I have two daughters, each drive their own car. A few weeks ago we and one daughter went to the airport using her car. I have an EZ pass account, which allows me to go through most tolls without stopping and have the tolls paid automatically, and have a second EZ Pass device that my daughters share among themselves. The EZ Pass device was not in the car when we went to the airport that day, I like usual, went through the EZ Pass lane, Now I got a fine ($100) for not using the EZ Pass device. We want to know who should pay this fine, Me (the driver) or my daughter .
Obviously this is not a “Din Torah” among family, we just want to know what the right thing to do is. (Also I think it is good Chinuch to decide the issue in this way.)
I could go to a Bais Din here in Lakewood, but It is more convient to do it via email. please write me if you need more information, or if there is a fee for this.
Answer:
In principle, the owner of the car must pay the fine. If the owner of the car allows somebody else to drive his car, knowing that the driver will be driving in the EZ Pass Lane, it is up to the owner to insure that car has the EZ device installed and ready.
If, however, the driver was not expected to drive in the EZ Pass Lane, and he did so from his own volition, without consulting with the owner, the driver will be liable to refund the car owner.
In the specific case, assuming that driving in the EZ Pass Lane was predictable, it was your daughter’s responsibility (as the owner of the car) to insure the device was installed, and she will have to foot the bill.
Best wishes.
Thank you very much,, one point I did not mention, the car in question is actually owned by me, however my daughter is the de facto owner in that she uses it, and pays for repairs and maintenance etc. does that change anything?
IYH I plan to send my yearly donation preempting your call. Thank you Hatzlcho!!
Even if you are the formal owner of the car, and the bill for the EZ violation is therefore sent to you, your daughter will be liable (under the conditions mentioned above) if the car is in her de facto ownership, and she is the responsible party for ensuring the EZ Pass is present. The reason for this is because she is considered to have caused you the “damage.” Just as she would pay a speeding fine is she was caught speeding (even though you get the bill, since its your car), she has to pay the EZ fine (this is considered a case of dina de-garmi).
Thanks for the donations plans, and best wishes once more.
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