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S07905 Summary:

BILL NOS07905
 
SAME ASNo Same As
 
SPONSORGOUNARDES
 
COSPNSR
 
MLTSPNSR
 
Amd §2985, Pub Auth L; amd §§510, 401 & 402-b, add §2105-b, V & T L; amd §165.15, Pen L; amd §5230, CPLR; amd §184, add §212, Lien L
 
Relates to enforcement of toll collection regulations and license plate violations; permits registration suspension, seizure and liens.
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S07905 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7905
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 13, 2025
                                       ___________
 
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
 
        AN ACT to amend the public authorities law, the vehicle and traffic law,
          the  penal  law, the civil practice law and rules and the lien law, in
          relation to enforcement of toll  collection  regulations  and  license
          plate violations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 6 of section 2985  of  the  public  authorities
     2  law,  as added by chapter 379 of the laws of 1992, is amended to read as
     3  follows:
     4    6. a. An imposition of liability pursuant to  this  section  shall  be
     5  based  upon  a  preponderance of evidence as submitted. An imposition of
     6  liability pursuant to this section shall not be deemed a  conviction  as
     7  an  operator  and  shall not be made part of the motor vehicle operating
     8  record, furnished pursuant to section three hundred  fifty-four  of  the
     9  vehicle  and  traffic  law,  of  the  person upon whom such liability is
    10  imposed nor shall it be used for insurance purposes in the provision  of
    11  motor vehicle insurance coverage.
    12    b.  Notwithstanding  any  provision of law, rule, or regulation to the
    13  contrary, an imposition of liability pursuant to this section  shall  be
    14  deemed  a  conviction as an operator and shall be made part of the motor
    15  vehicle operating record, furnished pursuant to  section  three  hundred
    16  fifty-four  of the vehicle and traffic law, of the person upon whom such
    17  liability is imposed and shall be used for  insurance  purposes  in  the
    18  provision  of motor vehicle insurance coverage if an operator has unpaid
    19  liabilities pursuant to this section from a series of  convictions,  not
    20  arising  out  of  the same incident, for covering or obscuring a license
    21  plate two or more times within a period of five years  in  violation  of
    22  subparagraph  (ii),  (ii-a) or (iii) of paragraph (b) of subdivision one
    23  of section four hundred two of the vehicle and traffic law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11467-01-5

        S. 7905                             2
 
     1    § 2. Subdivision 4-h of section 510 of the vehicle and traffic law, as
     2  added by section 5 of subpart A of part WW of chapter 56 of the laws  of
     3  2024, is amended to read as follows:
     4    4-h.  Suspension  of  registration  for covering license plates with a
     5  license plate cover or material  appearing  to  be  a  number  plate  or
     6  obscuring  license  plates  with  any  material or substance. [(a)] Upon
     7  receipt of a notification from a court  or  an  administrative  tribunal
     8  that  an owner of a motor vehicle has been convicted three or more times
     9  within a period of five years  of  a  violation  of  subparagraph  (ii),
    10  (ii-a)  or  (iii)  of  paragraph  (b) of subdivision one of section four
    11  hundred two of this chapter not arising out of the  same  incident,  the
    12  commissioner  or  the commissioner's agent may [suspend the registration
    13  of the motor vehicle involved in such violation for a period  of  ninety
    14  days] impose a vehicle identification number block to deny the registra-
    15  tion,  reregistration, renewal, replacement, or transfer of registration
    16  of a vehicle until a tolling authority described in section two thousand
    17  nine hundred eighty-five of the public authorities law advises, in  such
    18  form  and  manner  as  the commissioner shall prescribe, that notices of
    19  liability provided pursuant to such section have been answered and  that
    20  any  tolls,  fees, or other charges associated with the vehicle and such
    21  vehicle's vehicle identification number have been paid to  such  tolling
    22  authority.  The commissioner may, in the commissioner's discretion, deny
    23  [a] an application  for  registration  [or]  ,  reregistration,  renewal
    24  [application  to  any  other  person for the same vehicle and may deny a
    25  registration or renewal application], replacement, or transfer of regis-
    26  tration for any other motor vehicle registered in the name of the appli-
    27  cant where the commissioner has determined that such registrant's intent
    28  has been to evade the purposes of this paragraph and where  the  commis-
    29  sioner  has reasonable grounds to believe that such registration, rereg-
    30  istration, [or] renewal, replacement, or transfer  of  the  registration
    31  will  have the effect of defeating the purposes of this paragraph. [Such
    32  denial shall remain in effect only as long  as  the  suspension  entered
    33  pursuant  of this paragraph remains in effect.] Such vehicle identifica-
    34  tion number block shall only remain in effect until a tolling  authority
    35  described in section two thousand nine hundred eighty-five of the public
    36  authorities  law  advises,  in  such form and manner as the commissioner
    37  shall prescribe, that notices of liability  provided  pursuant  to  such
    38  section have been answered and any tolls, fees, or other charges associ-
    39  ated  with  the vehicle and such vehicle's vehicle identification number
    40  have been paid to such tolling authority.
    41    [(b) Upon receipt of notification from a court  or  an  administrative
    42  tribunal  that  an  owner  of  a motor vehicle has failed to comply with
    43  paragraph (b) or (c) of subdivision eight of section four hundred two of
    44  this chapter, the commissioner or the commissioner's agent  may  suspend
    45  the  registration  of  the  motor vehicle involved in such violation and
    46  such suspension shall remain in effect until such time  as  the  commis-
    47  sioner  is advised that such owner has complied with such paragraphs, as
    48  applicable. The commissioner may, in the commissioner's discretion, deny
    49  a registration or renewal application to any other person for  the  same
    50  vehicle and may deny a registration or renewal application for any other
    51  motor  vehicle registered in the name of the applicant where the commis-
    52  sioner has determined that such registrant's intent has  been  to  evade
    53  the purposes of this paragraph and where the commissioner has reasonable
    54  grounds  to  believe  that  such  registration  or renewal will have the
    55  effect of defeating the purposes of this paragraph.  Such  denial  shall

