2023 New York Laws › PBA - Public Authorities › Article 9 - General Provisions › Title 11 - Wrongful Death Actions › 2985 - Owner Liability for Failure of Operator to Comply With Toll Collection Regulations.

§  2985.  Owner  liability for failure of operator to comply with toll
collection regulations. 1. Notwithstanding any other provision  of  law,
every  public  authority  which  operates  a  toll highway bridge and/or
tunnel facility is hereby authorized and empowered  to  impose  monetary
liability  on  the owner of a vehicle for failure of an operator thereof
to comply with the toll collection regulations of such public  authority
in accordance with the provisions of this section.
2.  The owner of a vehicle shall be liable for a civil penalty imposed
pursuant to this section if such vehicle was used or operated  with  the
permission  of  the  owner,  express  or  implied,  in violation of toll
collection regulations, and such violation is evidenced  by  information
obtained  from  a  photo-monitoring  system,  provided, however, that no
owner of a vehicle shall be liable for a  penalty  imposed  pursuant  to
this  section where the operator of such vehicle has been convicted of a
violation of toll collection regulations for the same incident.
3. For purposes of this section,  the  term  "owner"  shall  mean  any
person,  corporation,  partnership, firm, agency, association, lessor or
organization who, at the time of the violation and with respect  to  the
vehicle  identified in the notice of liability: (a) is the beneficial or
equitable owner of such vehicle; or (b) has title to  such  vehicle;  or
(c)  is  the  registrant  or  co-registrant  of  such  vehicle  which is
registered with the department of motor vehicles of this  state  or  any
other   state,   territory,   district,   province,   nation   or  other
jurisdiction; or (d) subject to the limitations set forth in subdivision
ten of this section, uses such vehicle in  its  vehicle  renting  and/or
leasing  business;  and  includes  (e)  a person entitled to the use and
possession of a vehicle  subject  to  a  security  interest  in  another
person. For purposes of this section, the term "photo-monitoring system"
shall mean a vehicle sensor installed to work in conjunction with a toll
collection   facility   which   automatically   produces   one  or  more
photographs, one or more microphotographs, a videotape or other recorded
images of each vehicle at the time it is used or operated  in  violation
of  toll  collection regulations. For purposes of this section, the term
"toll collection regulations" shall mean: those rules and regulations of
a public authority providing for and  requiring  the  payment  of  tolls
and/or  charges  prescribed  by  such  public  authority  for the use of
bridges, tunnels or highways under its jurisdiction or those  rules  and
regulations of a public authority making it unlawful to refuse to pay or
to  evade  or to attempt to evade the payment of all or part of any toll
and/or charge for the use of bridges,  tunnels  or  highways  under  the
jurisdiction of such public authority. For purposes of this section, the
term  "vehicle" shall mean every device in, upon or by which a person or
property is or may be  transported  or  drawn  upon  a  highway,  except
devices used exclusively upon stationary rails or tracks.
4.  A  certificate,  sworn  to  or  affirmed by an agent of the public
authority which charged that the  violation  occurred,  or  a  facsimile
thereof,   based   upon  inspection  of  photographs,  microphotographs,
videotape or other recorded images produced by a photo-monitoring system
shall be prima facie evidence of the facts contained therein  and  shall
be  admissible in any proceeding charging a violation of toll collection
regulations, provided that any photographs, microphotographs,  videotape
or  other recorded images evidencing such a violation shall be available
for  inspection  and  admission  into  evidence  in  any  proceeding  to
adjudicate the liability for such violation.
5.   An  owner  found  liable  for  a  violation  of  toll  collection
regulations pursuant to this section shall for a first violation thereof
be liable for a monetary penalty not to  exceed  fifty  dollars  or  two
times  the  toll  evaded  whichever  is  greater; for a second violation

thereof both within eighteen months be liable for a monetary penalty not
to exceed one hundred dollars or five times the toll evaded whichever is
greater; for a third or subsequent violation thereof all within eighteen
months  be liable for a monetary penalty not to exceed one hundred fifty
dollars or ten times the toll evaded whichever is greater.
6. An imposition of liability pursuant to this section shall be  based
upon  a  preponderance  of  evidence  as  submitted.  An  imposition  of
liability pursuant to this section shall not be deemed a  conviction  as
an  operator  and  shall not be made part of the motor vehicle operating
record, furnished pursuant to section three hundred  fifty-four  of  the
vehicle  and  traffic  law,  of  the  person upon whom such liability is
imposed nor shall it be used for insurance purposes in the provision  of
motor vehicle insurance coverage.
7. (a) A notice of liability shall be sent by first class mail to each
person  alleged  to  be  liable  as  an  owner  for  a violation of toll
collection regulations. Such notice shall be mailed no later than thirty
days after the alleged violation. Personal delivery on the  owner  shall
not be required. A manual or automatic record of mailing prepared in the
ordinary course of business shall be prima facie evidence of the mailing
of the notice.
(b)  A  notice  of liability shall contain the name and address of the
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations pursuant to this section, the registration number
of  the  vehicle  involved  in  such  violation, the location where such
violation took place, the date  and  time  of  such  violation  and  the
identification  number of the photo-monitoring system which recorded the
violation or other document locator number.
(c) The notice of liability shall  contain  information  advising  the
person  charged  of  the manner and the time in which he may contest the
liability alleged in the notice. Such notice  of  liability  shall  also
contain  a warning to advise the persons charged that failure to contest
in the manner  and  time  provided  shall  be  deemed  an  admission  of
liability and that a default judgment may be entered thereon.
(d) The notice of liability shall be prepared and mailed by the public
authority having jurisdiction over the toll facility where the violation
of toll collection regulations occurred.
* 8. 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  authority  or
pursuant to the rules and regulations of such administrative tribunal as
the case may be.
* NB Effective until September 1, 2024
* 8.  (a)  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

