LEGISLATION PASSED AND SIGNED INTO LAW REGARDING EXEMPTION FOR VOLUNTEERS FROM THRUWAY TOLLS WHEN RESPONDING
Governor David Paterson has signed into law (Chapter 23) legislation sponsored by Senator David Valesky and Assemblywoman Francine DelMonte (A 901-A, S 2831-A) legislation amending Town law and Public Authorities law allowing the Thruway Authority to issue refunds for tolls incurred by ambulances or fire vehicles engaged in an emergency operation.
Although the statute's ultimate effective date is June 1, 2012 the law provides for immediate rulemaking necessary to meet the timely implementation of this act. It is expected that Fire Districts, Departments and Ambulance Squads will be notified of the ensuing rulemaking process well in advance of the effective date so appropriate Treasurers understand the application or refund process applicable to their Department.
The legislation was authored to react to emergency situations where every second counts. It is intended to provide emergency vehicles with fast and free Thruway access while at the same time preserving the regulatory flexibility of the Authority's oversight. The Authority would be permitted to determine the method by which the free access would be provided either by refunding the tolls or issuing a permit.
The option of refunding tolls or issuing emergency services permits for use by emergency vehicles which can provide for travel at no change between interchanges exists only when such vehicles are engaged in emergency operation. In such cases, the amendments to Town Law requires the fire district treasurer be responsible for filing any paperwork necessary to obtain permits or secure any refunds as provided by the new law.
The term emergency operation is deemed to mean that which is defined in Section 114 B of the Vehicle and Traffic Law. The terms ambulance and fire vehicle are also found defined in New York's Vehicle and Traffic Law. Volunteers are urged to review these definitions in FASNY's Fire Service Laws of the State of New York before applying for toll reimbursement or Thruway permits.
The new statute also provides for the Thruway Authority to conduct an audit done by a CPA that can demonstrates the fiscal prudence of issuing refunds or permits. If this new section of law causes significant loss of revenue the Authority Board can offer refunds or permits at a discounted rate rather than entirely free.