§ 2985-A — Payment of tolls under the tolls by mail program

New York § 2985-A

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

Text

* § 2985-a. Payment of tolls under the tolls by mail program. 1. This\nsection shall not apply to the payment of tolls by means of an\nelectronic toll device that transmits information through an electronic\ntoll collection system as defined in subdivision twelve of section\ntwenty-nine hundred eighty-five of this title.\n 2. For purposes of this section, the following terms shall have the\nfollowing meanings:\n (a) "Cashless tolling facility" shall mean a toll roadway, bridge or\ntunnel facility that does not provide for the immediate on-site payment\nin cash of a toll owed for the use of such facility.\n (b) "Owner" shall mean any person, corporation, partnership, firm,\nagency, association, lessor or organization who, at the time of\nincurring an obligation to pay a toll at a cashless tolling facility,\nand with respect to the vehicle identified in the toll bill or notice of\nviolation: (i) is the beneficial or equitable owner of such vehicle; or\n(ii) has title to such vehicle; or (iii) is the registrant or\nco-registrant of such vehicle which is registered with the department of\nmotor vehicles of this state or any other state, territory, district,\nprovince, nation or other jurisdiction; or (iv) subject to the\nlimitations set forth in subdivision ten of section twenty-nine hundred\neighty-five of this title, uses such vehicle in its vehicle renting\nand/or leasing business; or (v) is a person entitled to the use and\npossession of a vehicle subject to a security interest in another\nperson.\n (c) "Toll bill" shall mean a notice sent to an owner notifying such\nowner that the owner's vehicle has been used or operated in or upon a\ncashless tolling facility and the owner has incurred an obligation to\npay a toll.\n (d) "Notice of violation" shall mean a notice sent to an owner\nnotifying such owner that a toll incurred at a cashless tolling facility\nby the owner has not been paid at the place and time and in the manner\nestablished for collection of such toll in the toll bill and that an\nadministrative violation fee is being imposed for each such unpaid toll.\n (e) "Billing cycle" shall mean a period not to exceed thirty calendar\ndays once tolls have posted for purposes of consolidated toll billing.\n (f) "Initial billing cycle" shall mean a period not to exceed fifteen\nbusiness days after identifying the owner or other party responsible for\npaying the toll for the purpose of consolidated toll billing for an\nobligation to pay a toll bill for the first time at a cashless tolling\nfacility in a six-month period.\n (g) "Tolls by mail program" shall mean any program operated by or on\nbehalf of a public authority to send a toll bill to an owner whose\nvehicle crosses a cashless tolling facility without a valid electronic\ndevice that successfully transmits information through an electronic\ntoll collection system as defined in subdivision twelve of section\ntwenty-nine hundred eighty-five of this title.\n (h) "Declaration of dispute" shall mean a submission by an owner\ndisputing all or any portion of a toll, fee, penalty, or other\nobligation incurred by an owner whose vehicle crosses a cashless tolling\nfacility, in such form as the public authority shall provide in\nregulations and through display on the authority's website.\n 3. In the case of an owner who incurs an obligation to pay a toll for\nthe first time in six months under the tolls by mail program at a\ncashless tolling facility, a toll bill shall be sent within ten business\ndays after the end of the initial billing cycle and of each subsequent\nbilling cycle. In the case of all other owners incurring an obligation\nto pay a toll at a cashless tolling facility, a toll bill shall be sent\nat the end of the next billing cycle. Toll bills shall be sent to the\nowner by first class mail, and may additionally be sent by electronic\nmeans of communication upon the affirmative consent of the owner, by or\non behalf of the public authority which operates such cashless tolling\nfacility. The owner shall have thirty days from the date of the toll\nbill to pay the incurred toll. The toll bill shall include: (i) the\ntotal amount of the incurred tolls due, (ii) the date by which payment\nof the incurred tolls is due, (iii) any administrative fees, (iv) the\naddress for receipt of payment and methods of payment for the toll, (v)\nthe procedure for contesting any toll and the contact information for\nthe relevant toll payer advocate office and customer service center,\n(vi) information related to the failure to timely pay or respond to the\nnotice of liability, in addition to the possibility that a judgment can\nbe entered for repeat unpaid liabilities that could lead to a vehicle\nbeing towed or immobilized, (vii) a website address or hyperlink for the\nowner to access time-stamped photographs or footage of each toll\nincurred by electronic means, (viii) information related to the\navailability of the toll payer advocate to discuss payment options, and\n(ix) other information required by law or by the public authority. Each\ntoll bill shall identify the date, time, location, license plate number,\nand jurisdiction of the license plate for each toll that has been\nincurred. Each toll bill shall include an image of the license plate of\nthe vehicle being used or operated on the toll facility. If the owner\nfails to pay the initial toll bill, a second toll bill shall be sent in\nthe next billing cycle, which shall also indicate the overdue toll or\ntolls and any administrative or late fees due.