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2016 SESSION
16104010DBe it enacted by the General Assembly of Virginia:
1. That §§ 33.2-503, 33.2-504, 46.2-819, 46.2-819.1, 46.2-819.3, 46.2-819.3:1, 46.2-819.5, and 46.2-819.6 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 1.1 of Chapter 8 of Title 46.2 sections numbered 46.2-819.8 and 46.2-819.9 as follows:
§ 33.2-503. HOT lanes enforcement.
Any person operating a motor vehicle on designated HOT lanes
shall make arrangements with the HOT lanes operator for payment of the required
toll prior to entering such HOT lanes. The
driver operator
of a vehicle who enters the HOT lanes in an unauthorized vehicle, in violation
of the conditions for use of such HOT lanes established pursuant to § 33.2-502,
without payment of the required toll or without having made arrangements with
the HOT lanes operator for payment of the required toll shall have committed a
violation of this section, which may be enforced in
the following manner:
1. On a form prescribed by the Supreme
Court, a summons for civil a
violation of this section may be executed by a law-enforcement officer, when
such violation is observed by such officer. The form shall contain the option
for the driver operator
of the vehicle to prepay the unpaid toll and all penalties, administrative
fees, and costs.
2. a. A HOT lanes operator shall install and operate, or cause to be installed or operated, a photo-enforcement system at locations where tolls are collected for the use of such HOT lanes.
b. A summons for civil a
violation of this section may be executed pursuant
to this subdivision, when such violation is evidenced by information obtained
from a photo-enforcement system as defined in this chapter. A certificate,
sworn to or affirmed by a technician employed or authorized by the HOT lanes
operator, or a facsimile of such a certificate, based on inspection of
photographs, microphotographs, videotapes, or other recorded images produced by
a photo-enforcement system, shall be prima facie evidence of the facts
contained therein. Any photographs, microphotographs, videotape, or other
recorded images evidencing such a violation shall be available for inspection
in any proceeding to adjudicate the liability for such violation under this
subdivision. Any vehicle rental or vehicle leasing company, if named in a summons, shall be released as a party to the action if
it provides to the HOT lanes operator a copy of the vehicle rental agreement or
lease or an affidavit identifying the renter or lessee prior to the date of
hearing set forth in the summons. Upon receipt of
such rental agreement, lease, or affidavit, a summons
shall be issued for the renter or lessee identified therein. Release of
this information shall not be deemed a violation of any provision of the
Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.)
or the Insurance Information and Privacy Protection Act (§ 38.2-600 et seq.).
c. On a form prescribed by the Supreme Court, a summons issued under this subdivision may be executed pursuant to as provided in § 19.2-76.2. Such form shall contain the option for the driver or registered owner or operator to prepay the
unpaid toll and all penalties, administrative fees, and costs. HOT lanes operator personnel or
their agents mailing such summons shall be considered conservators of the peace
for the sole and limited purpose of mailing such summons. Notwithstanding the
provisions of § 19.2-76, a summons for a violation of this section may be
executed by mailing by first-class mail a copy thereof to the address of the
owner of the vehicle as shown on the records of the Department of Motor
Vehicles or, if the registered owner has named and provided a valid address for
the operator of the vehicle at the time of the violation in an affidavit
executed pursuant to this subdivision, such named operator of the vehicle. If
the summoned person fails to appear on the date of return set out in the
summons mailed pursuant to this section, the summons shall be executed in the
manner set out in § 19.2-76.3.
d. The registered owner of such vehicle shall be given reasonable notice by way of a summons as provided in this subdivision that his vehicle had been used in violation of this section, and such owner shall be given notice of the time and place of the hearing and notice of the civil penalty and costs for such offense.
Upon the filing of an affidavit with the court at least 14 days prior to the hearing date by the registered owner of the vehicle stating that he was not the driver of the vehicle on the date of the violation and providing the legal name and address of the driver of the vehicle at the time of the violation, a summons will also be issued to the alleged driver of the vehicle at the time of the offense. The affidavit shall constitute prima facie evidence that the person named in the affidavit was driving the vehicle at all the relevant times relating to the matter named in the affidavit.
If the registered owner of the vehicle produces a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense and remained stolen at the time of the alleged offense, then the court shall dismiss the summons issued to the registered owner of the vehicle.
3. a. The HOT lanes operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. The operator of the vehicle shall pay the unpaid tolls and any administrative fee detailed in a notice or invoice issued by a HOT lanes operator. If paid within 30 days of notification, the administrative fee shall not exceed $25. The HOT lanes operator shall notify the registered owner of the vehicle of any unpaid tolls and administrative fees by mailing an invoice pursuant to § 46.2-819.6.
b. Upon a finding by a court of competent jurisdiction that
the driver of the vehicle observed by a law-enforcement officer under subdivision 1 or the vehicle described in the summons for civil a
violation issued pursuant to evidence obtained by a photo-enforcement system
under subdivision 2 was in violation of this
section, the court shall impose a civil penalty upon the driver of such vehicle
issued a summons under subdivision 1, or upon the
driver or registered owner of such vehicle issued a
summons under subdivision 2, payable to the
HOT lanes operator as follows: for a first offense,
$50; for a second offense, $250;
for a third offense within a period of two years of
the second offense, $500;
and for a fourth and subsequent offense within a
period of three years of the second offense, $1,000, together with, in each case, the unpaid toll, all
accrued administrative fees imposed by the HOT lanes operator as authorized by
this section, and applicable court costs. The court shall remand penalties, the
unpaid toll, and administrative fees assessed for violation of this section to
the treasurer or director of finance of the county or city in which the
violation occurred for payment to the HOT lanes operator for expenses
associated with operation of the HOT lanes and payments against any bonds or
other liens issued as a result of the construction of the HOT lanes. No person
shall be subject to prosecution under both subdivisions 1 and 2 for actions arising
out of the same transaction or occurrence.
c. Upon a finding by a court that a person resident of the Commonwealth
has violated this section, in the event such person fails to pay the required
penalties, fees, and costs, the court shall notify the Commissioner of the
Department of Motor Vehicles, who shall suspend all of the registration
certificates and license plates issued for any motor vehicles registered solely
in the name of such person and shall not issue any registration certificate or
license plate for any other vehicle that such person seeks to register solely
in his name until the court has notified the Commissioner of the Department of
Motor Vehicles that such penalties, fees, and costs have been paid. Upon a finding by a court that a nonresident of
the Commonwealth has violated this section, in the event that such
person fails to pay the required penalties, fees, and costs the court shall
notify the Commissioner of the Department of Motor Vehicles, who shall, when the
vehicle is registered in a state with which the Commonwealth has entered
into an agreement to enforce tolling violations pursuant to § 46.2-819.8,
provide to the entity authorized to issue vehicle registration certificates or
license plates in the state in which the vehicle is registered sufficient
evidence of the court's finding to take
action against the vehicle registration certificate or license plates in
accordance with the terms of the agreement, until the court has notified the
Commissioner of the Department of Motor Vehicles that such penalties, fees, and
costs have been paid. Upon receipt of such
notification from the court, the Commissioner of the Department of Motor
Vehicles shall notify the state where the vehicle is registered of such
payment. The HOT lanes operator and the Commissioner of
the Department of Motor Vehicles may enter into an agreement whereby the HOT
lanes operator may reimburse the Department of Motor Vehicles for its
reasonable costs to develop, implement, and maintain this enforcement
mechanism, and that specifies that the Commissioner of the Department of Motor
Vehicles shall have an obligation to suspend such registration certificates or to provide notice to such entities in other
states so long as the HOT lanes operator makes the required
reimbursements in a timely manner in accordance with the agreement.
d. An action brought under subdivision 1 or 2 shall be commenced within two years of the commission of the offense and shall be considered a traffic infraction. Except as provided in subdivisions 4 and 5, imposition of a civil penalty pursuant to this section shall not be deemed a conviction as an operator of a motor vehicle under Title 46.2 and shall not be made part of the driving record of the person upon whom such civil penalty is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. The provisions of § 46.2-395 shall not be applicable to any civil penalty, fee, unpaid toll, fine, or cost imposed or ordered paid under this section for a violation of subdivision 1 or 2.
4. a. The HOT lanes operator may restrict the usage of the HOT lanes to designated vehicle classifications pursuant to an interim or final comprehensive agreement executed pursuant to § 33.2-1808 or 33.2-1809. Notice of any such vehicle classification restrictions shall be provided through the placement of signs or other markers prior to and at all HOT lanes entrances.
b. Any person driving an unauthorized vehicle on the designated HOT lanes is guilty of a traffic infraction, which shall not be a moving violation, and shall be punishable as follows: for a first offense, by a fine of $125; for a second offense within a period of five years from a first offense, by a fine of $250; for a third offense within a period of five years from a first offense, by a fine of $500; and for a fourth and subsequent offense within a period of five years from a first offense, by a fine of $1,000.
