The state of Massachusetts no longer operates toll booths along some of its toll roads. You either have an EZ Pass, or (for +$0.60 more) you get a photo taken of your plate, and a bill mailed to you, which is online or check only, no cash option.
Or you stay off the toll roads, I guess.
IDK what NY's policy is, but it is rather hard to cross the southern Hudson without toll.
If you're renting a car, and you don't have an EZ Pass, some rental agencies will also charge some pretty ridiculous fees (we were once charged ~$25 for a single toll!), which pretty much forces you down the EZ Pass route, or onto some really odd paths to avoid incurring that charge. (In our case, we didn't even realize we'd driven on a toll road, and actually requested proof of such when the bill came. Sure enough, we had.)
If Massachusetts says you owe money, they must accept cash. That's the point of cash being "legal tender", you cannot refuse it if someone is trying to settle a debt. That said, it might be really hard to figure out how to pay in cash.
EZ Pass website says debts can be settled in cash at their service centers. So yes you can settle in cash, but it is likely a massive pain to do as you suggest. Their site also says you can prepay your tolls in cash, to have account in credit, using the same service centers. I suspect almost no one does.
"Cash or Credit/Debit cards are accepted at any of our Customer Service Centers."
… so at the time of the example, I would have needed to travel ~3,000 mi, then.
And… you have to sign up, get a transponder, keep said transponder in your car and allow them to track your movements with it. (Which, admittedly, they can probably already do by reading license plates. Might as well just broadcast it on radio?)
That's potentially interesting: legal tender means it must be accepted to settle certain debts and contractual obligations, but it doesn't mean you must accept it for transactions.
Something like EZ pass seems potentially gray area; can they just say "well don't use these roads if you don't like the payment terms" ?
I suspect you are right that with a state agency they probably have to provide some way for you to settle a debt (plus possible penalties) in cash, but they don't have to make it convenient.
If there was a gate at the entrance to the road and they verified you had an EZ Pass before letting you drive onto their road, sure. It's the same as a coffee shop not giving you any coffee until you've paid using a credit card.
If they put up a sign that said "don't use these roads if you don't like the payment terms" and then you drove on the road anyway, that would technically form a contract between EZ Pass and the driver. However, contracts are made to be broken and any damages would be payable in cash so we're back to the start.
The legal tender thing has nothing to do with the agency being part of the state. Private debtors must also accept cash.
Right, debtors do but merchants don't. And merchants can put terms on it, which was the point I wanted to make.
If the sign says, "you can use this toll road if you either use EZ pass or accept our pay-by-mail system", then there seems to be no reason you have to include "cash" as one of the options.
Of course if you fail to pay, then you do owe them a debt (fee + penalties + whatever) and I think you are right they have to somehow accept cash, but that doesn't have to be made easy for you. Agree its not a state vs. private issue, I should have been clearer.
Or you stay off the toll roads, I guess.
IDK what NY's policy is, but it is rather hard to cross the southern Hudson without toll.
If you're renting a car, and you don't have an EZ Pass, some rental agencies will also charge some pretty ridiculous fees (we were once charged ~$25 for a single toll!), which pretty much forces you down the EZ Pass route, or onto some really odd paths to avoid incurring that charge. (In our case, we didn't even realize we'd driven on a toll road, and actually requested proof of such when the bill came. Sure enough, we had.)