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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.

§ 3. Chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular crossings operated by the port of New York authority, is amended by adding a new section 16-a to read as follows:

an

§ 16-a. Owner liability for failure of operator to comply with toll collection regulations of the port authority. Notwithstanding any other provision of law and in accordance with the provisions of section 16-b of this act, an owner of a vehicle may be held liable for failure of operator thereof to comply with the toll collection regulations of the port authority of New York and New Jersey (hereinafter called port authority). The owner of a vehicle shall be liable pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of the toll collection regulations of the port authority, and such violation is evidenced by information obtained from a photo-monitoring system, provided, however, that no owner of a vehicle shall be liable where the operator of such vehicle has been convicted of a violation of those toll collection regulations for the same incident. Chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regulations governing traffic on vehicular crossings operated by the port of New York authority, is amended by adding two new sections 16-b and 16-c to read as follows:

§ 4.

§16-b. Imposition of liability for failure of operator to comply with toll collection regulations of the port authority. The liability set forth in section 16-a of this act, shall be imposed upon an owner for a violation by an operator of the toll collection regulations of the authority occurring within the territorial limits of the state of New York in accordance with the following:

port

a

a. For the purposes of this section, the term "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor, or organization who, at the time of the violation in any city in which a vehicle is operated: (i) is the beneficial or equitable Owner of such vehicle; or (ii) has title to such vehicle; or (iii) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or (iv) subject to the limitations set forth in subdivision f of this section, uses such vehicle in its vehicle renting and/or leasing business; and includes (v) a person entitled to the use and possession of a vehicle subject to a security interest in another person. For the purposes of this section, the term "operator" shall mean any person, corporation, firm, partnership, agency, association, organization or lessee that uses or operates vehicle with or without the permission of the owner, and an owner who operates his or her own vehicle. For purposes of this section, the term "photo-monitoring system" shall mean a vehicle sensor installed to work in conjunction with a toll collection facility which automatically duces one or more photographs, one or more microphotographs, a videotape or other recorded images of each vehicle at the time it is used or operated in violation of the toll collection regulations of the port authority. For purposes of this section, the term "toll collection regulations of the port authority" shall refer to the traffic regulations for interstate vehicular crossings operated by the port authority as set forth in this chapter and in chapter 192 of the laws of New Jersey of 1950, and specifically that section of the laws which prohibits in or upon vehicular crossings operated by the port authority except upon the payment of such tolls and other charges as may from time to time be prescribed by the port authority and which further makes it unlawful for any person to refuse to pay, or to evade or to attempt evade the payment of such tolls or other charges. For purposes of this section, the term "vehicle" shall mean every device in, upon, or by

pro

traffic

to

which

a

property is or may be transported or drawn upon a devices used exclusively upon stationary rails or

highway, except

or person

con

A certificate, sworn to or affirmed by an agent of the port or a facsimile thereof, based upon inspection of photographs, or other recorded images produced by a

tracks.
b
authority,

Dicrophotographs, videotape
photo-monitoring system shall be prima facie evidence of the facts
tained therein and shall be admissible in any proceeding charging a vio-
lation of to11 collection regulations of the port
images evidencing such a violation shall be available for inspection and

that

any

admission

photographs,

for such violation.

c.

authority, provided videotape or other recorded into evidence in any proceeding to adjudicate the liability An imposition of liability pursuant to this section shall be based Preponderance of evidence as submitted. An imposition of liabilto this section shall not be deemed a conviction of an shall not be made motor part of the vehicle operating furnished pursuant to section 354 of the vehicle and traffic Dezson upon whom such liability is imposed nor shall it be for insurance purposes in the provision of motor vehicle insurance d. (i) Ą notice of liability shall be sent by first class mail to each

upon ity

a

operator and pursuant record, law, of the used

coverage.

person alleg section

notice shall of violation. Pet ual or automa business sha (ii) A

10

of

ed
to be liable as an owner for a violation pursuant to this
Ze toll collection regulations of the port authority, Such
D emailed no later than thirty days after the alleged
Sonal delivery on the owner shall not be required. A man-
Ec record of mailing prepared in the ordinary course
be prima facie evidence of the mailing of the notice.
Ece of liability shall contain the name and address of the
to be liable as an owner for a violation of the toll col-
tions of the port authority pursuant to this section, the
ember of the vehicle involved in such violation, the loca-
ch violation took place, the date and time of such viola-
entification number of the photo-monitoring system which
Folation or other document locator number.