        S. 7905                             3

     1  remain in effect only as long as the suspension entered pursuant to this
     2  paragraph remains in effect.]
     3    §  3. Subdivision 5-a of section 401 of the vehicle and traffic law is
     4  amended by adding a new paragraph d to read as follows:
     5    d. (i) No person other than a bona fide purchaser of the vehicle in an
     6  arms-length transaction may register,  reregister,  renew,  replace,  or
     7  transfer  the registration of, change the name, address, or other infor-
     8  mation of the registered owner associated with, or change the  registra-
     9  tion  classification of, any vehicle whose vehicle identification number
    10  is associated with a vehicle whose registration has been  suspended,  or
    11  is  subject  to  a pending request from a tolling authority described in
    12  section two thousand nine hundred eighty-five of the public  authorities
    13  law  to suspend such registration, by the commissioner pursuant to para-
    14  graph d of subdivision three of section five hundred ten of  this  chap-
    15  ter.
    16    (ii) The commissioner or the commissioner's agent may impose a vehicle
    17  identification  number  block  to  deny an application for registration,
    18  reregistration, renewal, replacement, or transfer of registration  of  a
    19  vehicle until such tolling authority advises, in such form and manner as
    20  the  commissioner  shall  prescribe,  that notices of liability provided
    21  pursuant to section two thousand nine hundred eighty-five of the  public
    22  authorities  law  have  been answered and that any unpaid tolls, fees or
    23  other charges associated with the vehicle and the vehicle identification
    24  number have been paid to such tolling authority. The  commissioner  may,
    25  in  the commissioner's discretion, deny an application for registration,
    26  reregistration, renewal, replacement, or transfer  of  the  registration
    27  for  any  other  motor  vehicle  registered in the name of the applicant
    28  where the commissioner has determined that such registrant's intent  has
    29  been  to evade the purposes of this paragraph and where the commissioner
    30  has reasonable grounds to believe that  such  registration,  reregistra-
    31  tion,  renewal,  replacement,  or transfer of registration will have the
    32  effect of defeating the purposes of this paragraph.  Such vehicle  iden-
    33  tification  number  block  and  denial shall only remain in effect until
    34  such tolling authority advises, in such form and manner as  the  commis-
    35  sioner  shall  prescribe, that notices of liability provided pursuant to
    36  section two thousand nine hundred eighty-five of the public  authorities
    37  law have been answered and that any unpaid tolls, fees, or other charges
    38  associated  with  the vehicle and the vehicle identification number have
    39  been paid to such tolling authority. Such  discretionary  vehicle  iden-
    40  tification  number  block  and  discretionary  registration  application
    41  denial described herein shall not apply to a bona fide purchaser  in  an
    42  arms-length transaction.
    43    (iii)  For  purposes  of  this  paragraph, a bona fide purchaser in an
    44  arms-length transaction shall mean a vehicle registration applicant  who
    45  provides  a copy of the signed bill of sale or other such contract docu-
    46  ment covering such vehicle to the  commissioner  or  the  commissioner's
    47  agent,  with  the  name  and  address  of  the seller and purchaser, the
    48  purchase date, and the purchase price clearly legible.
    49    § 4. Subdivision 2 of section 402-b of the vehicle and traffic law, as
    50  added by section 4 of subpart A of part WW of chapter 56 of the laws  of
    51  2024, is amended to read as follows:
    52    2. If the vehicle is being driven or operated in violation of subpara-
    53  graph  (ii),  (ii-a)  or  (iii)  of  paragraph (b) of subdivision one of
    54  section four hundred two of this article, such  officer  shall  issue  a
    55  summons,  provided,  however,  that a summons shall not be issued if, in
    56  the discretion and at  the  request  of  such  officer,  the  defect  is