Upon a conviction under this subdivision, the court shall furnish to the Commissioner of the Department of Motor Vehicles, in accordance with § 46.2-383, an abstract of the record of such conviction, which shall become a part of the person's driving record. Notwithstanding the provisions of § 46.2-492, no driver demerit points shall be assessed for any violation of this subdivision, except that persons convicted of a second, third, fourth, or subsequent violation within five years of a first offense shall be assessed three demerit points for each such violation.
5. The driver of a vehicle who enters the HOT lanes by crossing through any barrier, buffer, or other area separating the HOT lanes from other lanes of travel is guilty of a violation of § 46.2-852, unless the vehicle is a state or local law-enforcement vehicle, firefighting truck, or emergency medical services vehicle used in the performance of its official duties. No person shall be subject to prosecution both under this subdivision and under subdivision 1, 2, or 4 for actions arising out of the same transaction or occurrence.
Upon a conviction under this subdivision, the court shall furnish to the Commissioner of the Department of Motor Vehicles in accordance with § 46.2-383 an abstract of the record of such conviction, which shall become a part of the convicted person's driving record.
6. No person shall be subject to prosecution both under this section and under § 33.2-501, 46.2-819, or 46.2-819.1 for actions arising out of the same transaction or occurrence.
7. Any action under this section shall be brought in the general district court of the county or city in which the violation occurred.
§ 33.2-504. Release of personal information to or by HOT lanes operators; penalty.
A. The HOT lanes operator may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that use HOT lanes and with the Department of Transportation to obtain any information that is necessary to conduct electronic toll collection and otherwise operate HOT lanes. Such agreement may include any information that may be obtained by the Department of Motor Vehicles in accordance with any agreement entered into pursuant to § 46.2-819.8. No HOT lanes operator shall disclose or release any personal information received from the Department of Motor Vehicles or the Department of Transportation to any third party, except in the issuance of a summons and institution of court proceedings in accordance with § 33.2-503. Information in the possession of a HOT lanes operator under this section shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
B. Information collected by a photo-enforcement system shall be limited exclusively to that information that is necessary for the collection of unpaid tolls. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other data collected by a photo-enforcement system shall be used exclusively for the collection of unpaid tolls and shall not be (i) open to the public; (ii) sold or used for sales, solicitation, or marketing purposes; (iii) disclosed to any other entity except as may be necessary for the collection of unpaid tolls or to a vehicle owner or operator as part of a challenge to the imposition of a toll; or (iv) used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of § 33.2-503 or upon order from a court of competent jurisdiction. Information collected under this section shall be purged and not retained later than 30 days after the collection and reconciliation of any unpaid tolls, administrative fees, or civil penalties. Any entity operating a photo-enforcement system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or their designee. Any violation of this subsection constitutes a Class 1 misdemeanor. In addition to any fines or other penalties provided for by law, any money or other thing of value obtained as a result of a violation of this section shall be forfeited to the Commonwealth.
§ 46.2-819. Use of toll facility without payment of toll; circumstances to be considered in assessing penalty.
Except for those permitted free use of toll facilities under §
33.2-613, it shall be is
unlawful for the driver of a motor vehicle to use a toll facility without
payment of the specified toll.
However, in considering the case of anyone accused of
violating this section, the court shall take into consideration (i) except for
lanes equipped for payment of tolls through an automatic vehicle identification
system, whether the toll booth or collection facility at which the defendant
failed to pay the toll was manned at the time,; (ii) whether the defendant
was required to pay the toll with the exact amount in change,;
(iii) whether the defendant had the exact
change to make the payment,; and (iv) whether the defendant
had been afforded appropriate advance notice, by signs or other means, that he
would be required to pay a toll and pay it with the exact change. No person
shall be subject to both prosecution under this section and to the provisions
of § 46.2-819.1 or §
46.2-819.3 for actions arising out of the same transaction or occurrence.
§ 46.2-819.1. Installation and use of photo-monitoring system or automatic vehicle identification system in conjunction with electronic or manual toll facilities; penalty.
A. For purposes of this section:
"Automatic vehicle identification device" means an electronic device that communicates by wireless transmission with an automatic vehicle identification system.
"Automatic vehicle identification system" means an electronic vehicle identification system installed to work in conjunction with a toll collection device that automatically produces an electronic record of each vehicle equipped with an automatic vehicle identification device that uses a toll facility.
"Operator of a toll facility other than the Department of Transportation" means any agency, political subdivision, authority, or other entity that operates a toll facility.
"Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles or on record with the entity authorized to issue vehicle registrations in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.8. "Owner" does not include a vehicle rental or vehicle leasing company.
"Photo-monitoring system" means a vehicle sensor installed to work in conjunction with a toll collection device that automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this section.
B. The
operator of any toll facility or the locality within which such toll facility
is located may install and operate or cause to be installed and operated a
photo-monitoring system or automatic vehicle identification system, or both, at
locations where tolls are collected for the use of such toll facility. The
operator of a toll facility shall send an invoice or bill for unpaid tolls to
the registered owner of a vehicle as part of an electronic or manual toll
collection process, pursuant to § 46.2-819.6
prior to seeking remedies under this section.
B. C. Information
collected by a photo-monitoring system or automatic vehicle identification
system installed and operated pursuant to subsection A B shall be limited exclusively
to that information that is necessary for the collection of unpaid tolls.
Notwithstanding any other provision of law, all photographs, microphotographs,
electronic images, or other data collected by a photo-monitoring system or
automatic vehicle identification system shall be used exclusively for the
collection of unpaid tolls and shall not (i) be open to the public; (ii) be
sold and/or used for sales, solicitation, or marketing purposes; (iii) be
disclosed to any other entity except as may be necessary for the collection of
unpaid tolls or to a vehicle owner or operator as part of a challenge to the
imposition of a toll; and (iv) be used in a court in a pending action or
proceeding unless the action or proceeding relates to a violation of this
section or upon order from a court of competent jurisdiction. Information
collected under this section shall be purged and not retained later than 30
days after the collection and reconciliation of any unpaid tolls,
administrative fees, and/or civil penalties. Any entity operating a
photo-monitoring system or automatic vehicle identification system shall
annually certify compliance with this section and make all records pertaining
to such system available for inspection and audit by the Commissioner of
Highways or the Commissioner of the Department of Motor Vehicles or their
designee. Any violation of this subsection shall constitute a Class 1
misdemeanor. In addition to any fines or other penalties provided for by law,
any money or other thing of value obtained as a result of a violation of this
section shall be forfeited to the Commonwealth.
The toll facility operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. Such fee may be levied upon the operator of the vehicle after the first unpaid toll has been documented. The operator of the vehicle shall pay the unpaid toll and any administrative fee detailed in an invoice for the unpaid toll issued by a toll facility operator. If paid within 30 days of notification, the administrative fee shall not exceed $25.
C. D. If the
matter proceeds to court, the registered owner or operator of a vehicle shall
be liable for a civil penalty as follows: for a first
offense, $50; for a second offense within
one year from the first offense, $100; for a third offense within two years from the second offense, $250; and for a fourth and any subsequent offense within three years
from the second offense, $500 plus, in each case,
the unpaid toll, all accrued administrative fees imposed by the toll facility
operator, and applicable court costs if the vehicle is found, as evidenced by
information obtained from a photo-monitoring system or automatic vehicle
identification system as provided in this section, to have used such a toll
facility without payment of the required toll.
D. E. Any
action under this section shall be brought in the
General District Court
general district court of the city
or county or city
in which the toll facility is located and shall be commenced
within two years of the commission of the offense. Such action shall be considered a traffic infraction but shall be tried as a
civil case. The attorney for the
Commonwealth may represent the interests of the toll facility operator. Any authorized agent or employee of a toll facility
operator acting on behalf of a governmental entity shall be allowed the
privileges accorded by § 16.1-88.03 in such cases.
E. F. Proof
of a violation of this section shall be evidenced by information obtained from
a photo-monitoring system or automatic vehicle identification system as
provided in this section. A certificate, sworn to or affirmed by a technician
employed or authorized by the operator of a toll facility or by the locality
wherein the toll facility is located, or a facsimile of such a certificate,
based on inspection of photographs, microphotographs, videotapes, or other
recorded images produced by a photo-monitoring system, or of electronic data
collected by an automatic vehicle identification system, shall be prima facie
evidence of the facts contained therein. Any photographs, microphotographs,
videotape, or other recorded images or electronic data evidencing such a
violation shall be available for inspection in any proceeding to adjudicate the
liability for such violation under this section. A record of communication by
an automatic vehicle identification device with the automatic vehicle
identification system at the time of a violation of this section shall be prima
facie evidence that the automatic vehicle identification device was located in
the vehicle registered to use such device in the records of the Virginia Department of
Transportation.
