N.J. cracking down on toll cheats, including ‘ghost tag’ users

Gov. Phil Murphy has signed two new laws designed to cut down on toll cheats in New Jersey.

One sets up uniform enforcement and an appeals process for repeat offenders and another tightens security of temporary tags and stiffens penalties for fakes sold by dealers. Murphy signed both laws Tuesday.

The toll measure (A5799) allows the New Jersey Department of Transportation to work with the state Motor Vehicle Commission to suspend the vehicle registrations of chronic violator. Passed 33-0 by the state Senate last week, part of the law’s goal is to stem the loss of revenue caused by repeat offenders, which cost New Jersey toll authorities $117 million in 2022.

“I am thankful to see Governor Murphy sign this bill into law,” said state Assemblyman William Moen Jr., D-Camden, a sponsor of the bill. “I know what positive impact this will have for our tolling agencies. It allows our tolling agencies to have greater support from the NJDOT adding another tool in their toolbox, to increase efficiency while embracing new technology.”

The law applies to drivers with $500 or more in unpaid tolls and fees and offers an amnesty period with a 25% reduction off the $500 or more owed if all outstanding tolls are paid in full. That one time program will run for 180 days from the effective date of the law.

Before the new law was passed, only the Turnpike Authority had the ability to ask the Motor Vehicle Commission to suspend a driver’s vehicle registration privilege.

The law also allows the state DOT to negotiate reciprocity agreements with other state toll agencies to suspend the registrations of out-of-state toll violators. “A more tangible benefit is that the law provides an avenue for those agencies to pursue in-state and out-of-state toll violators, which cost the state $117 million in 2022,” Moen said.

The law establishes an appeal process for drivers who believe a toll violation is incorrect. This process would not require a person to appear in person to make an appeal. “The law also provides a path for an owner of the motor vehicle to address or appeal any unjustified violations, which is an important function,” Moen said.

Losses from unpaid tolls totaled $56.2 million for the New Jersey Turnpike and Garden State Parkway combined, and “almost $40 million” at the Port Authority of New York and New Jersey, according to the agencies. The bi-state Delaware River Joint Toll Bridge Commission reported a loss of $20 million in unpaid tolls in 2022. Its eight toll bridges support 12 toll-free bridges.

The Delaware River Port Authority which has gone 13 years without raising tolls lost $3 million in 2022.

“DRPA is glad to have the additional tools provided by the legislation to collect unpaid tolls,” said Mike Williams, a spokesperson. “The ability to collect unpaid tolls will help to offset some of the persistent revenue losses the DRPA has faced since the pandemic.”

The National Motorist Association asked Murphy to veto the bill because amendments removed “due process” language that would have provided an administrative hearing and an appeal to the Office of Administrative Law, which it argued is a more formalized process and provides an appeal to a higher authority.

“What NJDOT will do is narrower than E-ZPass customer service or the NY state office of the toll payer advocate,” said Steve Carrella, the association’s state policy director. “NJDOT will just deal with unpaid tolls when the threshold is reached. The mindset will be guilty until the motorist can prove their innocence, given the reason for creating this adjudicate and enforce process in NJDOT.”

“The answer could be in how the law is implemented, he said. A quick administrative order is an option but only lasts 18 months,” Carrellas said. “To continue, the standard administrative rule-making process has to be followed which includes public comment.”

The rule-making process will offer an opportunity to fix problems in the first 18 months, he said.

A second law signed by Murphy tightens up regulations on temporary license plates or paper tags issued by car dealers. The measure (A4084) increase fines for dealers that sell fraudulent “ghost tags” and drivers that use them to evade tolls and drive unregistered vehicles.

MTA CEO Janno Lieber held up a fake New Jersey Temporary tag at a May 2022 press conference. announcing an MTA crackdown on fake and obscured license plates used by toll cheats.

In 2023, the MTA and police impounded 143 vehicles owing $3.2 million in tolls and fines during multiple enforcement blitzes at the Verrazzano-Narrows Bridge, where many impounded vehicles had paper tags from New Jersey.

During May 2023 transportation budget hearings, lawmakers questioned state Motor Vehicle Commission officials after a Streetsblog investigation revealed that paper tags could be bought from some New Jersey dealers online without purchasing a vehicle from them.

That led state Senate Majority Leader Teresa Ruiz, D-Essex, and state Sen. Nilsa Cruz-Perez, D-Camden, to introduce the legislation that Murphy signed Tuesday.

The new law cracks down on both dealers who sell these tags and those who buy them by making the transactions a fourth-degree crime and possession of a fake tag a disorderly persons offense.

Dealers who violate the law face increased penalties of $2,500 for a first offense and $5,000 for subsequent offenses. Each temporary license plate issued that violates the law is considered a separate offense. Fourth degree crimes carry penalties of up to 18 months in jail, up to a $10,000 fine, or both.

The Motor Vehicle Commission also can suspend or revoke the license of a dealer who commits multiple violations or is convicted of violating the new law, after a hearing.

Drivers who buy, possess, or use fake temporary tags face up to six months imprisonment, up to a $1,000 fine or both if charged as a disorderly person. Drivers charged as a petty disorderly person face up to 30 days in jail, up to a $500 fine, or both under the new law.

“Those two bills together will put New Jersey on higher platform to address the ghost tag issue,” Moen said.

Stories by Larry Higgs

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Larry Higgs may be reached at lhiggs@njadvancemedia.com. Follow him on X @CommutingLarry

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