        S. 7905                             4
 
     1  corrected in the presence of such officer. The refusal of a police offi-
     2  cer  to  permit  the repair of any defect in their presence shall not be
     3  reviewable, and shall not be a defense to any  violation  charged  in  a
     4  summons  issued  pursuant  to  the provisions of this section. Provided,
     5  however, that if the defect is not corrected by the driver  or  operator
     6  at  the  time  a  summons  is issued, the officer shall be authorized to
     7  correct such defect by  seizing  and  confiscating  any  material  which
     8  obscures,  distorts,  or  alters  a  number  plate  in  violation of the
     9  provisions of section four hundred two of this article.
    10    § 5. The vehicle and traffic law is amended by adding  a  new  section
    11  2105-b to read as follows:
    12    §  2105-b.  Liens  on  motor  vehicles for failure to make payments of
    13  tolls, fees and other charges.  (a) The commissioner, on behalf  of  the
    14  department,  shall  prescribe  the  procedures  for creation of security
    15  interests on vehicles in favor  of  the  Triborough  bridge  and  tunnel
    16  authority  as provided for in section two hundred twelve of the lien law
    17  and subdivision eight of section two thousand nine  hundred  eighty-five
    18  of the public authorities law.
    19    (b) Such procedures shall include:
    20    (1)  notification that the Triborough bridge and tunnel authority will
    21  provide to the department of a security interest arising for failure  to
    22  make  payments  of  tolls,  fees,  or  other  charges, including how the
    23  authority and department will determine that  the  person  against  whom
    24  such lien will be imposed is the person owing such arrears;
    25    (2)  notification  from  the Triborough bridge and tunnel authority to
    26  the department that an individual has satisfied the  security  interest;
    27  and
    28    (3)  such  other  matters  that the department shall deem necessary to
    29  carry out the provisions of this section, section two hundred twelve  of
    30  the  lien law and subdivision eight of section two thousand nine hundred
    31  eighty-five of the public authorities law.
    32    (c) A security interest arising under section two  hundred  twelve  of
    33  the  lien law and entered into the records of the department pursuant to
    34  this article shall be listed on  any  subsequent  certificate  of  title
    35  issued to such person for the same or any other vehicle.
    36    §  6.  Paragraph  (b)  of  subdivision 8 of section 2985 of the public
    37  authorities law, as added by section 6 of subpart A of part WW of  chap-
    38  ter 56 of the laws of 2024, is amended to read as follows:
    39    (b)  Upon  exhaustion  of remedies pursuant to this section or section
    40  twenty-nine hundred eighty-five-a of this title, as applicable, the  New
    41  York  state  bridge  authority, thruway authority, triborough bridge and
    42  tunnel  authority,  metropolitan  transportation  authority,  and   port
    43  authority  of  New  York  and  New  Jersey, a bi-state agency created by
    44  compact set forth in chapter one hundred fifty-four of the laws of nine-
    45  teen hundred twenty-one, shall have the power  to  enter  judgments  for
    46  unpaid  liabilities,  provided  that such unpaid liabilities include the
    47  failure to pay tolls, fees, or other charges or the failure to have such
    48  tolls, fees or other charges dismissed or  transferred  in  response  to
    49  three  or  more  notices  of  violation issued within a five year period
    50  charging the registrant of a motor vehicle  with  a  violation  of  toll
    51  collection  regulations,  and  to  enforce  such  judgments, which shall
    52  include vehicle seizure, without court proceedings, in the  same  manner
    53  as  the  enforcement of money judgments in civil actions in any court of
    54  competent jurisdiction or any other place  provided  for  the  entry  of
    55  civil  judgment  within  the state of New York, after a period of notice
    56  pursuant to paragraph (c) of this subdivision.  The  applicable  tolling