G. On a form prescribed by the Supreme Court, a summons for a violation of this section may be executed as provided in § 19.2-76.2. Toll facility personnel or their agents mailing such summons shall be considered conservators of the peace for the sole and limited purpose of mailing such summons. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles or, if the registered owner has named and provided a valid address for the operator of the vehicle at the time of the violation in an affidavit executed pursuant to subsection H, such named operator of the vehicle. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.
F. H. It shall be prima facie evidence that the vehicle described in
the summons issued pursuant to subsection K G was
operated in violation of this section.
Upon a finding by a court of competent jurisdiction that the
vehicle described in the summons issued pursuant to
subsection K G was in violation of this
section, the court shall impose a civil penalty upon the registered owner or
operator of such vehicle in accordance with the amounts specified in subsection C D,
together with applicable court costs, the operator's administrative fee and the
toll due. Penalties assessed as the result of action initiated by the Virginia Department of
Transportation shall be remanded by the clerk of the court which adjudicated
the action to the Virginia
Department of Transportation's Toll Facilities Revolving Account. Penalties
assessed as the result of action initiated by an operator of a toll facility
other than the Virginia
Department of Transportation shall be remanded by the clerk of the court which
adjudicated the action to the treasurer or director of finance of the county or
city in which the violation occurred for payment to the toll facility operator.
The registered owner of such vehicle shall be given reasonable
notice by way of a summons as provided in
subsection K G that his vehicle had been
used in violation of this section and such owner shall be given notice of the
time and place of the hearing as well as the civil penalty and costs for such
offense. The toll facility operator may offer to the owner an option to pay the
unpaid toll and fees plus a reduced civil penalty of $25 for a first or second offense or $50 for a third, fourth, or subsequent offense, as specified on the
summons, provided the owner actually pays to the toll facility operator
the entire amount so calculated at least 14 days prior to the hearing date
specified on the summons. If the owner accepts such
offer and such amount is actually received by the toll facility operator at
least 14 days prior to the hearing date specified on the
summons, the toll facility operator shall
move the court at least five business days prior to the date set for trial to
dismiss the summons issued to the registered owner
of the vehicle, and the court shall dismiss upon such motion.
Upon either (i) the filing of an affidavit with the toll
facility operator within 14 days of receipt of an invoice for an unpaid toll
from the toll facility operator or (ii) the filing of an affidavit with the
court at least 14 days prior to the hearing date by the registered owner of the
vehicle stating that he was not the driver operator of the vehicle on the
date of the violation and providing the legal name and address of the operator
of the vehicle at the time of the violation, an invoice and/or summons, as appropriate, will also be issued to the
alleged operator of the vehicle at the time of the offense.
In any action against a vehicle operator, an affidavit made by the registered owner providing the name and address of the vehicle operator at the time of the violation shall constitute prima facie evidence that the person named in the affidavit was operating the vehicle at all the relevant times relating to the matter named in the affidavit.
If the registered owner of the vehicle produces for the toll facility operator or the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense and remained stolen at the time of the alleged offense, then the toll facility operator shall not pursue the owner for the unpaid toll and, if a summons has been issued, the court shall dismiss the summons issued to the registered owner of the vehicle.
G. I. Upon
a finding by a court that a person has two or more unpaid tolls and such person
fails to pay the required penalties, fees, and unpaid tolls, the court shall
notify the Commissioner of the Department of Motor Vehicles, who shall refuse
to issue or renew any vehicle registration certificate of any applicant or the
license plate issued for the vehicle driven in the commission of the offense or, when the vehicle is registered in a state with
which the Commonwealth has entered into an
agreement to enforce tolling violations pursuant to § 46.2-819.8, who shall
provide to the entity authorized to issue vehicle registration certificates or
license plates in the state in
which the vehicle is registered sufficient evidence of the court's finding to
take action against the vehicle registration certificate or license plates
in accordance with the terms of the agreement, until the
court has notified the Commissioner that such penalties, fees, and unpaid tolls
have been paid. Upon receipt of such
notification from the court, the Commissioner of the Department of Motor
Vehicles shall notify the state where the vehicle is registered of such
payment. If it is proven that the vehicle owner was not
the operator at the time of the offense and upon a finding by a court that the
person identified in an affidavit pursuant to subsection F H
as the operator violated this section and such person fails to pay the required
penalties, fees, and unpaid tolls, the court shall notify the Commissioner, who
shall refuse to issue or renew any vehicle registration certificate of any
applicant or the license plate issued for any vehicle owned or co-owned by such
person or, when such vehicle is registered in a state with
which the Commonwealth has
entered into an agreement to enforce tolling
violations pursuant to § 46.2-819.8, who shall provide
to the entity authorized to issue vehicle registration certificates or license
plates in the state in
which the vehicle is registered sufficient evidence of the court's finding to
take action against the vehicle registration certificate or license plates in
accordance with the terms of the
agreement, until the court has notified the Commissioner
that such penalties, fees, and unpaid tolls have been paid. Upon
receipt of such notification from the court, the Commissioner of the Department
of Motor Vehicles shall notify the state where the vehicle is registered of
such payment. Such funds representing payment of unpaid
tolls and all administrative fees of the toll facility operator shall be
transferred from the court to the Virginia
Department of Transportation's Toll Facilities Revolving Account or, in the
case of an action initiated by an operator of a toll facility other than the Virginia Department of
Transportation, to the treasurer or director of finance of the county or city
in which the violation occurred for payment to the toll facility operator. The
Commissioner shall collect a $40 administrative fee from the registered owner
or operator of the vehicle to defray the cost of processing and removing an
order to deny registration or registration renewal.
H. For
purposes of this section, "operator of a toll facility other than the
Virginia Department of Transportation" means any
agency, political subdivision, authority, or other entity that operates a toll
facility; "owner" means the registered owner of a vehicle on record
with the Department of Motor Vehicles. For purposes of this section,
"owner" does not mean a vehicle rental or vehicle leasing company;
"photo-monitoring system" means a vehicle sensor installed to work in
conjunction with a toll collection device that automatically produces one or
more photographs, one or more microphotographs, a videotape, or other recorded
images of each vehicle at the time it is used or operated in violation of this
section; "automatic vehicle identification system" means an
electronic vehicle identification system installed to work in conjunction with
a toll collection device that automatically produces an electronic record of
each vehicle equipped with an automatic vehicle identification device that uses
a toll facility; and "automatic vehicle identification device" means
an electronic device that communicates by wireless transmission with an
automatic vehicle identification system.
I. J. Any
vehicle rental or vehicle leasing company, if it receives an invoice or is named
in a summons, shall be released as a party to the
action if it provides the operator of the toll facility a copy of the vehicle
rental agreement or lease or an affidavit identifying the renter or lessee
within 30 days of receipt of the invoice or at least 14 days prior to the date
of hearing set forth in the summons. Upon receipt
of such rental agreement, lease, or affidavit, a notice shall be mailed to the
renter or lessee identified therein. Release of this information shall not be
deemed a violation of any provision of the Government Data Collection and
Dissemination Practices Act (§ 2.2-3800 et seq.) or the Insurance Information
and Privacy Protection Act (§ 38.2-600 et seq.). The toll facility operator
shall allow at least 30 days from the date of such mailing before pursuing
other remedies under this section. In any action against the vehicle operator,
a copy of the vehicle rental agreement, lease, or affidavit identifying the
renter or lessee of the vehicle at the time of the violation is prima facie
evidence that the person named in the rental agreement, lease, or affidavit was
operating the vehicle at all the relevant times relating to the matter named in
the summons.
J. K. Imposition
of a civil penalty pursuant to this section shall not be deemed a conviction as
an operator and shall not be made part of the driving record of the person upon
whom such civil penalty is imposed nor shall it be used for insurance purposes
in the provision of motor vehicle insurance coverage. The provisions of § 46.2-395
shall not be applicable to any civil penalty, fee, unpaid toll, fine or cost
imposed or ordered paid under this section for a violation of this section.
K. On a form prescribed
by the Supreme Court, a summons for a violation of this section may be executed
pursuant to § 19.2-76.2. Toll
facility personnel or their agents mailing such summons shall be considered conservators
of the peace for the sole and limited purpose of mailing such summons.
Notwithstanding the provisions of § 19.2-76, a summons for a violation of this
section may be executed by mailing by first-class mail a copy thereof to the
address of the owner of the vehicle as shown on the records of the Department
of Motor Vehicles or, if the registered owner has named and provided a valid
address for the operator of the vehicle at the time of the violation in an
affidavit executed pursuant to subsection F, such named operator of the
vehicle. If the summoned person fails to appear on the date of return set out
in the summons mailed pursuant to this section, the summons shall be executed
in the manner set out in § 19.2-76.3.
