BILL NUMBER: S7905
SPONSOR: GOUNARDES
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow for improved enforcement of toll violation laws and provide
public authorities more effective tools to crack down on toll evasion
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 2985 of the Public Authorities Law (PAL) to
establish that a conviction for obscuring a license plate three or more
times within a five-year period shall be deemed a conviction of an oper-
ator and shall be made a part of the motor vehicle operating record, so
that points can accrue on a driver's license record and information
about convictions can be shared with insurance companies.
Section 2 amends Section 510 of the Vehicle and Traffic Law (VTL) to
permit the Commissioner of Motor Vehicles to impose a vehicle identifi-
cation number (VIN) block for three or more convictions within a five-
year period for obscuring a license plate. The VIN block would be lifted
when the recidivist offender responds to the notices of liability and
pays the outstanding tolls, fees, or other charges.
Section 3 amends Section 401 of VTL to establish that no one except a
bona fide purchaser in an arms length transaction is allowed to register
or re-register vehicles with a VIN block, closing a loophole by which
ghost plate offenders will immediately re-register their vehicles in
their spouses' names to get around the DMV's registration suspension.
Section 4 amends Section 402-b of VTL to allow for the seizure and
confiscation of plate coverings. This will replace the current system by
which police officers can issue a summons for an illegal plate covering
but cannot actually remove the illegal material covering the plate.
Section 5 adds a new section 2105-b to VTL to establish a lien for
nonpayment of tolls and to impose liens on motor vehicles for failure to
make toll payments pursuant to PAL Section 2985(8)(b).
Section 6 amends Section 2985 of the Public Authorities Law to explicit-
ly establish that vehicle seizure is included in judgment enforcement.
Currently oNx the New York City or a local county sheriff can enforce
against vehicle judgments, bit Yicitthe public authorities themselves to
whom the tolls are owed.
Section 7 amends Section 165.15 of the Penal Law to establish nonpayment
of tolls in the definition of Theft of Services.
Section 8 amends Section 5230 the Civil Practice Law and Rules (CPLR) to
authorize the Metropolitan Transportation Authority (MTA) police depart-
ment and peace officers of the Triborough Bridge and Tunnel Authority
(TBTA) to satisfy judgments.
Section 9 makes a conforming amendment to CPLR Section 5230 regarding
records of executions that county sheriffs, the MTA police department,
TBTA peace officers, or support collection units of a social services
district must keep when they satisfy judgments.
Section 10 amends subdivision 1 of Section 184 of the Lien Law to
authorize a lien pursuant to a PAL Section 2985(8)(b) judgment and to
clarify that physical possession of the motor vehicle is not required by
a public authority in order for the lien created in this subdivision to
take effect.
Section 11 adds new Section 212 to the Lien Law to establish a lien for
nonpayment of tolls for arrears for unpaid tolls, to require the lien to
be filed and approved with the DMV, and to provide that the state accord
full faith and credit to liens that arise in another state where such
other state complies with the procedural rules for liens.
Section 12 sets the effective date.
 
JUSTIFICATION:
The FY25 Enacted Budget included new tools to fight toll evasion on MTA
bridge and tunnel facilities. These included prohibitions against cover-
ing license plates, the sale of so-called "vanish plates," fines for
using plate covering devices, potential registration suspensions, and
the ability for MTA to enter judgments for unpaid toll violations.
However, persistent toll violators continue to seek and find loopholes
in these laws, and it is now clear that further changes to the law are
needed. Without the ability to confiscate license plate coverings, for
example, toll violators are empowered to drive off and continue avoiding
tolls. Violators have realized that re-registering their vehicles under
a family member's name allows them to continue driving even after a DMV
suspension should have stopped them. And existing authorized authorities
can't keep up with enforcing the quantity of judgments that are entered
for persistent toll violators rendering an otherwise meaningful enforce-
ment tool essentially toothless.
Improved enforcement methods are crucial to maintain efficient oper-
ations, ensure safety, and protect public revenues. Tolls that are not
collected represent fewer resources available for the MTA's subway, bus,
and commuter railroad services. These resources could help pay for crit-
ical capital investments like accessibility improvements, station reno-
vations, and modern signal systems.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS:
TBTA has collected 95% of owed tolls but unpaid toll bills and unread-
able plates have resulted in roughly $1.3 billion in "lost" tolls since
2018.
Of that, obscured plates result in roughly $50 million in unbillable
tolls annually. Closing loopholes in the 2024 laws and improving
enforcement would recover some of this lost revenue and deter future
violations.
 
EFFECTIVE DATE:
Immediate

Statutes affected:
S7905: 2985 public authorities law, 2985(6) public authorities law, 510 vehicle and traffic law, 510(4-h) vehicle and traffic law, 401 vehicle and traffic law, 401(5-a) vehicle and traffic law, 402-b vehicle and traffic law, 402-b(2) vehicle and traffic law, 2985(8) public authorities law, 165.15 penal law, 165.15(3) penal law, 5230 civil practice law, 184 lien law, 184(1) lien law