§ 2985 — Owner liability for failure of operator to comply with toll collection regulations

New York § 2985

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11: Wrongful Death Actions
• Art. 9: General Provisions

Text

§ 2985. Owner liability for failure of operator to comply with toll\ncollection regulations. 1. Notwithstanding any other provision of law,\nevery public authority which operates a toll highway bridge and/or\ntunnel facility is hereby authorized and empowered to impose monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with the toll collection regulations of such public authority\nin accordance with the provisions of this section.\n 2. The owner of a vehicle shall be liable for a civil penalty imposed\npursuant to this section if such vehicle was used or operated with the\npermission of the owner, express or implied, in violation of toll\ncollection regulations, and such violation is evidenced by information\nobtained from a photo-monitoring system, provided, however, that no\nowner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section where the operator of such vehicle has been convicted of a\nviolation of toll collection regulations for the same incident.\n 3. For purposes of this section, the term "owner" shall mean any\nperson, corporation, partnership, firm, agency, association, lessor or\norganization who, at the time of the violation and with respect to the\nvehicle identified in the notice of liability: (a) is the beneficial or\nequitable owner of such vehicle; or (b) has title to such vehicle; or\n(c) is the registrant or co-registrant of such vehicle which is\nregistered with the department of motor vehicles of this state or any\nother state, territory, district, province, nation or other\njurisdiction; or (d) subject to the limitations set forth in subdivision\nten of this section, uses such vehicle in its vehicle renting and/or\nleasing business; and includes (e) a person entitled to the use and\npossession of a vehicle subject to a security interest in another\nperson. For purposes of this section, the term "photo-monitoring system"\nshall mean a vehicle sensor installed to work in conjunction with a toll\ncollection facility which automatically produces one or more\nphotographs, one or more microphotographs, a videotape or other recorded\nimages of each vehicle at the time it is used or operated in violation\nof toll collection regulations. For purposes of this section, the term\n"toll collection regulations" shall mean: those rules and regulations of\na public authority providing for and requiring the payment of tolls\nand/or charges prescribed by such public authority for the use of\nbridges, tunnels or highways under its jurisdiction or those rules and\nregulations of a public authority making it unlawful to refuse to pay or\nto evade or to attempt to evade the payment of all or part of any toll\nand/or charge for the use of bridges, tunnels or highways under the\njurisdiction of such public authority. For purposes of this section, the\nterm "vehicle" shall mean every device in, upon or by which a person or\nproperty is or may be transported or drawn upon a highway, except\ndevices used exclusively upon stationary rails or tracks.\n 4. A certificate, sworn to or affirmed by an agent of the public\nauthority which charged that the violation occurred, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images produced by a photo-monitoring system\nshall be prima facie evidence of the facts contained therein and shall\nbe admissible in any proceeding charging a violation of toll collection\nregulations, provided that any photographs, microphotographs, videotape\nor other recorded images evidencing such a violation shall be available\nfor inspection and admission into evidence in any proceeding to\nadjudicate the liability for such violation.\n 5. An owner found liable for a violation of toll collection\nregulations pursuant to this section shall for a first violation thereof\nbe liable for a monetary penalty not to exceed fifty dollars or two\ntimes the toll evaded whichever is greater; for a second violation\nthereof both within eighteen months be liable for a monetary penalty not\nto exceed one hundred dollars or five times the toll evaded whichever is\ngreater; for a third or subsequent violation thereof all within eighteen\nmonths be liable for a monetary penalty not to exceed one hundred fifty\ndollars or ten times the toll evaded whichever is greater.\n 6. An imposition of liability pursuant to this section shall be based\nupon a preponderance of evidence as submitted. An imposition of\nliability pursuant to this section shall not be deemed a conviction as\nan operator and shall not be made part of the motor vehicle operating\nrecord, furnished pursuant to section three hundred fifty-four of the\nvehicle and traffic law, of the person upon whom such liability is\nimposed nor shall it be used for insurance purposes in the provision of\nmotor vehicle insurance coverage.\n 7. (a) A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of toll\ncollection regulations. Such notice shall be mailed no later than thirty\ndays after the alleged violation. Personal delivery on the owner shall\nnot be required. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the mailing\nof the notice.\n (b) A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of toll\ncollection regulations pursuant to this section, the registration number\nof the vehicle involved in such violation, the location where such\nviolation took place, the date and time of such violation and the\nidentification number of the photo-monitoring system which recorded the\nviolation or other document locator number.\n (c) The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he may contest the\nliability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n (d) The notice of liability shall be prepared and mailed by the public\nauthority having jurisdiction over the toll facility where the violation\nof toll collection regulations occurred.\n 8. (a) Adjudication of the liability imposed upon owners by this\nsection shall be by the entity having jurisdiction over violations of\nthe rules and regulations of the public authority serving the notice of\nliability or where authorized by an administrative tribunal and all\nviolations shall be heard and determined in the county in which the\nviolation is alleged to have occurred, or in New York city and upon the\nconsent of both parties, in any county within New York city in which the\npublic authority operates or maintains a facility, and in the same\nmanner as charges of other regulatory violations of such public\nauthority or pursuant to the rules and regulations of such\nadministrative tribunal as the case may be.