L. The operator of a toll facility
may enter into an agreement with the Department of Motor Vehicles, in
accordance with the provisions of subdivision B
21 of subsection B of § 46.2-208,
to obtain vehicle owner information regarding the registered owners of vehicles
that fail to pay tolls required for the use of toll facilities and with the Virginia Department of
Transportation to obtain any information that is necessary to conduct
electronic toll collection. Such agreement may
include any information that may be obtained by the Department of Motor
Vehicles in accordance with any agreement entered into pursuant to § 46.2-819.8.
Information provided to the operator of a toll facility shall only be used for
the collection of unpaid tolls and the operator of the toll facility shall be
subject to the same conditions and penalties regarding release of the
information as contained in subsection B C.
M. No person shall be subject to both the provisions of this section and to prosecution under § 46.2-819 for actions arising out of the same transaction or occurrence.
§ 46.2-819.3. Use of toll facility without payment of toll; enforcement; penalty.
A. For purposes of this section, "operator of a toll facility other than the Department of Transportation" means any agency, political subdivision, authority, or other entity that operates a toll facility.
B. The
toll facility operator may impose and collect an administrative fee in addition
to the unpaid toll so as to recover the expenses of collecting the unpaid toll,
which administrative fee shall be reasonably related to the actual cost of
collecting the unpaid toll and not exceed $100 per violation. Such fee shall
not be levied on a first unpaid toll unless the written promise to pay executed
pursuant to subsection C D
remains unpaid after 30 days. The person who
executed the written promise to pay pursuant to subsection C D
shall pay the unpaid toll and any administrative fee detailed in an invoice or
bill issued by a toll facility operator. If paid within 30
days of notification, the administrative fee shall not exceed $25.
B. C. If the
matter proceeds to court, the registered owner or operator of the vehicle shall be liable for a
civil penalty as follows: for a first offense, $50;
for a second offense within one year from the first offense, $100; for a third offense
within two years from the second offense, $250; and
for a fourth and any subsequent offense within
three years from the second offense, $500 plus, in
each case, the unpaid toll, all accrued administrative fees imposed by the toll
facility operator and applicable court costs if the vehicle operator is found,
as evidenced by information obtained from the toll facility operator, to have
used such a toll facility without payment of the required toll.
C. D. A
written promise to pay an unpaid toll within a specified period of time
executed by the driver operator of a motor vehicle, accompanied by a certificate sworn
to or affirmed by an authorized agent of the toll facility that the unpaid toll
was not paid within such specified period, shall be prima facie evidence of the
facts contained therein.
D. E. The
operator of a toll facility may shall send an invoice or bill
to the driver
registered owner of a motor vehicle using a toll facility
without payment of the specified toll as part of an electronic or manual toll
collection process pursuant to §
46.2-819.6, prior to seeking remedies under this section.
Any action under this section shall be brought in the general district court of
the city or county or city in which the toll facility
is located and shall be commenced
within two years of the commission of the offense. Such an action shall be considered a traffic infraction but shall be tried as a
civil case. The attorney for the
Commonwealth may represent the interests of the toll facility operator.
Any authorized agent or employee of a toll facility operator acting on behalf
of a governmental entity shall be allowed the privileges accorded by §
16.1-88.03 in such cases.
E. F. Upon
a finding by a court of competent jurisdiction that the
driver operator
of a motor vehicle identified in the summons issued
pursuant to subsection I H was in violation of this
section, the court shall impose a civil penalty upon the
driver operator
of a motor vehicle in accordance with the amounts specified in subsection B C,
together with applicable court costs, the operator's administrative fee, and
the toll due. Penalties assessed as the result of action initiated by the Virginia Department of
Transportation shall be remanded by the clerk of the court which adjudicated
the action to the Virginia
Department of Transportation's Toll Facilities Revolving Account. Penalties
assessed as the result of action initiated by an operator of a toll facility
other than the Virginia
Department of Transportation shall be remanded by the clerk of the court which
adjudicated the action to the treasurer or director of finance of the county or
city in which the violation occurred for payment to the toll facility operator.
F. G. The
toll facility operator may offer to the registered owner an option to pay the unpaid toll and fees plus a
reduced civil penalty of not more than
$25 for a first or second offense or not more than $50 for a third,
fourth, or subsequent offense, as specified on the summons, provided the owner actually pays to the toll
facility operator the entire amount so calculated at least 14 days prior to the
hearing date specified on the summons. If the owner
accepts such offer and such amount is actually received by the toll facility
operator at least 14 days prior to the hearing date specified on the summons, the toll facility operator shall move
the court at least five business days prior to the date set for trial to
dismiss the summons issued to the registered owner
of the vehicle, and the court shall dismiss upon such motion.
H. A summons for a violation of this section may be executed as provided in § 19.2-76.2. Toll facility personnel or their agents mailing such summons shall be considered conservators of the peace for the sole and limited purpose of mailing such summons. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section may be executed by mailing by first-class mail a copy thereof to the address of the driver of a motor vehicle as shown on the written promise to pay executed pursuant to subsection D or records of the Department of Motor Vehicles. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.
G. I. Upon
a finding by a court that a person has three or more unpaid tolls and such
person fails to pay the required penalties, fees, and unpaid tolls, the court
shall notify the Commissioner of the Department of Motor Vehicles, who shall
refuse to issue or renew any vehicle registration certificate of any applicant
or the license plate issued for any vehicle owned or co-owned by the offender or, when the vehicle
is registered in a state with
which the Commonwealth has entered into an
agreement to enforce tolling violations pursuant to § 46.2-819.8, who
shall provide to the entity authorized to issue vehicle
registration certificates or license plates in the state in
which the vehicle is registered sufficient evidence of the court's finding to take
action against the vehicle registration certificate or
license plates in accordance with the terms of the agreement. Upon receipt of such notification from the court,
the Commissioner of the Department of Motor Vehicles shall notify the state
where the vehicle is registered of such payment. The
Commissioner shall collect a $40 administrative fee from the registered owner or operator
of the vehicle to defray the cost of processing and removing an order to deny
registration or registration renewal.
H. For purposes of this
section, "operator of a toll facility other than the
Virginia Department of Transportation" means any
agency, political subdivision, authority, or other entity that operates a toll
facility.
I. J. Imposition
of a civil penalty pursuant to this section shall not be deemed a conviction as
an operator and shall not be made part of the driving record of the person upon
whom such civil penalty is imposed nor shall it be used for insurance purposes
in the provision of motor vehicle insurance coverage. The provisions of §
46.2-395 shall not be applicable to any civil penalty, fee, unpaid toll, fine
or cost imposed or ordered paid under this section for a violation of this
section.
J. A summons for a
violation of this section may be executed pursuant to § 19.2-76.2. Toll
facility personnel or their agents mailing such summons shall be considered
conservators of the peace for the sole and limited purpose of mailing such
summons. Notwithstanding the provisions of § 19.2-76, a summons for a violation
of this section may be executed by mailing by first-class mail a copy thereof
to the address of the driver of a motor vehicle as shown on the written promise
to pay executed pursuant to subsection C or records of the Department of Motor
Vehicles. If the summoned person fails to appear on the date of return set out
in the summons mailed pursuant to this section, the summons shall be executed
in the manner set out in § 19.2-76.3.
K. No person shall be subject to both the provisions of this section and to prosecution under § 46.2-819 for actions arising out of the same transaction or occurrence.
§ 46.2-819.3:1. Installation and use of video-monitoring system and automatic vehicle identification system in conjunction with all-electronic toll facilities; penalty.
A. For purposes of this section:
"Automatic vehicle identification device" means an electronic device that communicates by wireless transmission with an automatic vehicle identification system.
"Automatic vehicle identification system" means an electronic vehicle identification system installed to work in conjunction with a toll collection device that automatically produces an electronic record of each vehicle equipped with an automatic vehicle identification device that uses a toll facility.
"Operator" means a person who was driving a vehicle that was the subject of a toll violation but who is not the owner of the vehicle.
"Operator of a toll facility other than the Department of Transportation" means any agency, political subdivision, authority, or other entity that operates a toll facility.
"Owner" means the registered owner of a vehicle on record with the Department or on record with the entity authorized to issue vehicle registrations in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.8 or, in the case of a vehicle where the owner of the vehicle is a vehicle leasing entity, the lessee. "Owner" does not mean a vehicle rental or vehicle leasing company.
"Video-monitoring system" means a vehicle sensor installed to work in conjunction with a toll collection device that automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this section.
B. The operator of any toll facility or the locality within which such toll facility is located may install and operate or cause to be installed and operated a video-monitoring system in conjunction with an automatic vehicle identification system on facilities for which tolls are collected for the use of such toll facility and that do not offer manual toll collection. A video-monitoring system shall include, but not be limited to, electronic systems that monitor and capture images of vehicles using a toll facility to enable toll collection for vehicles that do not pay using a toll collection device. The operator of a toll facility shall send an invoice for unpaid tolls in accordance with the requirements of § 46.2-819.6 to the registered owner of a vehicle as part of a video-monitoring toll collection process, prior to seeking remedies under this section.
