STATE OF NEW YORK ________________________________________________________________________ 7082 2025-2026 Regular Sessions IN ASSEMBLY March 20, 2025 ___________ Introduced by M. of A. TORRES -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to enacting the "toll payer protection act"; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "toll payer protection act". 3 § 2. Subdivisions 3, 4 and 5 of section 2985 of the public authorities 4 law, as added by chapter 379 of the laws of 1992, are amended to read as 5 follows: 6 3. For purposes of this section, the [term] following terms shall have 7 the following meanings: 8 (a) "owner" shall mean any person, corporation, partnership, firm, 9 agency, association, lessor or organization who, [at the time of the 10 violation and] with respect to the vehicle identified in the notice of 11 liability: [(a)] (i) is the beneficial or equitable owner of such vehi- 12 cle; or [(b)] (ii) has title to such vehicle; or [(c)] (iii) is the 13 registrant or co-registrant of such vehicle which is registered with the 14 department of motor vehicles of this state or any other state, territo- 15 ry, district, province, nation or other jurisdiction; or [(d)] (iv) 16 subject to the limitations set forth in subdivision [ten] nine of this 17 section, uses such vehicle in its vehicle renting and/or leasing busi- 18 ness; and (v) includes [(e)] a person entitled to the use and possession 19 of a vehicle subject to a security interest in another person. [For 20 purposes of this section, the term] 21 (b) "photo-monitoring system" shall mean a vehicle sensor installed to 22 work in conjunction with a toll collection facility which automatically 23 produces one or more photographs, one or more microphotographs, a vide- 24 otape or other recorded images of each vehicle [at the time it is used EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04883-01-5
A. 7082 2 1 or operated in violation of toll collection regulations]. [For purposes 2 of this section, the term] 3 (c) "toll collection regulations" shall mean: those rules and regu- 4 lations of a public authority providing for and requiring the payment of 5 tolls and/or charges prescribed by such public authority for the use of 6 bridges, tunnels or highways under its jurisdiction or those rules and 7 regulations of a public authority making it unlawful to refuse to pay or 8 to evade or to attempt to evade the payment of all or part of any toll 9 and/or charge for the use of bridges, tunnels or highways under the 10 jurisdiction of such public authority. [For purposes of this section, 11 the term] 12 (d) "vehicle" shall mean every device in, upon or by which a person or 13 property is or may be transported or drawn upon a highway, except 14 devices used exclusively upon stationary rails or tracks. 15 (e) "violation" shall mean the failure of an owner to pay an assessed 16 toll associated with the third notice of liability pursuant to subdivi- 17 sion five of this section. 18 4. A certificate, sworn to or affirmed by an agent of the public 19 authority which charged that [the violation occurred] a liability for an 20 obligation to pay a toll has incurred, or a facsimile thereof, based 21 upon inspection of photographs, microphotographs, videotape or other 22 recorded images produced by a photo-monitoring system shall be prima 23 facie evidence of the facts contained therein and shall be admissible in 24 any proceeding charging a [violation of toll collection regulations] 25 liability for a toll, provided that any photographs, microphotographs, 26 videotape or other recorded images evidencing such [a violation] liabil- 27 ity for a toll shall be available for inspection and admission into 28 evidence in any proceeding to adjudicate the liability for such 29 [violation] toll. 30 4-a. In adopting procedures for the preparation and mailing of a 31 notice of liability pursuant to subdivision five of this section, the 32 public authority having jurisdiction over the toll facility shall adopt 33 guidelines to ensure adequate and timely notice to all electronic toll 34 collection system account holders to inform them when their accounts are 35 delinquent. 36 5. (a) The public authority shall, within thirty days of an owner 37 incurring an obligation to pay a toll, send a first notice of liability 38 by first-class mail to such owner. Such first notice of liability shall 39 include: (i) the date, time, location, license plate number and vehicle 40 registration for each toll incurred; (ii) the identification number of 41 the photo-monitoring system which recorded the imposition of the toll or 42 other document locator number; (iii) the total amount of the toll due; 43 (iv) the date by which the toll must be paid; (v) the address for 44 receipt of payment and methods of payment for the toll; (vi) the 45 procedure for contesting any toll; (vii) information related to the 46 failure to timely pay or respond to the notice of liability; (viii) the 47 time-stamped photographs or footage of each toll incurred; and (ix) any 48 other information required by law or by the authority. The owner shall 49 have thirty days from the date such first notice of liability was sent 50 to pay the assessed toll or appeal such liability. 