person alleged lection

regu

registration

tion where

tion and the

recorded the

(iii)

The

person charged

liability al

contain a war

in the manner

ity and that

(iv)

a

The no

authority or e. If an ow for any time department legation of 1z of the port

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as stolen prio recovered by sz Suant to this stolen,

but

shall be a of toll

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of

section that t discovery defense provid tified

class mail to

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f. An owne z lessor of a ve to subdivision section for th authority pro

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the notice of diction a ering such verz dress of the 1 from the port

EXPLANATIONM

otice of liability shall contain information advising the of the manner and the time in which he may contest the ged in the notice. Such notice of liability shall also ng to advise the persons charged that failure to contest and time provided shall be deemed an admission of liabildefault judgment may be entered thereon.

ice of liability shall be prepared and mailed by the port s duly authorized agent.

r receives a notice of liability pursuant to this section riod during which the vehicle was reported to the police having been stolen, it shall be a valid defense to an albility for a violation of the toll collection regulations uthority that the vehicle had been reported to the police to the time the violation occurred and had not been ch time. If an owner receives a notice of liability purection for any time period during which the vehicle was t as yet reported to the police as having been stolen, it d defense to an allegation of liability for a violation ction regulations of the port authority pursuant to this -e vehicle was reported as stolen within two hours after the theft by the owner. For purposes of asserting the d by this subdivision, it shall be sufficient that a certhe police report on the stolen vehicle be sent by first he court or other entity having jurisdiction.

as defined in subdivision a of this section, who is a icle to which a notice of liability was issued pursuant d of this section shall not be liable pursuant to this violation of the toll collection regulations of the port ided that he or she sends to the port authority serving iability and to the court or other entity having jurisof the rental, lease or other such contract document covcle on the date of the violation, with the name and adssee clearly legible, within fifteen days after receiving uthority or its duly authorized agent the original notice tter in italics is new; matter in brackets [ ] is old law

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 of the port authority provided that the port authority or its duly authorized agent 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 where in the said lessee has the exclusive use of said vehicle for any period of time. For the 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.

8. Except as provided in subdivision f 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 of the port authority 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 the toll collection regulations of the port authority 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. The operator of the vehicle may apply to the court or other entity having jurisdiction to adjudicate the liability imposed under this section to accept responsibility for the violation and satisfactorily discharge all applicable tolls, charges, and penalties related to the violation.

h. "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 port authority or its duly authorized agent 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.

i. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of the toll collection regulations of the port authority. Nothing in this section shall authorize or preclude the port authority from excluding from any of its facilities, in its sole discretion, any or all vehicles found liable under this section as well as other vehicles owned or operated by the owner or operator of such vehicle.

j. 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 the port 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 port authority or its duly authorized agent shall not sell, distribute or make available in any way, the names and addresses of electronic toll collection system account holders, or any information compiled from transactions with such 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.

§ 16-c. Adjudication of liability. Adjudication of the liability imlity posed upon an owner by section 16-a of this act for a violation of the

toll

territorial

LAWS OF NEW YORK, 1992

3065

Collection regulations of the port authority occurring within the the 1imits of the state of New York shall be in accordance with 236 vehicle and traffic law of New York as set forth in sections 235, ha ing 237, 239. 240, 241, 510 and 1809 of such law, or by such entity the port jurisdiction over violations of the toll collection regulations authority occurring within the territorial limits of the of New York, provided that all violations shall be heard and

of

state

curred,

have

Oc

the county in which the violation is alleged to consent of both parties, in any county in the state of New the port authority operates or maintains a facility. An Iiable for a violation of toll collection regulations pursection shall for a first violation thereof be liable for Penalty not to exceed fifty dollars or two times the toll

determined in
York in which
or by
suant to this
found
a monetary

Owner

within

evaded whichever is greater; for a second violation thereof both eighteen months be liable for a monetary penalty not to exceed one hunthird or subsequent violation thereof all within eighteen months be lia

five times the toll evaded whichever is greater; for a

dred dollars Or

ble for

amended by chapter 166 of the laws of 1991, is

follows:

1.

or local law

Notwith s

heretofore

tribunal to he

tuting

parking

liability of O

hundred eleve eleven-a of th violations of

dance with the five of the pu sixteen-c of C hundred fifty

thereto shall

ing sections.

ten times the
a mon e ary penalty not to exceed one hundred fifty dollars or
§ 5.
coll evaded whichever is greater.
Subdivision 1 of section 235 of the vehicle and traffic law, as
amended to read as
anding any inconsistent provision of any general, special
administrative code to the contrary, in any city which
hereafter is authorized to establish an administrative
and determine complaints of traffic infractions consti-
standing or stopping violations, or to adjudicate the
hers for violations of Subdivision (d) of section eleven
of this chapter in accordance with section eleven hundred
chapter, or to adjudicate the liability of owners for
toll collection regulations as defined in and in accor-
provisions of section two thousand nine hundred eighty-
ic authorities law and sections sixteen-a, sixteen-b and
apter seven hundred seventy-four of the laws of nineteen
such tribunal and the rules and regulations pertaining
constituted in substantial conformance with the follow-
ision 1 of section 236 of the vehicle and traffic law, as
er 782 of the laws of 1990, is amended to read' as
In any city as hereinbefore or hereafter authorized such
reated shall be known as the parking violations bureau
jurisdiction of traffic infractions which constitute a
on and, where authorized by local law adopted pursuant to
of section eleven hundred eleven-a of this chapter,
the liability of owners for violations of subdivision
eleven hundred eleven of this chapter in accordance with
even hundred eleven-a, and shall adjudicate the liability
violations of toll collection regulations as defined in
e with the provisions of section two thousand nine hun-
of the public authorities law and sections sixteen-a,
"xteen-c of chapter seven hundred seventy-four of the
en hundred fifty. Such tribunal, except in a city with a
e million or more, shall also have jurisdiction of aban-
violations. For the purposes of this article, a parking
violation of any law, rule or regulation providing for
he parking, stopping or standing of a vehicle. In addi-
es of this article. commissioner" shall mean and include
er of traffic of
city or an official possessing

6.

Subdi

amended by cha P follows:

1. Creation tribunal when and shall ha parking violati subdivision (

fo

shall adjudica (d) of section such section e of owners and in accordaz dred eighty-f. sixteen-b and laws of ninete population of doned vehicle Violation is th or regulating tion for purpos the commission authority as su 5 7. Subdivi chapte adju

added bo

10.

sion (d) of sec with section

local law adopt hundred eleven Sectio

§ 8.

a new subdivis i

EXPLANATION-M.

a

e

the

h a commissioner.
ion 10 of section 237 of the vehicle and traffic law, as
746 of the laws of 1988, is amended to read as follows:
icate the liability of owners for violations of subdivi-
ion eleven hundred eleven of this chapter in accordance
leven hundred eleven-a of this chapter, if authorized by
d pursuant to subdivision (a) of such section eleven
[.];

237 of the vehicle and traffic law is amended by adding
n 11 to read as follows:

ter in italics is new; matter in brackets [ ] is old law

11. To adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty.

§ 9. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by chapter 746 of the laws of 1988, is amended to read as follows:

f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-a of this chapter and shall not be deemed to include a notice of liability issued pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty.

§ 10. Subdivision 4 of section 239 of the vehicle and traffic law, as added by chapter 746 of the laws of 1988, is amended to read as follows: 4. Applicability. The provisions of paragraph b of subdivision two and subdivision three of this section shall not be applicable to determinations of owner liability for the failure of an operator to comply with subdivision (d) of section eleven hundred eleven of this chapter and shall not be applicable to determinations of owner liability imposed pursuant to section two thousand nine hundred eighty-five of the authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty.

public

§ 11. Subdivision 1 of section 240 of the vehicle and traffic law, as amended by chapter 746 of the laws of 1988, is amended to read follows:

as

1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-a of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

on any

§ 12. Subdivision 1-a of section 240 of the vehicle and traffic law, as amended by chapter 746 of the laws of 1988, is amended to read as follows:

1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.

§ 13. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as amended by chapter 746 of the laws of 1988, are amended to read as follows:

a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty

shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.

g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred

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