B. C. Information
collected by a video-monitoring system in conjunction with an automatic vehicle
identification system installed and operated pursuant to subsection A B
shall be limited exclusively to that information that is necessary for the
collection of unpaid tolls and establishing when violations occur, including
use in any proceeding to determine whether a violation occurred.
Notwithstanding any other provision of law, all images or other data collected
by a video-monitoring system in conjunction with an automatic vehicle
identification system shall be protected in a database with security comparable
to that of the Department of Motor Vehicles' system and used exclusively for
the collection of unpaid tolls and for efforts to pursue violators of this
section and shall not (i) be open to the public; (ii) be sold and/or used for
sales, solicitation, or marketing purposes other than those of the toll
facility operator to facilitate toll payment; (iii) be disclosed to any other
entity except as may be necessary for the collection of unpaid tolls or to a
vehicle owner or operator as part of a challenge to the imposition of a toll;
and/or (iv) be used in a court in a pending action or proceeding unless the
action or proceeding relates to a violation of this section or upon order from
a court of competent jurisdiction. Except as provided above, information collected
under this section shall be purged and not retained later than 30 days after
the collection and reconciliation of any unpaid tolls, administrative fees,
and/or civil penalties. Any entity operating a video-monitoring system in
conjunction with an automatic vehicle identification system shall annually
certify compliance with this section and make all records pertaining to such
system available for inspection and audit by the Commissioner of Highways or
the Commissioner of the Department of Motor Vehicles or their designee. Any
violation of this subsection shall constitute a Class 1 misdemeanor. In
addition to any fines or other penalties provided for by law, any money or
other thing of value obtained as a result of a violation of this section shall
be forfeited to the Commonwealth.
If a vehicle uses a toll facility without paying the toll, the registered owner or operator shall be in violation of this section if he refuses to pay the toll within 30 days of notification. The toll facility operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. Such fee shall not be levied upon the owner or operator of the vehicle unless the toll has not been paid by the owner or operator within 30 days after receipt of the invoice for the unpaid toll, which nonpayment for 30 days shall constitute the violation of this section. Once such a violation has occurred, the owner or operator of the vehicle shall pay the unpaid tolls and any administrative fee detailed in the invoice for the unpaid toll issued by a toll facility operator. If paid within 30 days of the toll violation, the administrative fee shall not exceed $25.
The toll facility operator may levy charges for the direct cost of use of and processing for a video-monitoring system and to cover the cost of the invoice, which are in addition to the toll and may not exceed double the amount of the base toll, provided that potential toll facility users are provided notice before entering the facility by conspicuous signs that clearly indicate that the toll for use of the facility could be tripled for any vehicle that does not have an active, functioning automatic vehicle identification device registered for and in use in the vehicle using the toll facility, and such signs are posted at a location where the driver can still choose to avoid the use of the toll facility if he chooses not to pay the toll.
A person receiving an invoice for an unpaid toll under this
section may (a) pay the toll and administrative fees directly to the toll facility
operator or (b) file with the toll facility operator a notice, on a form
provided by the toll facility operator as required under subsection B of §
46.2-819.6, to contest liability for a toll violation. The notice to contest
liability for a toll violation may be filed by any person receiving an invoice
for an unpaid toll by mailing or delivering the notice to the toll facility
operator within 60 days of receiving such invoice for unpaid toll. Upon receipt
of such notice, the toll facility operator may issue a
summons pursuant to subsection K G and may not seek withholding
of registration or renewal thereof under subsection G I until a court of competent
jurisdiction has found the alleged violator liable for tolls under this
section.
C. D. If the matter
proceeds to court, the registered owner or operator of a vehicle shall be
liable for a civil penalty as follows: for a first offense,
$50; for a second offense within one year from the
first offense, $100; for a third offense within two years from the second offense, $250; and for a fourth and any subsequent offense within three years from the second offense, $500; plus, in each case, the unpaid toll, all
accrued administrative fees imposed by the toll facility operator, and
applicable court costs if the vehicle is found, as evidenced by information
obtained from a video-monitoring system in conjunction with an automatic
vehicle identification system as provided in this section, to have used such a
toll facility without payment of the required toll within
30 days of receipt of the invoice for the toll.
D. E. Any
action under this section shall be brought in the general district court of the city or county or city in which the toll
facility is located and shall be commenced
within two years of the commission of the offense. Such action shall be considered a traffic infraction but shall be tried as a
civil case. The attorney for the
Commonwealth may represent the interests of the toll facility operator.
Any authorized agent or employee of a toll facility operator acting on behalf
of a governmental entity shall be allowed the privileges accorded by §
16.1-88.03 in such cases.
E. F. Proof
of a violation of this section shall be evidenced by information obtained from
a video-monitoring system or automatic vehicle identification system as
provided in this section. A certificate, sworn to or affirmed by a technician
employed or authorized by the operator of a toll facility or by the locality
wherein the toll facility is located, or a facsimile of such a certificate,
based on inspection of photographs, microphotographs, videotapes, or other
recorded images produced by a video-monitoring system or of electronic data
collected by an automatic vehicle identification system, shall be prima facie
evidence of the facts contained therein. Any photographs, microphotographs,
videotape, or other recorded images or electronic data evidencing such a
violation shall be available for inspection in any proceeding to adjudicate the
liability for such violation under this section. A record of communication by
an automatic vehicle identification device with the automatic vehicle
identification system at the time of a violation of this section shall be prima
facie evidence that the automatic vehicle identification device was located in
the vehicle registered to use such device in the records of the Virginia Department of
Transportation.
G. On a form prescribed by the Supreme Court, a summons for a violation of this section may be executed as provided in § 19.2-76.2. Toll facility personnel or their agents mailing such summons shall be considered conservators of the peace for the sole and limited purpose of mailing such summons. Notwithstanding the provisions of § 19.2-76, a summons for a violation of unpaid tolls may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Department or, if the registered owner has named and provided a valid address for the operator of the vehicle at the time of the violation in an affidavit executed pursuant to subsection H, such named operator of the vehicle. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.
F. H. It shall be prima facie evidence that the vehicle described in
the summons issued pursuant to subsection K G was
operated in violation of this section.
Upon a finding by a court of competent jurisdiction that the
vehicle described in the summons issued pursuant to
subsection K G was in violation of this
section, the court shall impose a civil penalty upon the registered owner or
operator of such vehicle in accordance with the amounts specified in subsection C D,
together with applicable court costs, the operator's administrative fee, and
the toll due. Penalties assessed as the result of action initiated by the Virginia Department of
Transportation shall be remanded by the clerk of the court that adjudicated the
action to the Virginia
Department of Transportation's Toll Facilities Revolving Account. Penalties
assessed as the result of action initiated by an operator of a toll facility
other than the Virginia
Department of Transportation shall be remanded by the clerk of the court that
adjudicated the action to the treasurer or director of finance of the county or
city in which the violation occurred for payment to the toll facility operator.
The registered owner of such vehicle shall be given reasonable
notice by way of a summons as provided in
subsection K G that his vehicle had been
used in violation of this section, and such owner shall be given notice of the
time and place of the hearing as well as the civil penalty and costs for such
offense.
Upon the filing of an affidavit by the registered owner of the vehicle with the toll facility operator within 14 days of receipt of an invoice for unpaid toll or a summons stating that such owner was not the driver of the vehicle on the date of the violation and providing the legal name and address of the operator of the vehicle at the time of the violation, an invoice for unpaid toll or summons, whichever the case may be, will also be issued to the alleged operator of the vehicle at the time of the offense.
In any action against a vehicle operator, an affidavit made by the registered owner providing the name and address of the vehicle operator at the time of the violation shall constitute prima facie evidence that the person named in the affidavit was operating the vehicle at all the relevant times relating to the matter named in the affidavit.
If the registered owner of the vehicle produces for the toll facility operator or the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense and remained stolen at the time of the alleged offense, then the toll facility operator shall not pursue the owner for the unpaid toll contained in the invoice for unpaid toll or the court shall dismiss the summons issued to the registered owner of the vehicle.
