N.Y. Comp. Codes R. & Regs. tit. 21 § 101.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 101.3 - Related toll rules

(a) Use of the Thruway system, unless otherwise authorized by the Thruway Authority, shall be subject to the toll schedules and fees established by the Thruway Authority pursuant to 21 NYCRR Part 101 and collected through any of the following methods:

(1) an E-ZPass tag;

(2) Tolls by Mail, where an invoice based on license plate images or videos is sent to the vehicle's registered owner as indicated in motor vehicle registration records or address for mailing and/or electronic communication as updated by the owner; or

(3) other technology which identifies a vehicle by photographic, electronic or other method, as authorized by the Thruway Authority.

(b) Use of the Thruway system shall be permitted only upon the payment of such tolls and other charges and under such circumstances as may from time to time be prescribed by the Thruway Authority. The evasion, nonpayment, payment in other than lawful currency, payment of less than the full amount required or other failure to comply with the published toll rates or tolls for any reason along the Thruway system is prohibited. The owner, as defined in Public Authorities Law section 2985(3) or Public Authorities Law section 2985-a(2)(b), of any vehicle or vehicle type using the Thruway System without paying the toll prescribed by the Thruway Authority in the manner established for the collection of such toll commits a violation of toll collection regulations.

(c) Entering or leaving the controlled system except through Thruway interchanges (unless otherwise authorized by the Thruway Authority), is prohibited. Vehicles for which there is no record of entering shall be charged the toll for the appropriate vehicle classification from the most distant interchange of the controlled system at the Tolls by Mail rate.

(d) Payment of tolls 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 transaction that requires an image to be captured and processed, the owner shall be charged the full undiscounted toll at the Tolls by Mail rate. 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 tolls by means of a properly mounted E-ZPass tag of the proper class that is classified as valid at the time of the transaction.

(e) Payment of tolls through Tolls by Mail, shall be made in the manner established for the collection of such tolls, including in the toll bill sent by the Thruway Authority or its authorized representative. Nothing in this section shall be construed to limit the liability of a Tolls by Mail account holder for administrative violation fees established and imposed by the applicable Tolls by Mail account agreement for failure to pay the tolls in the manner established for the collection of such tolls. The owner shall have 30 days from the date of the toll bill to pay the incurred toll. The toll bill shall include: the total amount of the incurred tolls due; the date by which payment of the incurred tolls is due; any administrative fees; the address for receipt of payment and methods of payment for the toll; the procedure for contesting any toll and the contact information for the Thruway Authority's toll payer advocate office and customer service center; information related to the failure to timely pay or respond to the Notice of Liability, in addition to the possibility that a judgment can be entered for repeat unpaid liabilities that could lead to a vehicle being towed or immobilized; a website address or hyperlink for the owner to access time-stamped photographs or footage of each toll incurred by electronic means; information related to the availability of the Thruway Authority toll payer advocate to discuss payment options; and other information required by law or by the Thruway Authority. Each toll bill shall identify the date, time, location, license plate number, and jurisdiction of the license plate for each toll that has been incurred. Each toll bill shall include an image of the license plate of the vehicle being used or operated on the toll facility. If the owner fails to pay the initial toll bill, a second toll bill shall be sent in the next billing cycle, which shall also indicate the overdue toll or tolls and any administrative or late fees due.

(f) The owner of any vehicle which violates toll collection regulations without paying the charge prescribed by the Thruway Authority shall be liable to the Thruway Authority for an administrative fee, known as the toll violation fee, in the amount up to $100.00 for each such toll violation unless a fee of less than $100.00 is set by the Thruway Authority in its sole discretion. The toll violation fee shall be in addition to the applicable toll and any fines and penalties otherwise prescribed by law or by agreement. 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 such unpaid toll and/or toll violation fee has been dismissed or there has been a Transfer of Responsibility as provided pursuant to Public Authorities Law sections 2985 or 2985-a; or after payment of such toll, the toll violation fee has been dismissed or reduced under any applicable Fee Waiver Policy adopted by the Thruway Authority. Such owners who fail to pay each toll and toll violation fee in response to a Notice of Liability or Notice of Violation may also have their vehicle registrations suspended and/or not renewed under Vehicle and Traffic Law section 510 and/or 15 NYCRR 127 or other related regulations.

(g)

(1) For Tolls by Mail transactions where a toll violation fee is assessed, a Notice of Violation shall be sent by the Thruway Authority or its authorized agent ("Authorized Agent") to the individual or business alleged to be liable for the toll violation as owner and shall contain date, time, location, license plate number, and jurisdiction of the license plate for each unpaid toll that has been incurred. A Notice of Violation shall also include the total amount of unpaid tolls and violation fees due; the date by which payment of the tolls and violation fees is due; the address for receipt of payment and methods of payment for the toll; the procedure for contesting any toll and the contact information for the Thruway Authority's toll payer advocate office and customer service center; information related to the failure to timely pay or respond to the Notice of Violation, in addition to the possibility that a judgment can be entered for repeat unpaid liabilities that could lead to a vehicle being towed or immobilized; a website address or hyperlink for the owner to access time-stamped photographs or footage of each toll incurred by electronic means; information related to the availability of the toll payer advocate to discuss payment options; and other information required by law or the Thruway Authority.

(2) 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 in the manner established in the Notice of Violation and such toll violation and associated toll violation fee shall be dismissed if such individual or business provides a certification that:

(i) 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:

(a) a copy of the plate surrender receipt from the Department of Motor Vehicles;

(b) proof of sale of the vehicle;

(c) a copy of the report to a law enforcement agency that the plate was lost; or

(d) a copy of the report to a law enforcement agency that the vehicle was stolen; or

(ii) 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

(iii) the registered owner's vehicle was not present at the facility at the time of the violation(s); or

(iv) for other good cause shown, which in the discretion of the Thruway Authority, constitutes a reasonable basis for dismissal.

(3) The Authorized Agent shall send the owner a written determination of the Declaration of Dispute. The owner may request a review by the Thruway Authority of the Authorized Agent's determination of the Declaration of Dispute by submitting a Request for Review to the Thruway Authority in the matter established in the Authorized Agent's written determination of the Declaration of Dispute. The Authorized Agent's determination of the Declaration of Dispute shall be final and binding on the owner unless overturned by the Thruway Authority upon review and in the Thruway Authority's sole discretion. The Thruway 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 Albany, under article 78 of the New York Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 101.3

Amended New York State Register January 18, 2017/Volume XXXIX, Issue 03, eff. 1/18/2017

Adopted New York State Register December 31, 2024/Volume XLVI, Issue 53, eff. 12/31/2024