\n 4. In the case of an owner who does not pay a toll incurred under the\ntolls by mail program on a cashless facility at the place and time and\nin the manner established for collection of such toll in the second toll\nbill, a notice of violation shall be sent notifying the owner that the\ntoll is unpaid and administrative violation fees are being imposed. The\nnotice of violation shall be sent to the owner by first class mail, and\nmay additionally be sent by electronic means of communication upon the\naffirmative consent of the owner, by or on behalf of the public\nauthority which operates such cashless tolling facility. The notice of\nviolation shall include: (i) the total amount of unpaid tolls and\nadministrative violation fees due, (ii) the date by which payment of the\ntolls and administrative violation fees is due, (iii) the address for\nreceipt of payment and methods of payment for the toll, (iv) the\nprocedure for contesting any toll and the contact information for the\nrelevant toll payer advocate office and customer service center, (v)\ninformation related to the failure to timely pay or respond to the\nnotice of liability, in addition to the possibility that a judgment can\nbe entered for repeat unpaid liabilities that could lead to a vehicle\nbeing towed or immobilized, (vi) a website address or hyperlink for the\nowner to access time-stamped photographs or footage of each toll\nincurred by electronic means, (vii) information related to the\navailability of the toll payer advocate to discuss payment options, and\n(viii) other information required by law or by the public authority.\nEach notice of violation shall identify the date, time, location,\nlicense plate number, and jurisdiction of the license plate for each\nunpaid toll that has been incurred.\n 5. Any fee or administrative violation fee that is assessed on a\nnotice of violation pursuant to subdivision four of this section shall\nbe dismissed if the notice of violation was not sent within ninety days\nof the second toll bill, provided that any toll or tolls incurred remain\ndue and payable and provided further that such dismissal shall not apply\nin the event that exceptional circumstances, including but not limited\nto technological failures, have delayed the timely mailing of the notice\nof violation and the public authority has posted notice of such\ncircumstances prominently on its website within a reasonable time of\nbecoming aware of such circumstances, which shall be adequate record of\nsuch circumstances.\n 6. Any toll bill or notice of violation required to be sent pursuant\nto this section by first class mail may also be sent, with consent of\nthe owner, by electronic means of communication by or on behalf of the\npublic authority. It shall be the sole responsibility of the owner to\nprovide and update the address used for electronic means of\ncommunication to the owner by the public authority. A manual or\nautomatic record of electronic communications prepared in the ordinary\ncourse of business shall be adequate record of electronic notice.\n 7. Any owner who incurs an obligation to pay a toll under the tolls by\nmail program at a public authority's cashless tolling facility shall\nhave an option to receive alerts by electronic means of communication\nthat a toll has been incurred. Such alerts shall be provided to the\nowner who has elected to receive such alerts no more than seventy-two\nhours after the owner is identified. Each public authority shall create\nan online registration for an electronic means of communication alert\nthat a toll has been incurred under the tolls by mail program at a\ncashless tolling facility. In the event an owner chooses to receive an\nelectronic means of communication alert of a toll incurred, it shall be\nthe owner's sole responsibility to provide and update any mobile\nnumbers, electronic mail addresses, or any other addresses used for\nelectronic means of communication to which alerts are sent. A manual or\nautomatic record of electronic communications prepared in the ordinary\ncourse of business shall be adequate record of electronic notice.