G. I. 1.
Upon a finding by a court that a person has two or more unpaid tolls and such
person fails to pay the required penalties, fees, and unpaid tolls, then the
court or toll facility operator shall notify the Commissioner of the Department
of Motor Vehicles, who shall refuse to issue or renew any vehicle registration
certificate of any applicant or the license plate issued for the vehicle driven
in the commission of the offense or, when the vehicle
is registered in a state with
which the Commonwealth has entered into an
agreement to enforce tolling violations pursuant § 46.2-819.8, who
shall provide to the entity authorized to issue vehicle
registration certificates or license plates in the state in
which the vehicle is registered sufficient evidence of the court's finding to
take action against the vehicle registration certificate or
license plates in accordance with
the terms of the agreement, until the court has notified
the Commissioner that such penalties, fees, and unpaid tolls have been paid. Upon receipt of such notification from the court,
the Commissioner of the Department of Motor Vehicles shall notify the state
where the vehicle is registered of such payment. If it
is proven that the vehicle owner was not the operator at the time of the
offense and upon a finding by a court that the person identified in an
affidavit pursuant to subsection F H
as the operator violated this section and such person fails to pay the required
penalties, fees, and unpaid tolls, the court shall notify the Commissioner, who
shall refuse to issue or renew any vehicle registration certificate of any
applicant or the license plate issued for any vehicle owned or co-owned by such
person or, when such
vehicle is registered in a state with
which the Commonwealth has entered into an
agreement to enforce tolling violations pursuant to § 46.2-819.8, who
shall provide to the entity authorized to issue vehicle
registration certificates or license plates in the state in
which the vehicle is registered sufficient evidence of the court’s finding to
take action against the vehicle registration certificate or
license plates in accordance with the terms of the agreement,
until the court has notified the Commissioner that such penalties, fees, and
unpaid tolls have been paid. Upon receipt of such
notification from the court, the Commissioner of the Department of Motor
Vehicles shall notify the state where the vehicle is registered of such
payment. Such funds representing payment of unpaid
tolls and all administrative fees of the toll facility operator shall be
transferred from the court to the Virginia
Department of Transportation's Toll Facilities Revolving Account or, in the
case of an action initiated by an operator of a toll facility other than the Virginia Department of
Transportation, to the treasurer or director of finance of the county or city
in which the violation occurred for payment to the toll facility operator. The
Commissioner shall collect a $40 administrative fee from the registered owner
or operator of the vehicle to defray the cost of processing and removing an
order to deny registration or registration renewal.
2. If an owner of a vehicle has received at least one invoice for two or more unpaid tolls in accordance with § 46.2-819.6 by certified mail and has (i) failed to pay the unpaid tolls and administrative fees and (ii) failed to file a notice to contest liability for a toll violation, then the toll facility operator may notify the Commissioner, who shall, if no form contesting liability has been timely filed with the toll facility operator pursuant to this section, refuse to issue or renew the vehicle registration certificate of any applicant therefor or the license plate issued for any vehicle driven in the commission of the offense until the toll facility operator has notified the Commissioner that such fees and unpaid tolls have been paid.
If the vehicle owner was not the operator at the time of the offense and the person identified in an affidavit
pursuant to subsection F H
as the operator has received at least one invoice for two or more unpaid tolls
in accordance with § 46.2-819.6 by certified mail and such person has (i)
failed to pay the unpaid tolls and administrative fees and (ii) failed to file
a notice to contest liability for a toll violation, then the toll facility
operator may notify the Commissioner, who shall, if no form contesting
liability has been timely filed with the toll facility operator pursuant to
this section, refuse to issue or renew any vehicle registration certificate of
any applicant therefor or the license plate issued for any vehicle owned or
co-owned by such person until the toll facility operator has notified the
Commissioner that such fees and unpaid tolls have been paid.
The Commissioner may only refuse to issue or renew any vehicle registration pursuant to this subsection upon the request of a toll facility operator if such toll facility operator has entered into an agreement with the Commissioner whereby the Commissioner will refuse to issue or renew any vehicle registration of any applicant therefor who owes unpaid tolls and administrative fees to the toll facility operator. The toll facility operator seeking to collect unpaid tolls and administrative fees through the withholding of registration or renewal thereof by the Commissioner as provided for in this subsection shall notify the Commissioner in the manner provided for in his agreement with the Commissioner and supply to the Commissioner information necessary to identify the violator whose registration or renewal is to be denied. The Commissioner shall charge a $40 fee to defray the cost of processing and withholding the registration or registration renewal, and the toll facility operator may add this fee to the amount of the unpaid tolls and administrative fees. Any agreement entered into pursuant to the provisions of this subsection shall provide for the Department to send the violator notice of the intent to deny renewal of registration at least 30 days prior to the expiration date of a current vehicle registration and such notice shall include a form, as required under subsection B of § 46.2-819.6, to contest liability of the underlying toll violation. The notice provided by the Commissioner shall include instructions for filing the form to contest liability with the toll facility operator within 21 days after the date of mailing of the Commissioner's notice. Upon timely receipt of the form, the toll facility operator shall notify the Commissioner, who shall refrain from withholding the registration or renewal thereof, after which the toll facility operator may proceed to issue a summons for unpaid toll. For the purposes of this subsection, notice by first-class mail to the registrant's address as maintained in the records of the Department shall be deemed sufficient.
H. For purposes of this
section, "operator" means a person who was driving a vehicle that was
the subject of a toll violation but who is not the owner of the vehicle;
"operator of a toll facility other than the
Virginia Department of Transportation" means any
agency, political subdivision, authority, or other entity that operates a toll
facility; "owner" means the registered owner of a vehicle on record
with the Department or, in the case of a vehicle where the owner of the vehicle
is a vehicle leasing entity, the lessee. For purposes of this section,
"owner" does not mean a vehicle rental or vehicle leasing company;
"video-monitoring system" means a vehicle sensor installed to work in
conjunction with a toll collection device that automatically produces one or
more photographs, one or more microphotographs, a videotape, or other recorded
images of each vehicle at the time it is used or operated in violation of this
section; "automatic vehicle identification system" means an
electronic vehicle identification system installed to work in conjunction with
a toll collection device that automatically produces an electronic record of
each vehicle equipped with an automatic vehicle identification device that uses
a toll facility; and "automatic vehicle identification device" means
an electronic device that communicates by wireless transmission with an
automatic vehicle identification system.
I. J. Any
vehicle rental or vehicle leasing company, if it receives an invoice for unpaid
toll or is named in a summons, shall be released as
a party to the action if it provides the operator of the toll facility a copy
of the vehicle rental agreement or lease or an affidavit identifying the renter
or lessee within 30 days of receipt of the invoice or
summons. Upon receipt of such rental agreement, lease, or affidavit, an
invoice for unpaid toll shall be mailed to the renter or lessee identified
therein. Release of this information shall not be deemed a violation of any
provision of the Government Data Collection and Dissemination Practices Act (§
2.2-3800 et seq.) or the Insurance Information and Privacy Protection Act (§
38.2-600 et seq.). The toll facility operator shall allow at least 30 days from
the date of such mailing before pursuing other remedies under this section. In
any action against the vehicle operator, a copy of the vehicle rental
agreement, lease, or affidavit identifying the renter or lessee of the vehicle
at the time of the violation is prima facie evidence that the person named in
the rental agreement, lease, or affidavit was operating the vehicle at all the
relevant times relating to the matter named in the summons.
J. K. Imposition
of a civil penalty pursuant to this section shall not be deemed a conviction as
an operator and shall not be made part of the driving record of the person upon
whom such civil penalty is imposed, nor shall it be used for insurance purposes
in the provision of motor vehicle insurance coverage. The provisions of §
46.2-395 shall not be applicable to any civil penalty, fee, unpaid toll, fine,
or cost imposed or ordered paid under this section for a violation of this
section.
K. On a form prescribed
by the Supreme Court, a summons for a violation of this section may be executed
pursuant to § 19.2-76.2. Toll facility personnel or their agents mailing such
summons shall be considered conservators of the peace for the sole and limited
purpose of mailing such summons. Notwithstanding the provisions of § 19.2-76, a
summons or summonses for a violation of unpaid tolls may be executed by mailing
by first-class mail a copy thereof to the address of the owner of the vehicle
as shown on the records of the Department or, if the registered owner has named
and provided a valid address for the operator of the vehicle at the time of the
violation in an affidavit executed pursuant to subsection F, such named
operator of the vehicle. If the summoned person fails to appear on the date of
return set out in the summons mailed pursuant to this section, the summons
shall be executed in the manner set out in § 19.2-76.3.
L. The toll facility operator may offer to the owner an option to pay the unpaid toll and fees plus a reduced civil penalty of $25 for a first or second offense or $50 for a third, fourth, or subsequent offense, as specified on the summons, provided the owner actually pays to the toll facility operator the entire amount so calculated at least 14 days prior to the hearing date specified on the summons. If the owner accepts such offer and such amount is actually received by the toll facility operator at least 14 days prior to the hearing date specified on the summons, the toll facility operator shall move the court at least five business days prior to the date set for trial to dismiss the summons issued to the registered owner of the vehicle, and the court shall dismiss upon such motion.