51 (b) If an owner fails to pay the assessed toll associated with the 52 first notice of liability within thirty days of incurring an obligation 53 to pay a toll, the public authority shall send a second notice of 54 liability by first-class mail within thirty days of the date the owner 55 was required to respond to such first notice of liability. Such second 56 notice of liability may include a penalty for late payment, which shall
A. 7082 3 1 not exceed five dollars and shall include all of the information 2 required pursuant to paragraph (a) of this subdivision. The owner shall 3 have thirty days from the date such second notice of liability was sent 4 to pay the assessed toll and penalties, or appeal such liability. 5 (c) If an owner fails to pay the assessed toll associated with the 6 second notice of liability within thirty days of the mailing of such 7 second notice of liability established in paragraph (b) of this subdivi- 8 sion, the public authority shall send by first-class mail a third notice 9 of liability within thirty days of the date the owner was required to 10 respond to such second notice of liability. The third notice of liabil- 11 ity may include a penalty which shall be twenty-five dollars or two 12 times the toll evaded, whichever is greater and shall include all of the 13 information required pursuant to paragraph (a) of this subdivision. The 14 owner shall have thirty days from the date such third notice of liabil- 15 ity was sent to pay the assessed toll and penalties, or appeal such 16 liability. 17 (d) If the public authority fails to send any notice of liability 18 within the timeframes set forth in this subdivision, the owner shall not 19 be liable for payment of the tolls, or any penalty established or asso- 20 ciated with such notice of liability. 21 (e) Any first notice of liability required by paragraph (a) of this 22 subdivision to be sent by first-class mail may instead be sent by elec- 23 tronic means of communication upon the affirmative consent of the owner 24 in a form prescribed by the authority. Any affirmative consent to 25 receive a first notice of liability by electronic means shall be revoca- 26 ble by the owner at any time with notice to the public authority and 27 shall automatically be deemed revoked if the authority is unable to 28 deliver two consecutive notices by electronic means of communication. 29 Any such affirmative consent shall be a separate consent and separate 30 signature. 31 5-a. An owner found liable for a violation [of toll collection regu- 32 lations pursuant to this section], as defined in subdivision three of 33 this section, shall for a first violation thereof be liable for a mone- 34 tary penalty [not to exceed fifty dollars or two times the toll evaded 35 whichever is greater] in accordance with subdivision five of this 36 section; for a second violation thereof both within eighteen months be 37 liable for a monetary penalty not to exceed [one hundred] fifty dollars 38 or five times the toll evaded whichever is greater; for a third or 39 subsequent violation thereof all within eighteen months be liable for a 40 monetary penalty not to exceed one hundred [fifty] dollars or ten times 41 the toll evaded whichever is greater. 42 § 3. Subdivisions 7, 8, 9, 10 and 11 of section 2985 of the public 43 authorities law are REPEALED and four new subdivisions 7, 8, 9 and 10 44 are added to read as follows: 45 7. Every public authority that operates a cashless tolling facility, 46 tolls by mail program, or any photo-monitoring system shall promulgate 47 rules and regulations establishing a procedure by which a person alleged 48 to be liable for the payment of a toll or a violation may appeal such 49 alleged liability or violation. Such rules and regulations shall ensure 50 such public authority completes its investigation and issues, within 51 thirty days, to the owner a final written determination of any appeal 52 pursuant to this section. Such written determination shall include the 53 relevant facts established, the reasons for the determination, what 54 actions must be taken by the owner in association with the determi- 55 nation, and what further procedures are available to the owner.