        S. 7905                             5
 
     1  authority  shall  not  enforce  such  judgments  until  thirty days have
     2  elapsed from issuing a notice pursuant to paragraph (c) of this subdivi-
     3  sion.
     4    §  7.  Subdivision  3 of section 165.15 of the penal law is amended to
     5  read as follows:
     6    3. With intent to obtain railroad, subway, bus, air, taxi or any other
     7  public transportation service or to access any tolled highway,  parkway,
     8  road,  bridge,  tunnel,  or  tolled  central  business  district without
     9  payment of the lawful charge or toll therefor, or to  avoid  payment  of
    10  the  lawful  charge  or  toll  for such transportation service or access
    11  which has been rendered to [him]  them,  [he  obtains]  they  obtain  or
    12  [attempts]  attempt to obtain such service or access to any tolled high-
    13  way, parkway, road, bridge, tunnel, or tolled central business  district
    14  or  [avoids]  avoid  or  [attempts] attempt to avoid payment therefor by
    15  force, intimidation, stealth, deception, or mechanical tampering, or  by
    16  unjustifiable failure or refusal to pay; or
    17    §  8.  Subdivision  (b)  of section 5230 of the civil practice law and
    18  rules, as amended by chapter 831 of the laws of 2021, is amended to read
    19  as follows:
    20    (b) Issuance. At any time before a judgment or order is  satisfied  or
    21  vacated, an execution may be issued from the supreme court, county court
    22  or a family court, in the county in which the judgment was first docket-
    23  ed,  by the clerk of the court or the attorney for the judgment creditor
    24  as officer of the court, to the sheriffs of one or more counties of  the
    25  state,  to  the metropolitan transportation authority police department,
    26  or to peace officers of  the  triborough  bridge  and  tunnel  authority
    27  directing  each of them to satisfy the judgment or order out of the real
    28  and personal property of the judgment debtor or obligor  and  the  debts
    29  due  to [him or her] them. Provided, however, if the applicable interest
    30  rate changes pursuant to section five  thousand  four  of  this  chapter
    31  while  an  execution  is  ongoing, the clerk of the court of the supreme
    32  court, county court or a family court, in the county in which the  judg-
    33  ment  was  first  docketed, or the attorney for the judgment creditor as
    34  officer of the court, shall be authorized to issue an amended  execution
    35  to  the  sheriffs of one or more counties of the state, to the metropol-
    36  itan transportation authority police department, or to peace officers of
    37  the triborough bridge and tunnel authority and  shall  issue  [an]  such
    38  amended execution within sixty days of the effective date of the chapter
    39  of  the  laws of two thousand twenty-one which amended this subdivision,
    40  effective as of the date  of  the  rate  change.  Provided  however,  an
    41  execution  issued  pursuant to this paragraph to the metropolitan trans-
    42  portation authority police  department  or  to  peace  officers  of  the
    43  triborough  bridge  and  tunnel  authority  may only be issued where the
    44  execution relates to a judgment for which such authority is the judgment
    45  creditor. Where the judgment or order is for support and is  payable  to
    46  the  support  collection  unit  designated  by  the  appropriate  social
    47  services district, such unit shall be authorized to issue the  execution
    48  and  to satisfy the judgment or order out of the real and personal prop-
    49  erty of the judgment debtor or obligor and the debts due to [him or her]
    50  them.
    51    § 9. Subdivision (d) of section 5230 of the  civil  practice  law  and
    52  rules,  as amended by chapter 59 of the laws of 1993, is amended to read
    53  as follows:
    54    (d) Records of sheriff  or  support  collection  unit.  Each  sheriff,
    55  metropolitan  transportation  authority police department, peace officer
    56  of the triborough bridge and tunnel authority or support collection unit