\n 8. If an owner receives a notice of violation 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 violation 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 9. An owner who is a lessor of a vehicle to which a notice of\nviolation was issued pursuant to subdivision four of this section shall\nnot be liable for the violation of the toll collection regulations\nprovided the owner sends to the public authority serving the notice of\nviolation and to the court or other entity having jurisdiction a copy of\nthe rental, lease or other such contract document covering such vehicle\non the date of the violation, with the name and address of the lessee\nclearly legible, within thirty days after receiving the original notice\nof violation. Failure to send such information within such thirty-day\ntime period shall render the lessor liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nsubdivision, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection and shall be subject to liability for the violation of the toll\ncollection regulations, provided that the public authority mails a\nnotice of violation to the lessee within ten business days after the\npublic authority deems the lessee to be the owner. For purposes of this\nsubdivision the term "lessor" shall mean any person, corporation, firm,\npartnership, agency, association or organization engaged in the business\nof renting or leasing vehicles to any lessee under a rental agreement,\nlease or otherwise wherein the said lessee has the exclusive use of said\nvehicle for any period of time. For purposes of this subdivision, the\nterm "lessee" shall mean any person, corporation, firm, partnership,\nagency, association or organization that rents, leases or contracts for\nthe use of one or more vehicles and has exclusive use thereof for any\nperiod of time.\n 10. Except as provided in subdivision nine of this section, if a\nperson receives a notice of violation pursuant to this section it shall\nbe a valid defense to an allegation of liability for a violation of toll\ncollection regulations that the individual who received the notice of\nviolation 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 11. Any public authority that operates a cashless tolling facility\nshall: (i) maintain a website and toll-free phone number for any person\nto receive updated information on any tolls or fees which are\noutstanding; and (ii) establish procedures for owners to dispute any\ntolls and violation fees incurred in connection with toll bills,\nincluding a requirement that written determinations in such disputes\nshall be issued within forty-five days of receipt of the owner's\ndeclaration of dispute. Such information shall be prominently displayed\non such public authority's toll bills, notices of violation and website.\n 12. Every public authority that operates a cashless tolling facility\nshall develop policies and procedures for the establishment on a\ncase-by-case basis of a written payment plan agreement for an owner's\nunpaid tolls and administrative violation fees incurred at a cashless\ntolling facility, subject to the availability of sufficient resources\nfor the public authority to administer such payment plans. Information\nrelated to payment plans shall be made available upon the owner's\nrequest to the public authority's customer service center. The public\nauthority shall not charge any additional amount or fee for enrollment\nin a payment plan agreement. Owners shall fully comply with all payment\nplan agreement terms and conditions and shall be subject to payment plan\nagreement default provisions.\n 13. Every public authority that operates a cashless tolling facility\nshall establish an office of such authority's toll payer advocate,\ndesigned to further assist owners who remain unsatisfied after first\nattempting resolution in writing of their concern with, and receiving\nwritten determination from, such authority's customer service center.\nThe office of the toll payer advocate shall also endeavor to identify\nany systemic issues and recommend reasonable improvements regarding the\nuse of and process involved with the payment of tolls under the tolls by\nmail program at cashless tolling facilities to the public authority.\n 14. A public authority that operates a cashless tolling facility,\nincluding the officers, employees, contractors and agents of such public\nauthority, shall not report to a consumer reporting agency, as defined\nin 15 U.S.C. § 1681a, any toll, fee, penalty or other obligation\nincurred by an owner related to use of a cashless tolling facility.\n 15. Nothing in this section shall prohibit a public authority from\ncollecting any toll or fee in the event that an owner does not properly\nregister a vehicle pursuant to the laws, rules and regulations of this\nstate, or any other state, territory, district, province, nation or\nother jurisdiction.\n 16. Nothing in this section shall require a public authority to\nperform any action or forbear from performing any action that would in\nthe public authority's sole discretion impair any covenant with the\nholders of any of the public authority's bonds, notes or other\nobligations.\n * NB Effective provided that the state of New Jersey has enacted\nlegislation having an identical effect (see chapter 56 of 2024, Part WW\nSubpart B)\n