N.Y. Comp. Codes R. & Regs. tit. 21 § 1021.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1021.3 - Toll violation enforcement

(a) The owner, as defined in Public Authorities Law section 2985(3) and 2985-a(2)(b), of any vehicle crossing a bridge or tunnel or using the central business district without paying the charge prescribed by the Triborough Bridge and Tunnel Authority (Authority) at the place and time and in the manner established for the collection of such charge commits a violation of toll collection regulations.

(1) Payment of 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 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 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 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 charge. Nothing in this section shall be construed to limit the liability of a video account holder for administrative violation fees established and imposed by the applicable video account agreement for failure to pay the charges at the place and time and in the manner established for the collection of such charges.

(b) The owner of any vehicle which violates toll collection regulations by crossing a bridge or tunnel or using the central business district without paying the charge prescribed by the authority at the place and time and in the manner established for the collection of such charge shall be liable to the authority for an administrative fee, known as the toll violation fee. The fee shall be in the amount of $ 50.00, for each such violation arising from crossing a bridge or tunnel or using the central business district. The toll violation fee shall be in addition to the applicable charge and any fines and penalties otherwise prescribed by law or by agreement. In the event that a notice of violation under the tolls by mail program was not sent within 90 days of the second toll bill, the toll violation fee is subject to dismissal under Public Authorities Law section 2985-a(5).

(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 include:

(1) the total amount of unpaid tolls and administrative violation fees due;

(2) the date by which payment of the tolls and administrative violation fees is due;

(3) the address for receipt of payment and methods of payment for the toll;

(4) the procedure for contesting any toll and the contact information for the toll payer advocate office and customer service center;

(5) 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;

(6) a website address or hyperlink for the owner to access time-stamped photographs or footage of each toll incurred by electronic means;

(7) information related to the availability of the toll payer advocate to discuss payment options; and

(8) other information required by law or by the public authority. Each notice of violation shall identify the date, time, location, license plate number, and jurisdiction of the license plate for each unpaid toll that has been incurred.

(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. To be submitted, a Declaration of Dispute must include all required documents and must be otherwise in compliance with the time, place, and manner established in the Notice of Violation. Such toll violation and associated toll violation fee shall be dismissed if such individual or business provides a certification that:

(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 by another method acceptable to the authority at the time and submits to the authorized agent a copy of the toll receipt marked by the authority as paid; or

(4) the registered owner's vehicle was not present at the facility at the time of the violation(s) or 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 45 days of receipt of the signed lease or rental agreement and certification and such lessee or renter shall be deemed to be 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 within 45 days of receipt of the Declaration of Dispute.

(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 Administrative 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 (d) of this section 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 New York, under article 78 of the New York Civil Practice Law and Rules or a United States Court located in New York City, 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:

(1) such unpaid toll and/or toll violation fee has been dismissed under subdivision (d) or subdivision (f) of this section;

(2) there has been a Transfer of Responsibility under subdivision (e) of this section;

(3) 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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1021.3

Adopted New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Adopted New York State Register September 11, 2024/Volume XLVI, Issue 37, eff. 9/1/2024