CHAPTER 3.5. AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM
IC 9-21-3.5
Chapter 3.5. Automated Traffic Law Enforcement System
IC 9-21-3.5-1
"Authority"
Sec. 1. As used in this chapter, "authority" refers to the Indiana
finance authority.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-2
"Automated traffic law enforcement system"
Sec. 2. As used in this chapter, "automated traffic law
enforcement system" means a device that:
(1) has one (1) or more motor vehicle sensors; and
(2) is capable of producing a photographically recorded image
of a motor vehicle, including an image of the vehicle's front or
rear license plate, as the vehicle proceeds through a tollgate, toll
zone, or other area on a tollway, qualifying project, or toll road
that is marked as required by the department, the authority, or
an operator as a place where a person using the tollway,
qualifying project, or toll road must pay a toll or is otherwise
subject to a fee for using the tollway, qualifying project, or toll
road.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-3
"Department"
Sec. 3. As used in this chapter, "department" refers to the Indiana
department of transportation.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-4
"Operator"
Sec. 4. As used in this chapter, "operator" has the meaning set
forth in IC 8-15.5-2-5 or IC 8-15.7-2-11.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-5
"Owner"
Sec. 5. As used in this chapter, "owner" means a person in whose
name a motor vehicle is registered under:
(1) IC 9-18;
(2) the laws of another state;
(3) the laws of a foreign country; or
(4) the International Registration Plan.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-6
"Qualifying project"
Sec. 6. As used in this chapter, "qualifying project" has the
meaning set forth in IC 8-15.7-2-16.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-7
"Toll road"
Sec. 7. As used in this chapter, "toll road" has the meaning set
forth for "toll road project" in IC 8-15-2-4(4).
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-8
"Tollway"
Sec. 8. As used in this chapter, "tollway" has the meaning set
forth in IC 8-15-3-7.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-9
Payment of toll by owner required
Sec. 9. The owner of a motor vehicle, other than an authorized
emergency vehicle, that is driven or towed through a toll collection
facility on a toll road, tollway, or qualifying project shall pay the
proper toll.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-10
Rules concerning automated traffic law enforcement systems
Sec. 10. The department or the authority may adopt and enforce
rules concerning:
(1) the placement and use of automated traffic law enforcement
systems to enforce collection of user fees;
(2) required notification to owners of toll violations;
(3) the process for collection and enforcement of unpaid
amounts;
(4) the amount of fines, charges, and assessments for toll
violations; and
(5) other matters relating to automated traffic law enforcement
systems that the department or the authority considers
appropriate.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-11
Advance warning signs
Sec. 11. Before enforcing a rule adopted under section 10 of this
chapter, the department, the authority, or an operator must install
advance warning signs along the tollways, toll roads, or qualifying
projects proceeding to the location at which an automated traffic law
enforcement system is located.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-12
Prosecution of toll violations
Sec. 12. (a) In the prosecution of a toll violation, proof that the
motor vehicle was driven or towed through the toll collection facility
without payment of the proper toll may be shown by a video
recording, a photograph, an electronic recording, or other appropriate
evidence, including evidence obtained by an automated traffic law
enforcement system.
(b) In the prosecution of a toll violation:
(1) it is presumed that any notice of nonpayment was received
on the fifth day after the date of mailing; and
(2) a computer record of the department, the authority, or the
operator of the registered owner of the vehicle is prima facie
evidence of its contents and that the toll violator was the
registered owner of the vehicle at the time of the underlying
event of nonpayment.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-13
Seizure of transponders
Sec. 13. (a) For purposes of this section, "transponder" means a
device, placed on or within a motor vehicle, that is capable of
transmitting information used to assess or collect tolls. A transponder
is "insufficiently funded" when there are no remaining funds in the
account in connection with which the transponder was issued.
(b) Any police officer of Indiana may seize a stolen or
insufficiently funded transponder and return it to the department, the
authority, or an operator, except that an insufficiently funded
transponder may not be seized from the holder of an account sooner
than the thirtieth day after the date the department, the authority, or
an operator has sent a notice of delinquency to the holder of the
account.
(c) The department or the authority may enter into an agreement
with one (1) or more persons to market and sell transponders for use
on tollways, toll roads, or qualifying projects.
(d) The department, the authority, or an operator may charge
reasonable fees for initiating, administering, and maintaining
electronic toll collection customer accounts.
(e) Electronic toll collection customer account information,
including contact and payment information and trip data, is
confidential and not subject to disclosure under IC 5-14-3. A contract
for the acquisition, construction, maintenance, or operation of a
tollway, toll road, or qualifying project must ensure the
confidentiality of all electronic toll collection customer account
information.
As added by P.L.47-2006, SEC.45.