A. 7082 4 1 8. Adjudication of an owner's liability shall be by the entity having 2 jurisdiction over the cashless tolling facility or, where authorized, by 3 an administrative tribunal and all such liability determinations shall 4 be heard and determined either: (a) in the county in which the obli- 5 gation to pay a toll through the cashless tolling program was alleged to 6 occur; or (b) where the toll is alleged to have been incurred in the 7 city of New York and upon the consent of both parties, in any county 8 within the city of New York in which the public authority operates or 9 maintains a cashless tolling facility. Such adjudications shall be heard 10 and determined in the same manner as charges of other regulatory 11 violations of such public authority or pursuant to the rules and regu- 12 lations of such administrative tribunal as the case may be. 13 9. It shall be a valid defense to an allegation of liability for a 14 toll and/or violation that: 15 (a) the vehicle was not used or operated in incurring a toll pursuant 16 to this section or the regulations promulgated hereunder; 17 (b) the vehicle was used or operated without the permission of the 18 owner, express or implied; 19 (c) the recipient of a notice of liability, pursuant to subdivision 20 five of this section, was not the owner of the vehicle at the time the 21 obligation to pay the toll occurred; 22 (d) the vehicle had been stolen prior to the time the obligation was 23 incurred and was not in the possession of the owner at the time the 24 obligation was incurred. For the purposes of asserting this defense, it 25 shall be sufficient that a certified copy of the police report on the 26 stolen vehicle is submitted to the public authority, court or other 27 entity having jurisdiction; and 28 (e) the vehicle had been leased at the time the obligation was 29 incurred. For the purpose of asserting this defense, it shall be suffi- 30 cient that a copy of the rental lease or other contract document cover- 31 ing the vehicle on the date and time the toll was incurred has been 32 submitted to the public authority, court or other entity having juris- 33 diction within sixty days of the lessor receiving the first notice of 34 liability pursuant to subdivision five of this section. Such document 35 shall include the name and address of the lessee. Failure to timely 36 submit such information shall constitute a waiver of this defense. Where 37 the lessor complies with the provisions of this section, the lessee 38 shall be deemed to be the owner of the vehicle for purposes of this 39 section and shall be subject to liability pursuant to this section, 40 provided that the authority mails a toll bill to the lessee within ten 41 days after the public authority, court or other entity having jurisdic- 42 tion, deems the lessee to be the owner. 43 10. If the owner liable for a toll or violation pursuant to this 44 section was not the operator of the vehicle at the time the toll was 45 incurred, such owner may maintain an action for indemnification against 46 the operator. 47 § 4. Subdivision 12 of section 2985 of the public authorities law is 48 REPEALED and subdivisions 13 and 14 are renumbered subdivisions 11 and 49 12. 50 § 5. Subdivision 12 of section 2985 of the public authorities law, as 51 added by chapter 379 of the laws of 1992 and as renumbered by section 52 four of this act, is amended to read as follows: 53 12. Notwithstanding any other provision of law, all photographs, 54 microphotographs, videotape or other recorded images prepared pursuant 55 to this section shall be for the exclusive use of a public authority in 56 the discharge of its duties under this section and shall not be open to
A. 7082 5 1 the public nor be used in any court in any action or proceeding pending 2 therein unless such action or proceeding relates to the imposition of or 3 indemnification for liability pursuant to this section. The public 4 authority, including any subsidiary or contractor involved in implement- 5 ing or operating any cashless tolling facility, photo-monitoring system, 6 electronic toll collection system or toll by mail program, shall not 7 sell, distribute or make available in any way, the names and addresses 8 of electronic toll collection system account holders, or any owner that 9 participates in, or is subject to, such systems or programs, without 10 such account holders' or owners' consent to any entity that will use 11 such information for any commercial purpose provided that the foregoing 12 restriction shall not be deemed to preclude the exchange of such infor- 13 mation between any entities with jurisdiction over [and] such system or 14 programs or [operating] the operation of a toll highway bridge and/or 15 tunnel facility. 