A 8860: Relates to enforcement of toll collection regulations and license plate violations; permits registration suspension, seizure and liens.

  
  STATE OF NEW YORK ________________________________________________________________________ 8860 2025-2026 Regular Sessions  IN ASSEMBLY June 9, 2025 ___________ Introduced by M. of A. DAIS -- read once and referred to the Committee on Corporations, Authorities and Commissions 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 
 A. 8860 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 
 A. 8860 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 
 A. 8860 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 
 A. 8860 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 
 A. 8860 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. 
 A. 8860 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.