238.367. Procedures to collect tolls and issue traffic citation for toll violation, report of violation.
Procedures to collect tolls and issue traffic citation for tollviolation, report of violation.
238.367. The following procedures must be taken for the collection oftolls and issuance of traffic citations under the toll collectionregulations:
(1) Any toll booth operator witnessing a violation of the tollcollection regulations is authorized to report such violation to a lawenforcement official or agency. The report may be in one of the followingforms:
(a) A telephone call from a toll enforcement officer to a lawenforcement agency indicating a violation, and a reasonable description ofthe vehicle violating the toll enforcement regulations including, but notlimited to, the license plate of the vehicle, the make, model and color ofthe vehicle;
(b) A certificate, or written report sworn to or affirmed by a tollenforcement officer, agent of the corporation, state patrolman orsheriff's department deputy which charged that the violation occurred, orfacsimile thereof, based upon inspection of photographs, microphotographs,videotape or other recorded images produced by a photo monitoring system ora photo from a photo monitoring system, shall be prima facie evidence ofthe facts contained therein, subject to foundation evidence to establishthe authenticity of such photographs, microphotographs, videotape or otherrecorded images produced by a photo monitoring system, and shall beadmissible in any proceeding charging a violation of toll collectionregulations, provided that any photographs, microphotographs, videotape orother recorded images evidencing such a violation shall be available forinspection and admission into evidence in any proceeding to adjudicate theliability for such violations;
(2) After a report has been given to a Missouri law enforcementagency, such agency is authorized to issue a traffic citation for failureto pay the required toll;
(3) The law enforcement agency issuing the traffic citation isresponsible for prosecution of such citation; and
(4) The provisions of this section supplement the enforcement ofsections 238.300 to 238.367 by law enforcement officers, and this sectiondoes not prohibit a law enforcement officer from issuing a citation for aviolation of sections 238.300 to 238.367 or any violation of trafficregulations in accordance with normal traffic enforcement procedures.
(L. 1997 S.B. 67)