16 § 6. Section 2985 of the public authorities law is amended by adding 17 three new subdivisions 13, 14 and 15 to read as follows: 18 13. (a) On or after the effective date of this subdivision, no public 19 authority which operates a cashless tolling facility, photo-monitoring 20 system, electronic toll collection system or tolls by mail program shall 21 sell or transfer any debt owed to the public authority by an owner for 22 incurring a toll to a debt collection agency unless one year has passed 23 from the date the public authority sent the first notice of liability, 24 pursuant to subdivision five of this section, to the owner or the owner 25 has a total debt owed to the public authority of one thousand dollars or 26 more. The public authority shall not sell or transfer any debt to a debt 27 collection agency unless such public authority has first obtained a 28 default judgment in a court or administrative tribunal with jurisdiction 29 over the assessed toll. 30 (b) A notice shall be sent by first-class mail advising the owner that 31 the debt described in paragraph (a) of this subdivision shall be sold or 32 transferred by the authority to a debt collection agency on a specified 33 date no less than thirty days prior to such sale or transfer. 34 14. Every public authority that operates any cashless tolling facili- 35 ty, photo-monitoring system, electronic toll collection system or tolls 36 by mail program shall promulgate rules and regulations that establish 37 the ability for owners to enter into installment payment plans for the 38 payment of any toll and/or penalty incurred as part of any cashless 39 tolling facility, photo-monitoring system, electronic toll collection 40 system or tolls by mail program. Information related to such plan shall 41 be included in any notice of liability pursuant to subdivision five of 42 this section and shall be displayed conspicuously on the authority's 43 websites. Each owner, at their election, may participate in such plan. 44 The public authority shall not charge any additional fees or penalties 45 for enrollment in a payment plan. 46 15. Every public authority that operates or maintains any cashless 47 tolling facility, photo-monitoring system, electronic toll collection 48 system or tolls by mail program shall submit an annual report on such 49 system or program to the governor, the temporary president of the senate 50 and the speaker of the assembly and post such report on its website on 51 or before January second each year. Such report shall include, but not 52 be limited to, the following information relating to the immediately 53 preceding calendar year: 54 (a) the locations where vehicle sensors for photo-monitoring systems 55 were used;
A. 7082 6 1 (b) the aggregate number of tolls paid at the locations where cashless 2 tolling facilities were used, including both through the use of an elec- 3 tronic toll collection system and through the tolls by mail program; 4 (c) the number of owners that paid their toll through the tolls by 5 mail program; 6 (d) the number of owners that paid their toll upon receipt of the 7 first notice of liability pursuant to subdivision five of this section, 8 the number of owners that paid their toll upon receipt of the second 9 notice of liability pursuant to subdivision five of this section, the 10 number of owners that paid their toll upon receipt of the third notice 11 of liability pursuant to subdivision five of this section, and the 12 number of owners whose notices were returned to the public authority as 13 undeliverable; 14 (e) the number of owners that were charged fees or penalties pursuant 15 to this section, and the aggregate amount of fees or penalties, includ- 16 ing fees or penalties for late payments, and fees or penalties collected 17 by the authority broken down by the category of such fees or penalties; 18 (f) the number of owners that disputed a notice pursuant to this 19 section, including a breakdown of the number of owners that successfully 20 disputed such notice and an itemized breakdown of the reasons for 21 successfully disputed tolls; 22 (g) a copy of all rules and regulations the public authority has 23 promulgated pursuant to this section; 24 (h) the number of tolls adjudicated by every public authority and 25 court, including any appeal of such adjudications, and the results of 26 all adjudications including breakdowns of dispositions made for tolls 27 recorded by such systems; 28 (i) the total amount of revenue realized by such public authority from 29 such adjudications; and 30 (j) expenses incurred by such public authority in connection with any 31 cashless tolling facility, cashless tolling monitoring system, electron- 32 ic toll collection system or tolls by mail program implemented or oper- 33 ated by the public authority. 34 § 7. This act shall take effect immediately.