Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
owner, as defined in Public Authorities Law section 2985(3), of any vehicle
crossing a bridge without paying the crossing charge prescribed by the
authority at the place and time and in the manner established for the
collection of such crossing charge commits a violation of toll collection
regulations.
(1) Payment of crossing charges
by E-ZPass shall be made by means of a properly mounted E-ZPass tag of the
proper class that is classified as valid at the time of the toll transaction.
For each such violation, the owner shall be charged the full undiscounted
crossing charge for fare media other than E-ZPass. Nothing in this section
shall be construed to limit the liability of an E-ZPass account holder for
administrative violation fees established and imposed by the E-ZPass agreement
for failure to pay crossing charges by means of a properly mounted E-ZPass Tag
of the proper class that is classified as valid at the time of the
transaction.
(2) Payment of
crossing charges by fare media other than E-ZPass shall be made at the place
and time and in the manner established for the collection of such crossing
charge. Nothing in this section shall be construed to limit the obligation of a
video account holder for administrative violation fees established and imposed
by the applicable video account agreement for failure to pay the crossing
charges at the place and time and in the manner established for the collection
of such crossing charges.
(b) The owner of any vehicle which violates
toll collection regulations by crossing a bridge without paying the crossing
charge prescribed by the authority at the place and time and in the manner
established for the collection of such crossing charge shall be liable to the
authority for an administrative fee, known as the toll violation fee. The toll
violation fee shall be in the amount of $50, for each such violation unless a
fee of less than $50 is set by the authority in its sole discretion. The toll
violation fee shall be in addition to the applicable crossing charge and any
fines and penalties otherwise prescribed by law or by agreement.
(c) A Notice of Violation shall be sent by
the authority's authorized agent (''authorized agent'') to the individual or
business alleged to be liable for the toll violation as owner and shall
contain:
(1) the name and address of the
individual or business alleged to be liable for the toll violation as
owner;
(2) the registration number
and state of the vehicle alleged to have been involved in the
violation;
(3) the location, date
and time of each use of the facility that forms the basis of such
violation;
(4) the amount of the
assessed toll and toll violation fee; and
(5) an image of the license plate of the
vehicle being used or operated on the toll facility, provided that an image of
each such license plate in the Notice of Violation shall be provided by the
authorized agent upon request.
(d) The individual or business alleged to be
liable for the toll violation as owner may dispute the violation by submitting
a Declaration of Dispute to the authorized agent at the time and place and in
the manner established in the Notice of Violation together with a certification
establishing the basis for dispute as follows. Such toll violation and
associated toll violation fee shall be dismissed if:
(1) The individual or business was not the
registered owner of the vehicle at the time of the toll transaction that forms
the basis of such alleged violation and submits to the authorized agent:
(i) a copy of the plate surrender receipt
from the Department of Motor Vehicles;
(ii) proof of sale of the vehicle;
(iii) a copy of the report to a law
enforcement agency that the plate was lost; and/or
(iv) a copy of the report to a law
enforcement agency that the vehicle was stolen; or
(2) The toll was paid by E-ZPass and the toll
posted to an E-ZPass Account and submits to the authorized agent a copy of the
E-ZPass statement showing the toll posting; or
(3) The toll was paid in cash at the time and
submits to the authorized agent a copy of the toll receipt; or
(4) The registered owner's vehicle was not
present at the facility at the time of the violation(s); or
(5) For other good cause
shown.
(e) If the owner is
a vehicle rental or leasing company which seeks to perform a Transfer of
Responsibility to the vehicle lessee or renter, the owner shall submit to the
authorized agent at the time and place and in the manner established in the
Notice of Violation a signed lease or rental agreement and certification of the
name and address of the lessee or renter of the vehicle at the time of the toll
transaction that forms the basis for the violation. A Notice of Violation or
toll invoice shall be sent by the authorized agent to such lessee or renter
within forty-five days of receipt of the signed lease or rental agreement and
certification and such lessee or renter shall be deemed the owner of such
vehicle and shall be liable for the payment of tolls and any toll violation
fees.
(f) The authorized agent
shall send the owner a written determination of the Declaration of Dispute
under subdivision (d) of this section.
(1) The
owner may request a review by the authority of the authorized agent's
determination of the Declaration of Dispute by submitting a Request for Review
to the authority at the place and time and in the matter established in the
authorized agent's written determination of the Declaration of
Dispute.
(2) The authorized agent's
determination of the Declaration of Dispute under subdivision four shall be
final and binding on the owner unless overturned by the authority upon
review.
(3) The authority's
determination of the owner's Request for Administrative Review shall be final
and binding on the owner unless overturned by a Court of competent jurisdiction
of the State of New York, County of Ulster, under Article 78 of the New York
Civil Practice law and Rules or a United States Court located in Albany, New
York, under the procedures and laws applicable in that
court.
(g) The individual
or business alleged to be liable for each toll violation as owner shall be
liable for each unpaid toll and toll violation fee unless:
(i) such unpaid toll and/or toll violation
fee has been dismissed under subdivision (d) or subdivision (f) of this
section;
(ii) there has been a
Transfer of Responsibility under subdivision (e) of this section; or
(iii) after payment of such toll, the toll
violation fee has been dismissed or reduced under the Fee Waiver Policy adopted
by the authority. Such owners who fail to pay each toll and toll violation fee
in response to a Notice of Violation may also have their vehicle registrations
suspended under vehicle and traffic law section 510(3)(d) and implementing
regulations.