        S. 7905                             6
 
     1  shall keep a record of executions delivered showing  the  names  of  the
     2  parties  and  the  judgment  debtor  or  obligor; the dates of issue and
     3  return; the date and time of delivery, which shall be endorsed upon  the
     4  execution;  the  amount due at the time the execution was delivered; and
     5  the amount of the judgment or order and of the sheriff's fees unpaid, if
     6  any, at the time of the return.
     7    § 10. Subdivision 1 of section 184 of the  lien  law,  as  amended  by
     8  chapter 137 of the laws of 1984, is amended to read as follows:
     9    1. A person keeping a garage, hangar or place for the storage, mainte-
    10  nance, keeping or repair of motor vehicles as defined by the vehicle and
    11  traffic  law, or of motor boats as defined by article seven of the navi-
    12  gation law, or of aircraft as defined by article fourteen of the general
    13  business law, and who in connection therewith tows,  stores,  maintains,
    14  keeps or repairs any motor vehicle, motor boat, or aircraft or furnishes
    15  gasoline  or  other supplies therefor at the request or with the consent
    16  of the owner or who, subject to the provisions  of  subdivision  two  of
    17  this  section, tows and stores any motor vehicle at the request of a law
    18  enforcement officer authorized to remove such motor vehicle, whether  or
    19  not  such motor vehicle, motor boat or aircraft is subject to a security
    20  interest, or who has entered a judgment for failure to pay tolls,  fees,
    21  or  other  charges pursuant to subdivision eight of section two thousand
    22  nine hundred eighty-five of the public authorities law, has a lien  upon
    23  such  motor  vehicle,  motor  boat  or aircraft for the sum due for such
    24  towing, storing, maintaining, keeping or repairing of such  motor  vehi-
    25  cle, motor boat or aircraft or for furnishing gasoline or other supplies
    26  therefor  and  may  detain such motor vehicle, motor boat or aircraft at
    27  any time it may be lawfully in [his] their possession until such sum  is
    28  paid,  except  that  if  the  lienor, subsequent to thirty days from the
    29  accrual of such lien, allows the motor vehicle, motor boat  or  aircraft
    30  out  of  [his]  their  actual  possession  the lien provided for in this
    31  section shall thereupon become void as against all  security  interests,
    32  whether or not perfected, in such motor vehicles, motor boat or aircraft
    33  and  executed  prior  to  the  accrual  of  such  lien,  notwithstanding
    34  possession of such motor vehicle, motor boat or aircraft  is  thereafter
    35  acquired  by  such lienor. Notwithstanding any other provision of law to
    36  the contrary, possession of a motor vehicle is not required for a lienor
    37  who has entered a judgement for failure to pay  tolls,  fees,  or  other
    38  charges  against  such  motor  vehicle  pursuant to subdivision eight of
    39  section two thousand nine hundred eighty-five of the public  authorities
    40  law.  However,  if the bailee of a motor vehicle, motor boat or aircraft
    41  has furnished a written estimate of the cost of towing, storage, mainte-
    42  nance, repair or any other service on such motor vehicle, motor boat  or
    43  aircraft,  any lien sought by such bailee for such service may not be in
    44  an amount in excess of the written estimate.
    45    § 11. The lien law is amended by adding a new section 212 to  read  as
    46  follows:
    47    §  212. Arrears/past due tolls, fees and other charges. 1. The tribor-
    48  ough bridge and tunnel authority shall  have  a  lien  against  personal
    49  property  upon  the  entry  of judgment pursuant to subdivision eight of
    50  section two thousand nine hundred eighty-five of the public  authorities
    51  law  for  failure to pay tolls, fees, or other charges. In the case of a
    52  vehicle, as defined in subdivision (n) of section twenty-one hundred one
    53  of the vehicle and traffic law, such lien shall be  perfected  with  the
    54  department  of  motor  vehicles.  The filing of a notice of lien or of a
    55  release of lien shall be completed without payment of a fee. The  filing
    56  of notice of lien or release of lien may be done by electronic means.

        S. 7905                             7
 
     1    2.  The  state shall accord full faith and credit to liens which arise
     2  in another state when such state agency, party, or other entity  seeking
     3  to  enforce  such  a lien complies with the procedural rules relating to
     4  such liens as provided for in article forty-six of the vehicle and traf-
     5  fic  law  or  this article as is appropriate. Such rules may not require
     6  judicial notice or hearing prior to  enforcement  of  such  a  lien  and
     7  enforcement shall be governed by this article.
     8    § 12. This act shall take effect immediately.
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