\n (b) Upon exhaustion of remedies pursuant to this section or section\ntwenty-nine hundred eighty-five-a of this title, as applicable, the New\nYork state bridge authority, thruway authority, triborough bridge and\ntunnel authority, metropolitan transportation authority, and port\nauthority of New York and New Jersey, a bi-state agency created by\ncompact set forth in chapter one hundred fifty-four of the laws of\nnineteen hundred twenty-one, shall have the power to enter judgments for\nunpaid liabilities, provided that such unpaid liabilities include the\nfailure to pay tolls, fees, or other charges or the failure to have such\ntolls, fees or other charges dismissed or transferred in response to\nthree or more notices of violation issued within a five year period\ncharging the registrant of a motor vehicle with a violation of toll\ncollection regulations, and to enforce such judgments, without court\nproceedings, in the same manner as the enforcement of money judgments in\ncivil actions in any court of competent jurisdiction or any other place\nprovided for the entry of civil judgment within the state of New York,\nafter a period of notice pursuant to paragraph (c) of this subdivision.\nThe applicable tolling authority shall not enforce such judgments until\nthirty days have elapsed from issuing a notice pursuant to paragraph (c)\nof this subdivision.\n (c) Prior to entering judgments for unpaid liabilities pursuant to\nparagraph (b) of this subdivision, the applicable tolling authority\nshall notify the person subject to such judgment, by first class mail,\nthat such person is at risk of entry of a judgment against them if they\nfail to pay such unpaid liabilities. The form and content of such notice\nshall be prescribed by the applicable tolling authority, and shall\ncontain a warning to advise the person that failure to pay the\napplicable unpaid liabilities within a period of not less than thirty\ndays of such notice will result in the enforcement of a judgment against\nthem, and shall further contain information about the process to dispute\nsuch liabilities, consistent with this section or section twenty-nine\nhundred eighty-five-a of this title, as applicable.\n 9. If an owner receives a notice of liability pursuant to this section\nfor any time period during which the vehicle was reported to the police\ndepartment as having been stolen, it shall be a valid defense to an\nallegation of liability for a violation of toll collection regulations\nthat the vehicle had been reported to the police as stolen prior to the\ntime the violation occurred and had not been recovered by such time. If\nan owner receives a notice of liability pursuant to this section for any\ntime period during which the vehicle was stolen, but not as yet reported\nto the police as having been stolen, it shall be a valid defense to an\nallegation of liability for a violation of toll collection regulations\npursuant to this section that the vehicle was reported as stolen within\ntwo hours after the discovery of the theft by the owner. For purposes of\nasserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the court or other entity having\njurisdiction.\n 10. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision seven of this section shall\nnot be liable for the violation of the toll collection regulation\nprovided that he or she sends to the public authority serving the notice\nof liability and to the court or other entity having jurisdiction a copy\nof the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty days after receiving the original\nnotice of liability. Failure to send such information within such thirty\nday time period shall render the lessor liable for the penalty\nprescribed by this section. Where the lessor complies with the\nprovisions of this subdivision, the lessee of such vehicle on the date\nof such violation shall be deemed to be the owner of such vehicle for\npurposes of this section and shall be subject to liability for the\nviolation of toll collection regulations, provided that the public\nauthority mails a notice of liability to the lessee within ten days\nafter the court, or other entity having jurisdiction, deems the lessee\nto be the owner. For purposes of this subdivision the term "lessor"\nshall mean any person, corporation, firm, partnership, agency,\nassociation or organization engaged in the business of renting or\nleasing vehicles to any lessee under a rental agreement, lease or\notherwise wherein the said lessee has the exclusive use of said vehicle\nfor any period of time. For purposes of this subdivision, the term\n"lessee" shall mean any person, corporation, firm, partnership, agency,\nassociation or organization that rents, leases or contracts for the use\nof one or more vehicles and has exclusive use thereof for any period of\ntime.\n 11. Except as provided in subdivision ten of this section, if a person\nreceives a notice of liability pursuant to this section it shall be a\nvalid defense to an allegation of liability for a violation of toll\ncollection regulations that the individual who received the notice of\nliability pursuant to this section was not the owner of the vehicle at\nthe time the violation occurred. If the owner liable for a violation of\ntoll collection regulations pursuant to this section was not the\noperator of the vehicle at the time of the violation, the owner may\nmaintain an action for indemnification against the operator.\n 12. "Electronic toll collection system" shall mean a system of\ncollecting tolls or charges which is capable of charging an account\nholder the appropriate toll or charge by transmission of information\nfrom an electronic device on a motor vehicle to the toll lane, which\ninformation is used to charge the account the appropriate toll or\ncharge. In adopting procedures for the preparation and mailing of a\nnotice of liability, the public authority having jurisdiction over the\ntoll facility shall adopt guidelines to ensure adequate and timely\nnotice to all electronic toll collection system account holders to\ninform them when their accounts are delinquent. An owner who is an\naccount holder under the electronic toll collection system shall not be\nfound liable for a violation of this section unless such authority has\nfirst sent a notice of delinquency to such account holder and the\naccount holder was in fact delinquent at the time of the violation.\n 13. Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of toll collection\nregulations.\n 14. Notwithstanding any other provision of law, all photographs,\nmicrophotographs, videotape or other recorded images prepared pursuant\nto this section shall be for the exclusive use of a public authority in\nthe discharge of its duties under this section and shall not be open to\nthe public nor be used in any court in any action or proceeding pending\ntherein unless such action or proceeding relates to the imposition of or\nindemnification for liability pursuant to this section. The public\nauthority shall not sell, distribute or make available in any way, the\nnames and addresses of electronic toll collection system account\nholders, without such account holders' consent to any entity that will\nuse such information for any commercial purpose provided that the\nforegoing restriction shall not be deemed to preclude the exchange of\nsuch information between any entities with jurisdiction over and or\noperating a toll highway bridge and/or tunnel facility.\n