No vehicle shall cross the bridges without the payment of the toll prescribed by the authority at the regularly established places for the collection of such tolls. Except where the authority has designated dedicated E-ZPass lanes or video toll lanes without gates where signage directs vehicles not to stop, all vehicles traveling eastbound shall stop at an operating toll booth and pay the appropriate toll according to these rules and regulations unless otherwise directed by an authority agent or employee. Where the authority has established a designated dedicated video toll lane, payment of the required crossing charges shall be made by mail as directed by the authority. The evasion, nonpayment, payment in other than lawful currency, payment of less than the full amount required, or any other failure to comply with the established tolls of the authority is prohibited. Payment of crossing charges by prepaid 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. Payment of crossing charges by fare media other than prepaid E-ZPass shall be made at the place and time and in the manner established for the collection of such crossing charge.

Amend Title 21 NYCRR by inserting a new subsection 201.7 entitled “Use of Vehicular crossings” to read as follows:

Amend Title 21 NYCRR by inserting a new subsection 201.8 entitled “Toll Violation Enforcement” to read as follows:

1. Statutory authority: Public Authority Law (PAL) §§ 528(8), and 538 authorize the New York State Bridge Authority (Authority) to charge tolls for the use of the bridges and to make rules and regulations for the preservation and use of the bridges and for the payment of tolls. PAL § 528(15) provides that the Authority may do all things necessary or convenient to carry out the powers expressly given in PAL Title 2.

2. Legislative objectives: The proposed rule will modify the Authority’s collection procedures to provide for collection via EZ-Pass and tolls by mail, and to revise toll violation enforcement regulations to add provisions prescribing the procedural protections for owners seeking to have their tolls and unpaid violation fees dismissed or transferred from vehicle rental and leasing companies to renters and lessees.

3. Needs and benefits: This rule is being adopted in part to clarify the means of toll payment and collection. The Authority currently allows for the use of E-ZPass tags to pay tolls and allows vehicles without E-ZPass tags to travel through designated cash lanes. At the time of implementation of cashless tolling at Authority vehicular crossings, the means of payment will become E-ZPass and tolls by mail. The rule is necessary to inform users of the Authority facilities of how they will be charged upon implementation of tolls by mail.

The proposed enacts due process procedures as part of the Authority’s toll violation enforcement regulations to give owners an opportunity to have their toll violations dismissed or transferred before being subject to a $50 violation fee per violation. For persistent or habitual violators, the DMV’s existing regulations allow for the suspension vehicle registrations of owners who fail to pay their tolls and violation fees or who have them dismissed or transferred in response to five violation notices within 18 months under DMV’s statutory authority to suspend registrations for habitual or persistent violators.

Authority toll revenues are used to maintain and improve its bridges and to support bond issues for that purpose. Effectively deterring toll evasion prevents toll violators from passing the burden of maintaining Authority infrastructure to users who do pay their tolls. This proposal establishes a meaningful process to deter toll evasion, encourage persons to pay delinquent tolls, and provide procedural protections for users.

4. Costs:

a. to regulated parties: This proposal does not impose new costs on individuals utilizing Authority facilities who pay tolls in a timely fashion.

b. to the agency, the State, and local governments: This proposed rule will impose no costs on state or local governments. NYSBA will incur administrative costs to implement new procedures.

c. source: The information above is based on the Authority’s records and experience.

5. Local government mandates: The proposed rule will not impose any program, service, duty, or responsibility on local governments.

6. Paperwork: The proposed rule will require the Authority to implement tolls by mail violation enforcement processes and procedures and develop an appeal procedure with appropriate forms.

7. Duplication: This proposed regulation does not duplicate or conflict with any State or Federal rule.

8. Alternatives: A no action alternative was not considered. There were no other significant alternative proposals to be considered.

9. Federal standards: The rule does not exceed any Federal standards.

10. Compliance schedule: Implementation of this regulation is scheduled for May of 2020.

A Regulatory Flexibility Analysis for Small Business and Local Governments is not required for this rulemaking proposal because it will not adversely affect small business, local governments, rural areas or jobs. The proposed rulemaking would clarify the requirement to, and means of, paying tolls for use of the Authority’s vehicular bridges, as well as the Authority’s right to exclude the vehicles of violating owners and operators from using said vehicular crossings. The proposed rulemaking would also strengthen the Authority’s toll violation enforcement regulations by enacting due process procedures and policies to give owners an opportunity to have their violation dismissed or transferred before being subject to a $50 violation fee per violation. Due to its narrow focus, this rule will not impose an adverse economic impact or reporting, record-keeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities. No local government activities are involved.

A Rural Flexibility Analysis is not required for this rulemaking proposal because it will not adversely affect rural areas. The proposed rulemaking would clarify the requirement to, and means of, paying tolls for use of the Authority’s vehicular bridges, as well as the Authority’s right to exclude the vehicles of violating owners and operators from using said vehicular crossings. The proposed rulemaking would also strengthen the Authority’s toll violation enforcement regulations by enacting due process procedures and policies to give owners an opportunity to have their violation dismissed or transferred before being subject to a $50 violation fee per violation. Due to its narrow focus, this rule will not impose an adverse economic impact or reporting, record-keeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities.

A Job Impact Statement is not required for this rulemaking proposal because it will not adversely affect small business, local governments, rural areas or jobs. The proposed rulemaking would clarify the requirement to, and means of, paying tolls for use of the Authority’s vehicular bridges, as well as the Authority’s right to exclude the vehicles of violating owners and operators from using said vehicular crossings. The proposed rulemaking would also strengthen the Authority’s toll violation enforcement regulations by enacting due process procedures and policies to give owners an opportunity to have their violation dismissed or transferred before being subject to a $50 violation fee per violation. Due to its narrow focus, this rule will not impose an adverse economic impact or reporting, record-keeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities.