tolls incurred by a distinctive license
plate or government use motor vehicle; (3) a summary of how such toll
bill disputes were resolved; (4) an explanation of steps taken to
prevent similar future issues; and (5) any remedial steps or compen-
sation provided to owners.
§ 9. This act shall take effect immediately. With respect to the Port
Authority of New York and New Jersey, this act shall take effect upon
the enactment into law by the state of New Jersey of legislation having
an identical effect with such act upon the Port Authority of New York
and New Jersey; but if the state of New Jersey shall have already
enacted such legislation, this act shall take effect immediately;
provided, that the chair of the port authority shall notify the legisla-
tive bill drafting commission upon the occurrence of the enactment of
the legislation provided for in section seven of this act in order that
the commission may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.
