Hearings for Persons Who Persistently Evade the Payment of Tolls


1/20/16 N.Y. St. Reg. MTV-46-15-00003-A
January 20, 2016
I.D No. MTV-46-15-00003-A
Filing No. 3
Filing Date. Jan. 05, 2016
Effective Date. Jan. 20, 2016
Hearings for Persons Who Persistently Evade the Payment of Tolls
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 127 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215 and 510(3)(d)
Hearings for persons who persistently evade the payment of tolls.
To hold hearings for persons subject to a registration suspension due to persistently evading the payment of tolls.
Text or summary was published
in the November 18, 2015 issue of the Register, I.D. No. MTV-46-15-00003-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Assessment of Public Comment
The Department of Motor Vehicles received several comments in response to its proposed rulemaking regarding the suspension of registrations, after an opportunity to be heard, for those individuals who fail to pay tolls, fees and other charges. The DMV appreciates all of the comments submitted.
Comment: Three commenters expressed support for the regulation. Two of those, including State Senator David Carlucci, noted that the proposed fails to address the problem of out-of-state registrants who persistently evade paying tolls in New York State.
Response: The DMV agrees that the regulation does not address the issue of out-of-state registrants. As Senator Carlucci wrote, legislation permitting the DMV to enter into reciprocal agreements with other jurisdictions to address this matter is necessary.
Comment: Two commenters, one from Fairport, NY, expressed concern that the proposed rule would not afford due process to those registrants whose registrations could be suspended. One of the commenters explained her difficulties in resolving a dispute with a tolling authority.
Response: Prior to the DMV issuing a notice of hearing and pending suspension to the registrant, the tolling authority will have given the registrant ample opportunity to pay and/or dispute the tolls and fees. The registrant will have received multiple notifications from the tolling authorities about the outstanding tolls and fees. The DMV will only issue a notice of hearing and pending suspension if the registrant has not responded to the tolling authority’s notices. The DMV will not suspend the registration if the registrant requests a hearing before an Administrative Law Judge. If the registrant pays all outstanding tolls and fees prior to the hearing, the hearing will be cancelled and the suspension will not take effect.
If the registrant wishes to dispute a notice of non-payment from a tolling authority for any reason, including that his or her vehicle did not go through a tolling site on a specific date, such registrant will have the opportunity to do so prior to the matter being transferred to the DMV for appropriate action.
Comment: A commenter from Clinton Corners, NY expressed concerns about tolling authorities charging persons with rental or loaner vehicles.
Response: The proposed regulation would only apply to registered owners of the vehicles. Public Authorities Law section 2985(1) provides that that the owner of a leased or rental vehicle may provide the operator’s information in order for the operator to be responsible for tolls incurred during their lease or rental period.
If a person rents a vehicle and is also an E-ZPass account holder, he/she may use their E-ZPass tag in a rental vehicle of the same class as their tag. If the person is not an E-ZPass account holder, they can choose to utilize the E-ZPass rental options available through the larger rental companies at the time of their car rental.
Nevertheless, if an E-ZPass account holder rents a vehicle and he/she adds the license plate of a rental vehicle to his/her account for use during a specified time, it is the E ZPass account holder’s responsibility to remove the license plate number from the account once the rental vehicle use is discontinued in order to prevent toll invoices or violations being issued. If the license plate is not removed from the account and a problem arises, the account holder should contact the tolling authority, via the NY Customer Service Center (CSC), who will work with the account holder to resolve the matter.
Comment: A commenter expressed concerns about: the suspension of the driver’s license; a suspension for failure to pay a relatively small amount in tolls; whether the person may not know he or she has committed five or more violations; what happens if the E-ZPass transmitter may fail; and if there is sufficient notice about failure to pay.
Response: The proposed rule does not provide for the suspension of a driver’s license, only a vehicle registration. The rule deals with persistent violators, even if such violations do not result in a significant amount of tolls owed. The proposed rule does accommodate failure of an E-ZPass transmitter. A registered owner of a vehicle will be aware of violations because toll invoices and / or violation notices will be mailed to the vehicle and provide such owner with the option to utilize the dispute/appeal process. This process allows for the opportunity to resolve notices based on issues with a transponder. There will be a minimum of two notices, with at least thirty days between each notice, prior to the tolling authority making a recommendation to DMV to suspend a registration.
Comment: A commenter suggests that all toll lanes should have arms that go up and down.
Response: The DMV appreciates the comment but it is outside the scope of this rule.
Comment: One commenter expressed frustration about being re-routed on a trip during the Pope’s recent visit to the United States. She apparently had to pay tolls that she had not planned on paying.
Response: The DMV appreciates the comment but it is outside the scope of this rule.
Comment: A commenter writing on behalf of Enterprise, National and Alamo Rent-A-Car requested an amendment to the regulation stating that such amendment would not apply to a rental vehicle company “when any such company has in place, a transfer of responsibility protocol with a tolling authority relating to the non-payment of tolls.”
Response: The Department appreciates this suggestion. However, the proposed language is not necessary because it represents the current practices and procedures of the tolling authorities.
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