M. The operator of a toll facility
may enter into an agreement with the Department, in accordance with the
provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner
information regarding the registered owners of vehicles that fail to pay tolls
required for the use of toll facilities and with the
Virginia Department of Transportation to obtain any
information that is necessary to conduct electronic toll collection. Such agreement may include any information that
may be obtained by the Department of Motor Vehicles in accordance with any
agreement entered into pursuant to § 46.2-819.8.
Information provided to the operator of a toll facility shall be used only for
the collection of unpaid tolls, and the operator of the toll facility shall be
subject to the same conditions and penalties regarding release of the
information as contained in subsection B C.
N. No person shall be subject to both the provisions of this section and to prosecution under § 46.2-819 for actions arising out of the same transaction or occurrence.
§ 46.2-819.5. Enforcement through use of photo-monitoring system or automatic vehicle identification system in conjunction with usage of Dulles Access Highway.
A. For purposes of this section:
"Automatic vehicle identification device" means an electronic device that communicates by wireless transmission with an automatic vehicle identification system.
"Automatic vehicle identification system" means an electronic vehicle identification system that automatically produces an electronic record of each vehicle equipped with an automatic vehicle identification device that uses monitored portions of the Dulles Access Highway.
"Operator of the Dulles Access Highway" means the Metropolitan Washington Airports Authority (§ 5.1-152 et seq.).
"Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles.
"Photo-monitoring system" means equipment that produces one or more photographs, microphotographs, videotapes, or other recorded images of vehicles at the time they are used or operated in violation of the Authority regulation governing the use of the Dulles Access Highway.
B. A
photo-monitoring system or automatic vehicle identification system established
at locations along the Dulles Access Highway, in order to identify vehicles
that are using the Dulles Access Highway in violation of the Metropolitan
Washington Airports Authority (Authority) regulation regarding usage, which
makes violations of the regulation subject to civil penalties, shall be
administered in accordance with this section. The civil penalties for
violations of such regulation may not exceed the following: $50 for the first
violation; $100 for a second violation within one year from the first
violation; $250 for a third violation within two years from the second
violation; and $500 for a fourth and any subsequent violation within three
years from the second violation. In the event a violation of the Authority
regulation is identified via the photo-monitoring system or automatic vehicle
identification system, the operator of the Dulles Access Highway shall send a
notice of the violation, of the applicable civil penalty and of any
administrative fee calculated in accordance with subsection C D to the registered owner of
the vehicle identified by the system prior to seeking further remedies under
this section. Upon receipt of the notice, the registered owner of the vehicle
may elect to avoid any action by the operator to enforce the violation in court
by waiving his right to a court hearing, pleading guilty to the violation, and
paying a reduced civil penalty along with any applicable administrative fee to
the operator. Should the recipient of the notice make such an election, the
amount of the reduced civil penalty shall be as follows: $30 for the first
violation; $50 for a second violation within one year from the first violation;
$125 for a third violation within two years from the second violation; and $250
for a fourth and any subsequent violations within three years from the second
violation.
B. C. Information
collected by the photo-monitoring system or automatic vehicle identification system
referenced in subsection A B shall be limited exclusively
to that information that is necessary for identifying those
drivers operators
who improperly use the Dulles Access Highway in violation of the Authority
regulation. Notwithstanding any other provision of law, all photographs,
microphotographs, electronic images, or other data collected by a
photo-monitoring system or automatic vehicle identification system shall be
used exclusively for the identification of violators and shall not (i) be open to
the public; (ii) be sold or used for sales, solicitation, or marketing
purposes; (iii) be disclosed to any other entity except as may be necessary for
the identification of violators or to a vehicle owner or operator as part of a
challenge to the imposition of a civil penalty; or (iv) be used in a court in a
pending action or proceeding unless the action or proceeding relates to a
violation of the Authority regulation governing usage of the Dulles Access
Highway or upon order from a court of competent jurisdiction. Information
collected by the system shall be protected in a database with security
comparable to that of the Department of Motor Vehicles' system, and be purged
and not retained later than 30 days after the collection and reconciliation of
any civil penalties and administrative fees. The operator of the Dulles Access
Highway shall annually certify compliance with this subsection and make all
records pertaining to such system available for inspection and audit by the
Commissioner of Highways or the Commissioner of the Department of Motor
Vehicles or their designee. Any violation of this subsection shall constitute a
Class 1 misdemeanor. In addition to any fines or other penalties provided for
by law, any money or other thing of value obtained as a result of a violation
of this subsection shall be forfeited to the Commonwealth.
C. D. The
operator of the Dulles Access Highway may impose and collect an administrative
fee, in addition to the civil penalty established by regulation, so as to
recover the expenses of collecting the civil penalty, which administrative fee
shall be reasonably related to the actual cost of collecting the civil penalty
and shall not exceed $100 per violation. Such fee shall not be levied upon the
operator of the vehicle until a second violation has been documented within 12
months of an initial violation, in which case the fee shall apply to such
second violation and to any additional violation occurring thereafter. If the
recipient of the notice referenced in subsection A B makes the election provided
by that subsection, the administrative fee shall not exceed $25.
D. E. If the
election provided for in subsection A B is not made, the operator of
the Dulles Access Highway may proceed to enforce the violation in court. If the
matter proceeds to court, the registered owner or operator of a vehicle shall
be liable for the civil penalty set out in the Authority regulation governing
usage of the Dulles Access Highway, any applicable administrative fees
calculated in accordance with subsection C D and applicable court costs
if the vehicle is found, as evidenced by information obtained from a
photo-monitoring system or automatic vehicle identification system as provided
in this section, to have used the Dulles Access Highway in violation of the
Authority regulation; provided, that the civil penalty may not exceed the
amount of the penalty identified in subsection A B.
E. F. Any action under this
section shall be brought in the General District Court general district court of the
county or city in which the violation
occurred and shall be commenced within two years from the
commission of the offense. Such
action shall be considered a traffic infraction.
F. G. Proof of a violation of the Authority
regulation governing the use of the Dulles Access Highway shall be evidenced by
information obtained from the photo-monitoring system or automatic vehicle
identification system referenced in subsection A B. A certificate, sworn to or
affirmed by a technician employed or authorized by the operator of the Dulles
Access Highway, or a facsimile of such a certificate, that is based on
inspection of photographs, microphotographs, videotapes, or other recorded
images or electronic data produced by the photo-monitoring system shall be
prima facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape, or other recorded images or electronic data
evidencing such a violation shall be available for inspection in any proceeding
to adjudicate the liability for such violation under this section.
G. H. A summons issued under this section, which describes a vehicle
that, on the basis of a certificate referenced in subsection F G, is alleged to have been operated in violation of the Authority
regulation governing usage of the Dulles Access Highway, shall be prima facie
evidence that such vehicle was operated in violation of the Authority
regulation.
I. On a form prescribed by the Supreme Court, a summons for a violation of the Authority regulation governing the use of the Dulles Access Highway may be executed as provided in § 19.2-76.2. The operator of the Dulles Access Highway or its personnel or agents mailing such summons shall be considered conservators of the peace for the sole and limited purpose of mailing such summons. As provided in § 19.2-76.2, the summons for a violation of the Authority regulation governing usage of the Dulles Access Highway may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles or, if the registered owner or rental or leasing company has named and provided a valid address for the operator of the vehicle at the time of the violation as provided in this section, to the address of such named operator of the vehicle. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.
H. J. Upon a
finding by a court that the vehicle described in the
summons issued under this section was in violation of the Authority
regulation, the court shall impose a civil penalty upon the registered owner or
operator of such vehicle in accordance with the penalty amounts specified in
subsection D E, together with any
applicable court costs and applicable administrative fees calculated in
accordance with subsection C D. Civil penalties and
administrative fees assessed as a result of an action initiated under this
section and collected by the court shall be remanded by the clerk of the court
that adjudicated the action to the treasurer or director of finance of the
county or city in which the violation occurred for payment to the operator of
the Dulles Access Highway.
The registered owner of a vehicle shall be given reasonable
notice of an enforcement action in court by way of a
summons that informs the owner that his vehicle has been used in
violation of the Authority regulation governing the use of the Dulles Access
Highway and of the time and place of the court hearing, as well as of the civil
penalty and court costs for the violation. Upon the filing of an affidavit with
the court at least 14 days prior to the hearing date by the registered owner of
the vehicle stating that he was not the driver operator of the vehicle on the
date of the violation and providing the legal name and address of the operator
of the vehicle at the time of the violation, a summons
shall be issued to such alleged operator of the vehicle.
In any action against such a vehicle operator, an affidavit made by the registered owner providing the name and address of the vehicle operator at the time of the violation shall constitute prima facie evidence that the person named in the affidavit was operating the vehicle at all the relevant times relating to the matter addressed in the affidavit.
If the registered owner of the vehicle produces a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense and remained stolen at the time of the alleged offense, then the court shall dismiss the summons issued to the registered owner of the vehicle.
