(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.
Structure New York Laws