authority   or   pursuant   to   the   rules  and  regulations  of  such
administrative tribunal as the case may be.
(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
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
nineteen 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, without court
proceedings, in the same manner as the enforcement 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 paragraph (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.
(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
applicable 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.
* NB Effective September 1, 2024
9. If an owner receives a notice of liability pursuant to this section
for any time period during which the vehicle was reported to the  police
department  as  having  been  stolen,  it shall be a valid defense to an
allegation of liability for a violation of toll  collection  regulations
that  the vehicle had been reported to the police as stolen prior to the
time the violation occurred and had not been recovered by such time.  If
an owner receives a notice of liability pursuant to this section for any
time period during which the vehicle was stolen, but not as yet reported
to  the  police as having been stolen, it shall be a valid defense to an
allegation of liability for a violation of toll  collection  regulations
pursuant  to this section that the vehicle was reported as stolen within
two hours after the discovery of the theft by the owner.   For  purposes
of  asserting  the  defense  provided  by  this  subdivision it shall be
sufficient that a certified copy of the  police  report  on  the  stolen
vehicle  be sent by first class mail to the court or other entity having
jurisdiction.
10. An owner who is a lessor  of  a  vehicle  to  which  a  notice  of
liability was issued pursuant to subdivision seven of this section shall
not  be  liable  for  the  violation  of  the toll collection regulation
provided that he or she sends to the public authority serving the notice
of liability and to the court or other entity having jurisdiction a copy
of the rental, lease or  other  such  contract  document  covering  such
vehicle  on  the date of the violation, with the name and address of the

lessee clearly legible, within thirty days after receiving the  original
notice of liability. Failure to send such information within such thirty
day  time  period  shall  render  the  lessor  liable  for  the  penalty
prescribed   by  this  section.  Where  the  lessor  complies  with  the
provisions of this subdivision, the lessee of such vehicle on  the  date
of  such  violation  shall be deemed to be the owner of such vehicle for
purposes of this section and shall  be  subject  to  liability  for  the
violation  of  toll  collection  regulations,  provided  that the public
authority mails a notice of liability to  the  lessee  within  ten  days
after  the  court, or other entity having jurisdiction, deems the lessee
to be the owner. For purposes of  this  subdivision  the  term  "lessor"
shall   mean   any   person,  corporation,  firm,  partnership,  agency,
association or organization  engaged  in  the  business  of  renting  or
leasing  vehicles  to  any  lessee  under  a  rental agreement, lease or
otherwise wherein the said lessee has the exclusive use of said  vehicle
for  any  period  of  time.  For  purposes of this subdivision, the term
"lessee" shall mean any person, corporation, firm, partnership,  agency,
association  or organization that rents, leases or contracts for the use
of one or more vehicles and has exclusive use thereof for any period  of
time.
11. Except as provided in subdivision ten of this section, if a person
receives  a  notice  of liability pursuant to this section it shall be a
valid defense to an allegation of liability  for  a  violation  of  toll
collection  regulations  that  the individual who received the notice of
liability pursuant to this section was not the owner of the  vehicle  at
the  time the violation occurred. If the owner liable for a violation of
toll collection  regulations  pursuant  to  this  section  was  not  the
operator  of  the  vehicle  at  the time of the violation, the owner may
maintain an action for indemnification against the operator.
12. "Electronic  toll  collection  system"  shall  mean  a  system  of
collecting  tolls  or  charges  which  is capable of charging an account
holder the appropriate toll or charge  by  transmission  of  information
from  an  electronic  device  on a motor vehicle to the toll lane, which
information is used to  charge  the  account  the  appropriate  toll  or
charge.  In  adopting  procedures  for  the preparation and mailing of a
notice of liability, the public authority having jurisdiction  over  the
toll  facility  shall  adopt  guidelines  to  ensure adequate and timely
notice to all electronic  toll  collection  system  account  holders  to
inform  them  when  their  accounts  are  delinquent. An owner who is an
account holder under the electronic toll collection system shall not  be
found  liable  for a violation of this section unless such authority has
first sent a notice of  delinquency  to  such  account  holder  and  the
account holder was in fact delinquent at the time of the violation.
13.  Nothing in this section shall be construed to limit the liability
of an operator of  a  vehicle  for  any  violation  of  toll  collection
regulations.
14.  Notwithstanding  any  other  provision  of  law, all photographs,
microphotographs, videotape or other recorded images  prepared  pursuant
to  this section shall be for the exclusive use of a public authority in
the discharge of its duties under this section and shall not be open  to
the  public nor be used in any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability  pursuant  to  this  section.  The  public
authority  shall  not sell, distribute or make available in any way, the
names  and  addresses  of  electronic  toll  collection  system  account
holders,  without  such account holders' consent to any entity that will
use such information  for  any  commercial  purpose  provided  that  the
foregoing  restriction  shall  not be deemed to preclude the exchange of

such information between any entities  with  jurisdiction  over  and  or
operating a toll highway bridge and/or tunnel facility.