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discharge of its duties under this section and shall not be open to the public

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

the and addresses of electronic toll collection system account holders, without such account holders' consent to any entity that will 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 agreein: with the state of New Jersey with respect to rules and regulations governing traffic

vehicular crossings operated by the port of New York authority, is amended by adding a new section 16-a to read as follows:

§ 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.

§ 4. Chapter 774 of the laws of 1950, relating to agreeing with the state of New Jersey with respect to rules and regulations governing traffic vehicular crossings operated by the port of New York authority, is amended by adding two new sections 16-b and 16-0 to read as follows:

§ 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 port authority occurring within the territorial limits of the state of New York in accordance with the following:

For the purposes of this section, the term "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor, 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; (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) 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 tern "operator" shall any person,, corporation, firm,

partnership, agency, association, organization or lessee that

operates vehicle with 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 produces 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 traffic in

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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 to attempt to evade the payment of such tolls or other charges. For purposes of this section, the term "vehicle" shall mean every device

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which a person property, is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails tracks.

b. A certificate, Sworn to affirmed by an agent of the port authority, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a photo-monitoring system shall be prima facie evidence of the facts tained therein and shall be admissible in any proceeding charging a violation of toll collection regulations of the port authority, provided that any photographs, microphotographs, videotape or other recorded inages evidenc ing such' a violation shall be available for inspection and admission into evidence in any proceeding to adjudicate the liability for such violation.

C. An imposition of liability pursuant to this section shall be based upon a preponderance of evidence as submitted. An imposition of liability pursuant to this section shall not be deemed a conviction of an operator and shall not be made part of the motor vehicle operating record, furnished pursuant to section 354 of the vehicle and traffic law, of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.

d. (i) A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner for a violation pursuant to this section of the toll collection regulations of the port authority. Such notice shall be mailed no later than thirty days after the alleged violation. Personal delivery on the owner shall not be required. A manual or automatic record of mailing, prepared in the ordinary course of business shall be prima facie evidence of the mailing of the notice.

(ii) A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of the toll collection regulations of the port authority pursuant to this section, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the photo-monitoring system which recorded the violation or other document locator number.

(111) The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
(iv) The notice of liability shall be prepared and mailed by the port
authority or its duly authorized agent.

e. If an owner receives a notice of liability pursuant to this section
for any time period during which the vehicle was reported to the police
department as having been stolen, it shall be a valid defense to an al-
legation of liability for a violation of the toll collection regulations
of the port authority that the vehicle had been reported to the police
as stolen prior to the time the violation occurred and had not been
recovered by such time. If an owner receives a notice of liability pur-
suant to this section for any time period during which the vehicle
stolen, but not as yet reported to the police as having been stolen, it
shall be a valid defense to an allegation of liability for violation
of toll collection regulations of the port authority pursuant to this
section that the vehicle was reported as stolen within two hours after
discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it shall be sufficient that a cer-
tified copy of the police report on the stolen vehicle be sent by first
class mail to the court or other entity having jurisdiction.

as defined in subdivision a of this section, who is a lessor of a vehicle to which a notice of liability was issued pursuant to subdivision d of this section shall not be liable pursuant to this section for the violation of the toll collection regulations of the port authority provided that he or she sends to the port authority serving the notice of liability and to the court or other entity having juris diction a copy of the rental, lease or other such contract document covering such vehicle on the date of the violation, with the name

and address of the lessee clearly legible, within fifteen days after receiving from the port authority or its duly authorized agent the original notice EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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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

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 provided in subdivision f of this section, if a person receives a notice of liability pursuant to this section it shall be 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 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 adopt ing procedures for the preparation and mailing of a notice of liability, the port authority 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.

í. 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

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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

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

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 make available in any way, the names and addresses of electronic toll collection system account holders, 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. Ad judication of liability. Ad judication of the liability imposed upon an owner by section 16-á of this act for a violation of the

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toll collection regulations of the port authority occurring within the
territorial limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth in sections 235,
236, 237, 239, 240, 241, 510 and 1809 of such law, by such entity
having jurisdiction over violations of the toll collection regulations
of the port authority occurring within the territorial limits of the
state of New York, provided that all violations shall be heard and
determined in the county in which the violation is alleged to have
curred, or by consent of both parties, in any county in the state of New
York in which the port authority operates or maintains facility. An
owner found liable for a violation of toll collection regulations pur-
suant to this section shall for a first violation thereof be liable for
a monetary, penalty not to exceed fifty dollars or two times the toll
evaded whichever is greater; for a second violation thereof both within
eighteen months be liable for a monetary penalty not to exceed one hun-
dred dollars or five times the toll evaded whichever is greater; for
third or subsequent violation thereof all within eighteen months be lia-
ble for a monetary penalty not to exceed one hundred fifty dollars
ten times the toll evaded whichever is greater.

§ 5. Subdivision 1 of section 235 of the vehicle and traffic law, as
amended by chapter 166 of the laws of 1991,

amended to read follows:

1. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any, city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constițuting, parking, standing or stopping violations, or to adjudicate the liability of owners for violations of Subdivision id) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or 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, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.

6. Subdivision 1 of section 236 of the vehicle and traffic law, amended by chapter 782 of the laws of 1990, is amended read follows:

1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-a of this chapter, shall adjudicate the liability of owners for violations of subdivision (d), of section eleven hundred eleven of this chapter in accordance with such section eleven hundred eleven-a, and shall ad judicate 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, șixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of abandened vehicle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for ei on regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, commissioner" shall mean and include the commissioner of traffic of the

city

or an official possessing authority as such a commissioner.

9 7 Subdivision 10 of section 237 of the vehicle and traffic law, as added by chapter 746 of the laws of 1988, is amended to read as follows: 10. To adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, if authorized by local law adopted pursuant to subdivision (a) of such section eleven 98. Section 23 of the vehicle and traffic law is amended by adding a new subdivision 11 to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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11. To ad judicate 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"

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 eleyen-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-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 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.

§ 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:

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

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 any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

§ 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 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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