I. K. Upon a
finding by a court that a person has three or more violations of the Authority
regulation governing the use of the Dulles Access Highway and has failed to pay
the required civil penalties, administrative fees and court costs into the
court, the court shall notify the Commissioner of the Department of Motor
Vehicles, who shall refuse to issue or renew any vehicle registration
certificate to or for such person or the license plate for the vehicle owned by
such person until the court has notified the Commissioner that such civil
penalties, fees, and costs have been paid. The Commissioner shall collect a $40
administrative fee from such person to defray the cost of responding to court
notices given pursuant to this subsection.
J. For
purposes of this section, "operator of the Dulles Access Highway"
means the Metropolitan Washington Airports Authority; "owner" means
the registered owner of a vehicle on record with the Department of Motor
Vehicles; "photo-monitoring system" means equipment that produces one
or more photographs, microphotographs, videotapes, or other recorded images of
vehicles at the time they are used or operated in violation of the Authority
regulation governing the use of the Dulles Access Highway; "automatic
vehicle identification system" means an electronic vehicle identification
system that automatically produces an electronic record of each vehicle
equipped with an automatic vehicle identification device that uses monitored
portions of the Dulles Access Highway; and "automatic vehicle identification
device" means an electronic device that communicates by wireless
transmission with an automatic vehicle identification system.
K. L. Any
vehicle rental or vehicle leasing company, if named in a
summons, shall be released as a party to the action if it provides the
operator of the Dulles Access Highway with a copy of the vehicle rental
agreement or lease, or an affidavit that identifies the renter or lessee, prior
to the date of hearing set forth in the summons.
Upon receipt of such rental agreement, lease, or affidavit, a summons shall be issued to
such renter or lessee. Release of this information shall not be deemed a
violation of any provision of the Government Data Collection and Dissemination
Practices Act (§ 2.2-3800 et seq.) or the Insurance Information and Privacy
Protection Act (§ 38.2-600 et seq.). In any action against the renter or
lessee, a copy of the vehicle rental agreement, lease, or affidavit identifying
the renter or lessee of the vehicle at the time of the violation shall be prima
facie evidence that the person named in the rental agreement, lease, or
affidavit was operating the vehicle at all the relevant times relating to the
matter named in the summons.
L. M. Imposition
of a civil penalty pursuant to this section shall not be deemed a conviction as
an operator and shall not be made a part of the driving record of the person
upon whom such civil penalty is imposed, nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage. The provisions
of § 46.2-395 shall not be applicable to any civil penalty, administrative fee,
or cost imposed or ordered paid under this section.
M. On a form prescribed
by the Supreme Court, a summons for a violation of the Authority regulation
governing the use of the Dulles Access Highway may be executed pursuant to §
19.2-76.2. The operator of the Dulles Access Highway or its personnel or agents
mailing such summons shall be considered conservators of the peace for the sole
and limited purpose of mailing such summons. Pursuant to § 19.2-76.2, the
summons for a violation of the Authority regulation governing usage of the
Dulles Access Highway may be executed by mailing by first-class mail a copy
thereof to the address of the owner of the vehicle as shown on the records of
the Department of Motor Vehicles or, if the registered owner or rental or
leasing company has named and provided a valid address for the operator of the
vehicle at the time of the violation as provided in this section, to the
address of such named operator of the vehicle. If the summoned person fails to
appear on the date of return set out in the summons mailed pursuant to this
section, the summons shall be executed in the manner set out in § 19.2-76.3.
N. The operator of the Dulles
Access Highway may enter into an agreement with the Department of Motor
Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208,
to obtain vehicle owner information regarding the registered owners of vehicles
that improperly use the Dulles Access Highway. Information provided to the
operator of the Dulles Access Highway shall only be used in the enforcement of
the Authority regulation governing use of the Dulles Access Highway, and the
operator shall be subject to the same conditions and penalties regarding
release of the information as contained in subsection B C.
O. Should other vehicle recognition technology become available that is appropriate to be used for the purpose of monitoring improper usage of the Dulles Access Highway, the operator of the Dulles Access Highway shall be permitted to use any such technology that has been approved for use by the Virginia State Police, the Commonwealth of Virginia, or any of its localities.
P. All civil penalties paid to the operator of the Dulles Access Highway pursuant to this section shall be used by the operator of the Dulles Access Highway only for the operation and improvement of the Dulles Corridor, including the Dulles Toll Road.
§ 46.2-819.6. Invoice for unpaid toll.
A. The operator of a toll facility shall send an invoice for
the unpaid toll pursuant to § 46.2-819.7 subsection C to the registered
owner of the vehicle. An invoice for the unpaid toll shall contain the
following:
1. The name and address of the registered owner alleged to be liable under this section;
2. The registration number of the motor vehicle involved in such violation or information obtained from an automatic vehicle identification system if the vehicle is identified by an automatic vehicle identification system for the purpose of violation detection;
3. The location where such violation took place;
4. The date and time of such violation;
5. The amount of the toll not paid;
6. The amount of the administrative fee;
7. The date by which the toll and administrative fee must be paid;
8. The statutory defenses available under this chapter;
9. A warning describing the penalties for nonpayment of the invoice for the unpaid toll or failure to file a notice to contest liability for the toll violation; and
10. The procedures and time limits for filing a notice to
contest liability for a toll violation as provided in subsection B C
of § 46.2-819.3:1.
B. The toll facility operator shall include with the invoice a form to be used by the registered owner or operator of the vehicle to contest liability for a toll violation. This form shall include the mailing address to which it should be sent.
C. Whenever an invoice for an unpaid toll is to be provided to any person by the toll facility operator, it may be executed by mailing by first-class mail a copy of the invoice to the address of the owner of the vehicle as shown on the records of the Department.
§ 46.2-819.8. Agreements for enforcement of tolling violations against nonresidents.
A. The Secretary of Transportation or his designee may enter into an agreement on behalf of the Commonwealth with another state that provides for reciprocal enforcement of HOT lanes violations or toll violations, in accordance with this article and Chapter 5 (§ 33.2-500 et seq.) of Title 33.2, between the Commonwealth and the other state.
B. Any agreement made under this section shall provide that drivers and vehicles licensed or registered in the Commonwealth, while operating on the highways and bridges of another state, shall receive benefits, privileges, and exemptions of a similar kind with regard to toll enforcement as are extended to the drivers and vehicles licensed or registered in the other state while they are operating on the highways and bridges of the Commonwealth.
C. Any agreement made under this section shall provide for enforcement of HOT lanes violations or toll violations by refusal or suspension of the registration of the owner's or operator's motor vehicle in accordance with the provisions of this article and Chapter 5 (§ 33.2-500 et seq.) of Title 33.2 for Virginia residents and enforcement of HOT lanes violations or toll violations in accordance with the laws of the state in which the vehicle is registered for nonresidents. Furthermore, such agreement shall provide that any notice required to be sent between the Commonwealth and the other state for enforcement under the provisions of the agreement shall be sent via electronic means.
D. Any agreement made under this section shall provide that any vehicle owner or operator identified as a violator pursuant to the terms of the agreement shall be afforded the opportunity to challenge or otherwise contest liability for the unpaid toll in accordance with the laws or regulations of the state in which the violation occurred.
§ 46.2-819.9. Withholding of vehicle registration for enforcement of out-of-state toll violations.
A. Upon receipt of notice from a state that has entered into an agreement with the Commonwealth pursuant to § 46.2-819.8 that a resident of Virginia owes unpaid tolls, administrative fees, or penalties to that state, the Commissioner shall refuse to issue or renew the vehicle registration certificate or the license plate issued for a vehicle or vehicles owned by such resident in accordance with this section until such state has notified the Commissioner that such tolls, fees, or penalties have been paid.
If the resident is the owner and operator of the vehicle used in the commission of the offense, the Commissioner shall refuse to issue or renew the vehicle registration certificate or the license plate issued for that vehicle. If the resident was the operator of the vehicle, but not the owner, the Commissioner shall refuse to issue or renew any vehicle registration certificate or license plates for any vehicle owned by the resident.
B. The Department shall send each resident identified pursuant to subsection A notice of the intent to deny renewal of registration at least 30 days prior to the expiration date of a current vehicle registration. Such notice shall include instructions for contacting the state to which the unpaid tolls, administrative fees, or penalties are owed by the resident and indicate that such contact information is provided for the purpose of payment of the amounts owed.
C. Upon receipt of notice from the applicable state that the resident has satisfied all outstanding obligations to that state, the Commissioner shall release the hold on the vehicle registrations and permit the same to be issued or renewed.
D. The Commissioner shall charge a $40 fee to defray the cost of processing and withholding the registration or registration renewal under this section.
2. That § 46.2-819.7 of the Code of Virginia is repealed.