2006 New York Code - 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.
    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.